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    Digest Nego

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    ralph
    nego digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Digest Nego

    Uploaded by

    ralph
    21 views2 pages
    nego digest

    Original Title

    Digest nego

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    nego digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    21 views2 pages

    Digest Nego

    Uploaded by

    ralph
    nego digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    It appears that some time in March, April, May and August 1983, plaintiff through its Visa Card

    Department, drew six crossed Manager's check having an aggregate amount of (P45,982.23) and
    payable to certain member establishments of Visa Card. Subsequently, the Checks were deposited
    with the defendant to the credit of its depositor, a certain Aida Trencio.
    Following normal procedures, and after stamping at the back of the Checks the usual endorsements.
    All prior and/or lack of endorsement guaranteed the defendant sent the checks for clearing through
    the Philippine Clearing House Corporation (PCHC). Accordingly, plaintiff paid the Checks; its clearing
    account was debited for the value of the Checks and defendant's clearing account was credited for
    the same amount,
    Thereafter, plaintiff discovered that the endorsements appearing at the back of the Checks and
    purporting to be that of the payees were forged and/or unauthorized or otherwise belong to persons
    other than the payees.
    Pursuant to the PCHC Clearing Rules and Regulations, plaintiff presented the Checks directly to the
    defendant for the purpose of claiming reimbursement from the latter. However, defendant refused to
    accept such direct presentation and to reimburse the plaintiff for the value of the Checks; hence, this
    case.
    In accordance with Section 38 of the Clearing House Rules and Regulations, the dispute was
    presented for Arbitration. After an exhaustive investigation and hearing the Arbiter rendered a
    decision in favor of the plaintiff and against the defendant ordering the PCHC to debit the clearing
    account of the defendant, and to credit the clearing account of the plaintiff.
    In a motion for reconsideration filed by the petitioner, the Board of Directors of the PCHC affirmed
    the decision of the said Arbiter

    Issue: Did the PCHC have any jurisdiction


    Petitioner argues that by law and common sense, the term check should be interpreted as one that
    fits the articles of incorporation of the PCHC, the Central Bank and the Clearing House Rules stating
    that it is a negotiable instrument citing the definition of a "check" as basically a "bill of exchange"
    under Section 185 of the NIL and that it should be payable to "order" or to "bearer" under Section
    126 of game law. Petitioner alleges that with the cancellation of the printed words "or bearer from the
    face of the check, it becomes non-negotiable so the PCHC has no jurisdiction over the case.
    In a previous case, this Court had occasion to rule: "Ubi lex non distinguish nec nos distinguere
    debemos." The term check as used in the said Articles of Incorporation of PCHC can only connote
    checks in general use in commercial and business activities. It cannot be conceived to be limited to
    negotiable checks only.
    Moreover, petitioner is estopped from raising the defense of non-negotiability of the checks in
    question. It stamped its guarantee on the back of the checks and subsequently presented these
    checks for clearing and it was on the basis of these endorsements by the petitioner that the
    proceeds were credited in its clearing account.

    The petitioner by its own acts and representation can not now deny liability because it assumed the
    liabilities of an endorser by stamping its guarantee at the back of the checks. The petitioner having
    stamped its guarantee of "all prior endorsements and/or lack of endorsements" is now estopped
    from claiming that the checks under consideration are not negotiable instruments.

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