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    G. Rights of Holder. 24. Cely Yang Vs CA

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    Iyah Mipanga
    (1) Cely Yang agreed to procure cashier's checks and a dollar draft from banks for Prem Chandiramani in exchange for manager's checks, but the exchange did not occur and the instruments were reported lost. However, Chandiramani obtained the checks and draft, and delivered them to Fernando David in exchange for $360,000, which David deposited. (2) The issues are whether David can be considered a holder in due course, and whether the presumption of consideration applies. (3) David is presumed to be a holder in due course as the payee in possession. Yang did not provide proof that David did not give valuable consideration for the checks. Both lower courts found

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    G. Rights of Holder. 24. Cely Yang Vs CA

    Uploaded by

    Iyah Mipanga
    319 views1 page
    (1) Cely Yang agreed to procure cashier's checks and a dollar draft from banks for Prem Chandiramani in exchange for manager's checks, but the exchange did not occur and the instruments were reported lost. However, Chandiramani obtained the checks and draft, and delivered them to Fernando David in exchange for $360,000, which David deposited. (2) The issues are whether David can be considered a holder in due course, and whether the presumption of consideration applies. (3) David is presumed to be a holder in due course as the payee in possession. Yang did not provide proof that David did not give valuable consideration for the checks. Both lower courts found

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    Negotiable Instruments Law

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    G. Rights of Holder. 24. Cely Yang vs CA

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    (1) Cely Yang agreed to procure cashier's checks and a dollar draft from banks for Prem Chandiramani in exchange for manager's checks, but the exchange did not occur and the instruments were reported lost. However, Chandiramani obtained the checks and draft, and delivered them to Fernando David in exchange for $360,000, which David deposited. (2) The issues are whether David can be considered a holder in due course, and whether the presumption of consideration applies. (3) David is presumed to be a holder in due course as the payee in possession. Yang did not provide proof that David did not give valuable consideration for the checks. Both lower courts found

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    319 views1 page

    G. Rights of Holder. 24. Cely Yang Vs CA

    Uploaded by

    Iyah Mipanga
    (1) Cely Yang agreed to procure cashier's checks and a dollar draft from banks for Prem Chandiramani in exchange for manager's checks, but the exchange did not occur and the instruments were reported lost. However, Chandiramani obtained the checks and draft, and delivered them to Fernando David in exchange for $360,000, which David deposited. (2) The issues are whether David can be considered a holder in due course, and whether the presumption of consideration applies. (3) David is presumed to be a holder in due course as the payee in possession. Yang did not provide proof that David did not give valuable consideration for the checks. Both lower courts found

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Cely Yang vs. Court of Appeals, et, al. - [G.R. No. 138074.

    August 15, 2003]

    Facts:

    Petitioner Cely Yang agreed with private respondent Prem Chandiramani to procure from Equitable Banking Corp.
    and Far east Bank and Trust Company (FEBTC) two cashier’s checks in the amount of P2.087 million each, payable
    to Fernando david and FEBTC dollar draft in the amount of US$200,000.00 payable to PCIB FCDU account No.
    4195-01165-2. Yang gave the checks and the draft to Danilo Ranigo to be delivered to Chandiramani. Ranigo was to
    meet Chandiramani to turn over the checks and the dollar draft, and the latter would in turn deliver to the former Phil.

    Commercial International Bank (PCIB) manager’s check in the sum of P4.2 million and the dollar draft in the same
    amount to be issued by Hang Seng Bank Ltd. of HongKong. But Chandiramani did not appear at the rendezvous and
    Ranigo allegedly lost the two cashier’s checks and the dollar draft.

    The loss was then reported to the police. It transpired, however that the checks and the dollar draft were never lost,
    for Chandiramani was able to get hold of them without delivering the exchange consideration consisting of PCIB
    Manager’s checks. Two hours after Chandiramani was able to meet Ranigo, the former delivered to David the two
    cashier’s checks of Yang and, in exchange, got US $360,000 from David, who in turn deposited them. Chandiramani
    also deposited the dollar draft in
    PCIG FCDU No. 4194-0165-2.

    Meanwhile, Yang requested FEBTC and Equitable to stop payment on the instruments she believed to be lost. Both
    Banks complied with her request, but upon the representation of PCIB, FEBTC subsequently lifted the stop payment
    order on FEBTC Dollar Draft No. 4771, thus, enabling the holder PCIB FCDU Account No. 4194-0165-2 to received
    the amount of US $ 200, 000.

    Issue:

    (1) Whether or not David may be considered a holder in due course.

    (2) Whether or not the presumption that every party to an instrument acquired the same for a consideration is
    applicable in this case.

    Held:

    (1) Every holder of a negotiable instrument is deemed prima facie a holder in due course. However, this presumption
    arises only in favor of a person who is a holder as defined in Section 191 of the Negotiable Instruments Law, meaning
    a “payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof.”

    In the present case, it is not disputed that David was the payee of the checks in question. The weight of authority
    sustains the view that a payee may be a holder in due course. Hence, the presumption that he is a prima facie holder
    in due course applies in his favor.

    (2) The presumption is that every party to an instrument acquired the same for a consideration. However, said
    presumption may be rebutted. Hence, what is vital to the resolution of this issue is whether David took possession of
    the checks under the conditions provided for in Section 52 of the Negotiable Instruments Law. All the requisites
    provided for in Section 52 must concur in David’s case, otherwise he cannot be deemed a holder in due course.

    Section 24 of the Negotiable Instruments Law creates a presumption that every party to an instrument acquired the
    same for a consideration or for value. Thus, the law itself creates a presumption in David’s favor that he gave
    valuable consideration for the checks in question. In alleging otherwise, the petitioner has the onus to prove that
    David got hold of the checks absent said consideration. However, petitioner failed to discharge her burden of proof.
    The petitioner’s averment that David did not give valuable consideration when he took possession of the checks is
    unsupported, devoid of any concrete proof to sustain it. Note that both the trial court and the appellate court found
    that David did not receive the checks gratis, but instead gave Chandiramani US$ 360,000 as consideration for the
    said instruments.

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