Article 12p. 12

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

SECTION 90. By Whom Given . — The notice may be given

by or on behalf of the holder, or by or on behalf of any

party to the instrument who might be compelled to pay it

to the holder, and who, upon taking it up, would have a

right to reimbursement from the party to whom the

notice is given.

SECTION 91. Notice Given by Agent . — Notice of dishonor

may be given by an agent either in his own name or in

the name of any party entitled to give notice, whether

that party be his principal or not. casia

SECTION 92. Effect of Notice Given on Behalf of Holder .

— Where notice is given by or on behalf of the holder, it

inures for the benefit of all subsequent holders and all

prior parties who have a right of recourse against the

party to whom it is given.

SECTION 93. Effect Where Notice is Given by Party

Entitled Thereto . — Where notice is given by or on behalf

of a party entitled to give notice, it inures for the benefit

of the holder and all parties subsequent to the party to

whom notice is given.

SECTION 94. When Agent May Give Notice . — Where the

instrument has been dishonored in the hands of an

agent, he may either himself give notice to the parties

liable thereon, or he may give notice to his principal. If he

give notice to his principal, he must do so within the

same time as if he were the holder, and the principal

upon the receipt of such notice has himself the same

time for giving notice as if the agent had been an

independent holder.

SECTION 95. When Notice Sufficient . — A written notice

need not be signed, and an insufficient written notice

may

be

supplemented

and

validated

by

verbal

communication. A misdescription of the instrument does

not vitiate the notice unless the party to whom the notice

is given is in fact misled thereby.

SECTION 96. Form of Notice . — The notice may be in

writing or merely oral and may be given in any terms

which sufficiently identify the instrument and indicate

that

it

has

been

dishonored

by non-acceptance or

non-payment. It may in all cases be given by delivering it

personally or through the mails. cdrep

SECTION 97. To Whom Notice May Be Given . — Notice of

dishonor may be given either to the party himself or to

his agent in that behalf.

SECTION 98. Notice Where Party is Dead . — When any

party is dead, and his death is known to the party giving

notice,

the

notice

must

be

given

to

a

personal

representative, if there be one, and if with reasonable

diligence he can be found. If there be no personal

representative, notice may be sent to the last residence or

last place of business of the deceased.

SECTION 99. Notice to Partners . — When the parties to

be notified are partners, notice to any one partner is

notice

to

the

firm

even

though there has been a

dissolution.

SECTION 100. Notice to Persons Jointly Liable . — Notice

to joint parties who are not partners must be given to

each of them, unless one of them has authority to receive

such notice for the others.

SECTION 101. Notice to Bankrupt . — Where a party has

been adjudged a bankrupt or an insolvent, or has made

an assignment for the benefit of creditors, notice may be

given either to the party himself or to his trustee or

assignee. cdphil

SECTION 102. Time Within Which Notice Must Be Given .

— Notice may be given as soon as the instrument is

dishonored; and unless delay is excused as hereinafter

provided, must be given within the times fixed by this

Act.

SECTION 103. Where Parties Reside in Same Place . —

Where the person giving and the person to receive notice

reside in the same place, notice must be given within the

following times:

(a)If given at the place of business of the person to receive

notice, it must be given before the close of business hours

on the day following.

(b)If given at his residence, it must be given before the

usual hours of rest of the day following.

(c)If sent by mail, it must be deposited in the post-office

in time to reach him in usual course on the day following.

SECTION 104. Where Parties Reside in Different Places .

— Where the person giving and the person to receive

notice reside in different places, the notice must be given

within the following times:

(a)If sent by mail, it must be deposited in the post-office

in time to go by mail the day following the day of

dishonor, or if there be no mail at a convenient hour on

that day, by the next mail thereafter.

(b)If given otherwise than through the post-office, then

within the time that notice would have been received in

due course of mail, if it had been deposited in the

post-office

within

the

time

specified

in

the

last

subdivision.

SECTION 105. When Sender Deemed to Have Given Due

Notice . — Where notice of dishonor is duly addressed and

deposited in the post-office, the sender is deemed to

have given due notice, notwithstanding any miscarriage

in the mails.

SECTION 106. Deposit in Post-Office ; What Constitutes .

— Notice is deemed to have been deposited in the

post-office when deposited in any branch post-office or

in any letter box under the control of the post-office

department.

SECTION 107. Notice of Subsequent Party ; Time of . —

Where a party receives notice of dishonor, he has, after

the receipt of such notice, the same time for giving notice

to antecedent parties that the holder has after the

dishonor.

SECTION 108. Where Notice Must Be Sent . — Where a

party has added an address to his signature, notice of

dishonor must be sent to that address; but if he has not

given such address, then the notice must be sent as

follows:

(a)Either

to

the

post-office

nearest

to

his

place

of

residence or to the post-office where he is accustomed to

receive his letters; or

(b)If he lives in one place, and has his place of business in

another, notice may be sent to either place; or

(c)If he is sojourning in another place, notice may be sent

to the place where he is so sojourning.

But where the notice is actually received by the party

within the time specified in this Act, it will be sufficient,

though not sent in accordance with the requirement of

this section.

SECTION 109. Waiver of Notice . — Notice of dishonor may

be waived, either before the time of giving notice has

arrived or after the omission to give due notice, and the

waiver may be express or implied.

SECTION 110. Whom Affected by Waiver . — Where the

waiver is embodied in the instrument itself, it is binding

upon all parties; but, where it is written above the

signature of an indorser, it binds him only.

SECTION 111. Waiver of Protest . — A waiver of protest,

whether in the case of a foreign bill of exchange or other

negotiable instrument, is deemed to be a waiver not only

of a formal protest, but also of presentment and notice of

dishonor.

SECTION 112. When Notice is Dispensed With . — Notice

of dishonor is dispensed with when, after the exercise of

reasonable diligence, it can not be given to or does not

reach the parties sought to be charged.

SECTION 113. Delay in Giving Notice ; How Excused . —

Delay in giving notice of dishonor is excused when the

delay is caused by circumstances beyond the control of

the holder, and not imputable to his default, misconduct,

© Compiled by RGL

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