2012 Mercantile Law, Q4

Indicate and explain whether the promissory note is negotiable or non-negotiable.
I promise to pay A or bearer Php100,000.00 from my inheritance which I will get after the death of my father. (2%)
I promise to pay A or bearer Php100,000 plus the interest rate of ninety (90) – day treasury bills. (2%)
I promise to pay A or bearer the sum of Php100,000 if A passes the 2012 bar exams. (2%)
I promise to pay A or bearer the sum of Php100.000 on or before December 30, 2012. (2%)
I promise to pay A or bearer the sum of Php100,000. (2%)

Quick check

Which of the following promissory notes complies with the requisites of negotiability under Section 1 of Act 2031?

Why is a promissory note payable out of a expected inheritance non-negotiable under Section 3 of Act 2031?

What is the legal effect of promising to pay an interest rate based on fluctuating ninety-day treasury bills without a fixed rate formula?

Is a promissory note payable upon the condition that the payee passes the bar examination negotiable?

Which statute sets the formal requisites for negotiability of promissory notes and checks in the Philippines?

Learn more about these topics

1. Requisites of Negotiability
Under Section 1 of the Negotiable Instruments Law (Act Number 2031), an instrument must be in writing and signed by the maker or drawer, contain an unconditional promise or order to pay a sum certain in money, be payable on demand or at a fixed or determinable future time, and be payable to order or to bearer. Failure to satisfy any of these mandatory statutory requisites deprives the instrument of negotiability under Philippine commercial law.

2. Unconditional Promise Rule
Under Section 3 and Section 4 of Act Number 2031, an order or promise to pay out of a particular fund, or subject to a contingency, is conditional and renders the instrument non-negotiable. An instrument payable upon an event that may or may not happen is non-negotiable even if the event actually occurs later. Payment from a specific inheritance or conditioned upon passing a bar examination creates a conditional promise that destroys negotiability.

3. Sum Certain Requirement
Under Section 2 of Act Number 2031, the sum payable is certain if it is a sum face value with interest or by stated installments. However, promising to pay an interest rate tied to fluctuating market benchmarks, such as ninety-day treasury bills without a fixed rate formula, renders the sum uncertain at the time of execution. Uncertainty in the principal or interest payable invalidates negotiability under the Negotiable Instruments Law.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026