2013 Mercantile Law, Q1

Antonio issued the following instrument:
August 10,2013
Makati City
P100,000.00
Sixty days after date, I promise to pay Bobby or his designated .representative the sum of ONE HUNDRED THOUSAND PESOS(P 100,000.00) from my BPI Acct. No. 1234 if, by this due date, the sun still sets in the west to usher in the evening and rises in the east the following morning to welcome the day.
(Sgd.) Antonio Reyes
Explain each requirement of negotiability present or absent in the instrument. (8%)

Quick check

What is the legal effect on negotiability when a promissory note states that payment shall be made from a specific bank account?

Does an instrument payable to 'Bobby or his designated representative' satisfy the statutory requirement under Section 1(d)?

Is a condition based on a natural event that is certain to happen, such as the sun rising tomorrow, considered a valid determinable future time?

Which statutory requirement of negotiability under Section 1 is violated when an instrument lacks the words 'to order' or 'to bearer'?

Which primary statute governs the requisites of negotiability, particular fund rules, and order or bearer requirement 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 to be negotiable 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. The failure to comply with any single statutory requirement under Section 1 renders the instrument non-negotiable.

2. Particular Fund Doctrine
Under Section 3 of the Negotiable Instruments Law, an order or promise to pay out of a particular fund is not unconditional, which destroys the negotiability of the instrument. While indicating a particular account to be debited or a particular fund for reimbursement does not affect negotiability, specifying that payment must be made strictly out of a designated bank account restricts payment to that fund alone, making the obligation conditional.

3. Words of Negotiability
Under Section 1(d) and Sections 8 and 9 of Act Number 2031, an instrument is negotiable only if it is payable to order or to bearer. An instrument payable to a specified person or his designated representative lacks words of negotiability. Without the words 'to order' or 'to bearer', the instrument is non-negotiable, and its transfer operates merely as an ordinary assignment of a chose in action subject to defenses.

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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.

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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