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MESINA V. IAC 145 SCRA 497 - MORE ABOUT THIS ☰
TOPIC:

HOLDER IN DUE COURSE

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Holder in Due Course

with Incomplete and
Undelivered
Instrument (/law-
Category: Mercantile Law Jurisprudence (/law-library/mercantile-law/jurisprudence1.html)
library/mercantile-
law/corporation-
law/2054-holder-in-
due-course-with-
incomplete-and-
MESINA V. IAC undelivered-
instrument.html)
145 SCRA 497 Persons Liable on a
Negotiable Instrument
(/law-
library/mercantile-
FACTS: law/negotiable-
Jose Go purchased from Associate Bank a Cashier’s Check, which he left on top of the manager’s desk when left the bank. instruments/2060-
The bank manager then had it kept for safekeeping by one of its employees. The employee was then in conference with persons-liable-on-a-
one Alexander Lim. He left the check in his desk negotiable-
and upon his return, Lim and the check were gone. When Go inquired about his check, the same couldn't be found and Go instrument.html)
was advised to request for the stoppage of payment which he did. He executed also an affidavit of loss as well as reported it to The Bank knowing its
the police. Depositor’s Signature
(/law-
The bank then received the check twice for clearing. For these two times, they dishonored the payment by saying that
library/mercantile-
payment has been stopped. After the second time, a lawyer contacted it demanding payment. He refused to disclose the
name of his client and threatened to sue. Later, the
law/negotiable-
name of Mesina was revealed. When asked by the police on how he possessed the check, he said it was paid to him Lim. instruments/2059-the-
An information for theft was then filed against Lim. bank-knowing-its-
depositor’s-
A case of interpleader was filed by the bank and Go moved to participate as intervenor in the complaint for damages. Mesina signature.html)
moved for the dismissal of the case but was denied. The trial court ruled in the interpleader case ordering the bank to Negotiable
replace the cashier’s check in favor of Go. Instruments With a
Term (/law-
library/mercantile-
HELD: law/negotiable-
Petitioner cannot raise as arguments that a cashier’s check cannot be countermanded from the hands of a holder in due instruments/2058-
course and that a cashier’s check is a check drawn by the bank against itself. Petitioner failed to substantiate that he negotiable-
was a holder in due course. Upon instruments-with-a-
questioning, he admitted that he got the check from Lim who stole the check. He refused to disclose how and why it has
term.html)
passed to him. It simply means that he has notice of the defect of his title over the check from the start. The holder of a
Construction in Case of
cashier’s check who is not a holder in due course
cannot enforce payment against the issuing bank which dishonors the same. If a payee of a cashier’s check obtained it from
Ambiguities in a
the issuing bank by fraud, or if there is some other reason why the payee is not entitled to collect the check, the bank Negotiable Instrument
would of course have the right to refuse (/law-
payment of the check when presented by payee, since the bank was aware of the facts surrounding the loss of the check in library/mercantile-
question. law/negotiable-
instruments/2057-
construction-in-case-
of-ambiguities-in-a-
negotiable-
 Prev (/law-library/mercantile-law/jurisprudence1/1014-asia-banking-corporation-v-ten-sen-guan-44-phil-511-holder-in- instrument.html)
due-course.html) Conditional or Special
Delivery of Negotiable
Next  (/law-library/mercantile-law/jurisprudence1/1012-yang-v-court-of-appeals-409-scra-159-holder-in-due-
course.html)
Instruments (/law-
library/mercantile-
law/negotiable-
Holder in Due Course with Incomplete and Undelivered Instrument (/law-library/mercantile-law/corporation-law/2054-
holder-in-due-course-with-incomplete-and-undelivered-instrument.html)
instruments/2056-
Persons Liable on a Negotiable Instrument (/law-library/mercantile-law/negotiable-instruments/2060-persons-liable-on-a- conditional-or-special-
negotiable-instrument.html) delivery-of-negotiable-
The Bank knowing its Depositor’s Signature (/law-library/mercantile-law/negotiable-instruments/2059-the-bank-knowing- instruments.html)
its-depositor’s-signature.html) Importance of Dates in
Negotiable Instruments With a Term (/law-library/mercantile-law/negotiable-instruments/2058-negotiable-instruments- Negotiable
with-a-term.html) Instruments (/law-
Construction in Case of Ambiguities in a Negotiable Instrument (/law-library/mercantile-law/negotiable-instruments/2057-
library/mercantile-
construction-in-case-of-ambiguities-in-a-negotiable-instrument.html)
law/negotiable-
Conditional or Special Delivery of Negotiable Instruments (/law-library/mercantile-law/negotiable-instruments/2056-
conditional-or-special-delivery-of-negotiable-instruments.html)
instruments/2051-
Importance of Dates in Negotiable Instruments (/law-library/mercantile-law/negotiable-instruments/2051-importance-of- importance-of-dates-
dates-in-negotiable-instruments.html) in-negotiable-
Civil Law Definition (/law-library/civil-law/persons-and-family/84-civil-law-definition.html) instruments.html)
Effectivity of Laws (/law-library/civil-law/persons-and-family/82-effectivity-of-laws.html) Civil Law Definition
LAW in General (/law-library/civil-law/persons-and-family/81-law-in-general.html) (/law-library/civil-
law/persons-and-
 family/84-civil-law-
definition.html)
Effectivity of Laws
(/law-library/civil-
law/persons-and-
family/82-effectivity-
of-laws.html)
LAW in General (/law-
library/civil-
law/persons-and-
family/81-law-in-
general.html)

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