2012 Mercantile Law, Q3

X borrowed money from Y in the amount of Php1Million and as payment, issued a check. Y then indorsed the check to his sister Z for no consideration. When Z deposited the check to her account, the check was dishonored for insufficiency of funds.
Is Z a holder in due course? Explain your answer. (5%)
Who is liable on the check. The drawer or the indorser? Explain your answer. (5%)

Quick check

Is a transferee who receives a negotiable check without paying any consideration a holder in due course under Act 2031?

Who is primarily or secondarily liable to pay a check that is dishonored due to insufficient funds?

When is notice of dishonor dispensed with as to the drawer under Section 114 of the Negotiable Instruments Law?

What defenses may a drawer raise against a holder who is not a holder in due course?

Which primary statute governs negotiable checks, holder in due course requisites, and drawer liability in the Philippines?

Learn more about these topics

1. Value Requirement
Under Section 52(c) of the Negotiable Instruments Law (Act Number 2031), a holder in due course is one who takes the instrument for value. Value is any consideration sufficient to support a simple contract. Where an instrument is transferred without any consideration, the transferee fails to satisfy the statutory requisites of a holder in due course. Consequently, the transferee holds the instrument subject to original defenses available between immediate parties.

2. Drawer Secondary Liability
Under Section 61 of the Negotiable Instruments Law (Act Number 2031), the drawer by drawing the instrument admits the existence of the payee and engages that on due presentment the instrument will be accepted or paid, or both. If the check is dishonored upon presentment due to insufficiency of funds, the drawer becomes directly liable to pay the amount of the check to the holder.

3. Notice of Dishonor
Under Section 114(d) of the Negotiable Instruments Law (Act Number 2031), notice of dishonor is not required to be given to the drawer where the drawer has no right to expect or require that the drawee will honor the instrument. When a check is drawn against insufficient funds, the drawer lacks any reasonable expectation of payment, thereby dispensing with notice of dishonor as a prerequisite for liability.

About these questions and answers
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