nil review cases

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1. AngTekLian v. Courts of Appeals GR L-2516 September 25, 1950 Facts: Ang Tek Lian knowing that he had no funds therefor, drew a check upon China Banking Corporation payable to the order of “cash”. He delivered it toLee Hua Hong in exchange for money. The check was presented by Lee Hua hong to the drawee bank for payment, but it w3as dishonored for insufficiency of funds. With this, Ang Tek Lian was convicted of estafa. Issue: Whether or not the check issued by Ang Tek Lian that is payable to the order to “cash” and not have been indorsed by Ang Tek Lian, making him not guilty for the crime of estafa. Held: No.Under Sec. 9 of NIL a check drawn payable to the order of “cash” is a check payable to bearer and the bank may pay it to the person presenting it for payment without the drawer’s indorsement. However, if the bank is not sure of the bearer’s identity or financial solvency, it has the right to demand identification or assurance against possible complication, such as forgery of drawer’s signature, loss of the check by the rightful owner, raising of the amount payable, etc. But where the bank is satisfied of the identity or economic standing of the bearer who tenders the check for collection, it will pay the instrument without further question; and it would incur no liability to the drawer in thus acting. 2. Philippine National Bank v. Erlando T. Rodriguez GR 170325 September 26, 2008 3. Metropolitan Bank and Trsut Company v Court of Appeals GR 88866 February 18, 1991 4. Pacifica Jimenez v. Dr. Jose Bucoy GR L-10221 February 28, 1958 5. Caltex (Phiilippines) Inc. v. Court of Appeals GR 97753 August 10, 1992 6. Equitable Banking Corporation v. IAC GR L-74451 May 25, 1988 7. Republic Planters Bank v. Fermin Canlas GR. 93073 December 21, 1992 8. Traders Royal Bank v. Court of Appeals GR 93397 March 3, 1997 9. Consolidated Plywood Industries Inc v. IFC Leasing and Accepatnce Corp. GR L-72593 10. Rizal Commercal Banking Corp. v. Hi-Tri Development GR 192413 June 13, 2012 11. Vicente Go v. Metropolitan Bank and Trust Co. GR 168842 August 11, 2010 12. Bank of the Philippine Islands v Court of Appeals GR 136302 January 25, 2007 13. Montinola v. PNB GR. L-2861, February 28, 1983 14. Metropol Financing and Investment Corporation v. Sanbok Motors Co. L- 39641 February 28, 1983 15. Far East Bank and Trust Co v. Gold Palace Jewelry GR. 168274 August 20, 2008 16. Engr. Jose E. Cayanan v. North Star International Travel IN, GR 172594 17. Yang v. Hon. Court of Appeals GR 138074 August 15, 2003

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Page 1: NIL Review Cases

1. AngTekLian v. Courts of Appeals GR L-2516 September 25, 1950

Facts:            Ang Tek Lian knowing that he had no funds therefor, drew a check upon China Banking Corporation payable to the order of “cash”. He delivered it toLee Hua Hong in exchange for money. The check was presented by Lee Hua hong to the drawee bank for payment, but it w3as dishonored for insufficiency of funds. With this, Ang Tek Lian was convicted of estafa.

Issue:            Whether or not the check issued by Ang Tek Lian that is payable to the order to “cash” and not have been indorsed by Ang Tek Lian, making him not guilty for the crime of estafa.

Held:            No.Under Sec. 9 of NIL a check drawn payable to the order of “cash” is a check payable to bearer and the bank may pay it to the person presenting it for payment without the drawer’s indorsement. However, if the bank is not sure of the bearer’s identity or financial solvency, it has the right to demand identification or assurance against possible complication, such as forgery of drawer’s signature, loss of the check by the rightful owner, raising of the amount payable, etc. But where the bank is satisfied of the identity or economic standing of the bearer who tenders the check for collection, it will pay the instrument without further question; and it would incur no liability to the drawer in thus acting.

2. Philippine National Bank v. Erlando T. Rodriguez GR 170325 September 26, 20083. Metropolitan Bank and Trsut Company v Court of Appeals GR 88866 February 18, 19914. Pacifica Jimenez v. Dr. Jose Bucoy GR L-10221 February 28, 19585. Caltex (Phiilippines) Inc. v. Court of Appeals GR 97753 August 10, 19926. Equitable Banking Corporation v. IAC GR L-74451 May 25, 19887. Republic Planters Bank v. Fermin Canlas GR. 93073 December 21, 19928. Traders Royal Bank v. Court of Appeals GR 93397 March 3, 19979. Consolidated Plywood Industries Inc v. IFC Leasing and Accepatnce Corp. GR L-7259310. Rizal Commercal Banking Corp. v. Hi-Tri Development GR 192413 June 13, 201211. Vicente Go v. Metropolitan Bank and Trust Co. GR 168842 August 11, 201012. Bank of the Philippine Islands v Court of Appeals GR 136302 January 25, 200713. Montinola v. PNB GR. L-2861, February 28, 198314. Metropol Financing and Investment Corporation v. Sanbok Motors Co. L-39641 February 28, 198315. Far East Bank and Trust Co v. Gold Palace Jewelry GR. 168274 August 20, 200816. Engr. Jose E. Cayanan v. North Star International Travel IN, GR 17259417. Yang v. Hon. Court of Appeals GR 138074 August 15, 2003