Category Archives: 17. General Provisions

Negotiable Instruments Law [Sec. 190-198]

XVII. GENERAL PROVISIONS

Sec. 190. Short title. – This Act shall be known as the Negotiable Instruments Law.

Sec. 191. Definition and meaning of terms. – In this Act, unless the contract otherwise requires:

“Acceptance” means an acceptance completed by delivery or notification;

“Action” includes counterclaim and set-off;

“Bank” includes any person or association of persons carrying on the business of banking, whether incorporated or not;

“Bearer” means the person in possession of a bill or note which is payable to bearer;

“Bill” means bill of exchange, and “note” means negotiable promissory note;

“Delivery” means transfer of possession, actual or constructive, from one person to another;

“Holder” means the payee or indorsee of a bill or note who is in possession of it, or the bearer thereof;

“Indorsement” means an indorsement completed by delivery;

“Instrument” means negotiable instrument;

“Issue” means the first delivery of the instrument, complete in form, to a person who takes it as a holder;

“Person” includes a body of persons, whether incorporated or not;

“Value” means valuable consideration;

“Written” includes printed, and “writing” includes print.

Sec. 192. Persons primarily liable on instrument. – The person “primarily” liable on an instrument is the person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are “secondarily” liable.

Sec. 193. Reasonable time, what constitutes. – In determining what is a “reasonable time” regard is to be had to the nature of the instrument, the usage of trade or business with respect to such instruments, and the facts of the particular case.

Sec. 194. Time, how computed; when last day falls on holiday. – Where the day, or the last day for doing any act herein required or permitted to be done falls on a Sunday or on a holiday, the act may be done on the next succeeding secular or business day.

Sec. 195. Application of Act. – The provisions of this Act do not apply to negotiable instruments made and delivered prior to the taking effect hereof.

Sec. 196. Cases not provided for in Act. – Any case not provided for in this Act shall be governed by the provisions of existing legislation or in default thereof, by the rules of the law merchant.

Sec. 197. Repeals. – All acts and laws and parts thereof inconsistent with this Act are hereby repealed.

Sec. 198. Time when Act takes effect. – This Act shall take effect ninety days after its publication in the Official Gazette of the Philippine Islands shall have been completed.

Enacted: February 3, 1911

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