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Consolidated Plywood Industries, Inc. v. IFC Leasing and Acceptance Corp [G.R. No. 72593. April 30, 1987]

20 Apr

FACTS

A non-negotiable promissory note was issued:

“FOR VALUE RECEIVED, I/we jointly and severally promise to pay to the INDUSTRIAL PRODUCTS MARKETING, the sum of ONE MILLION NINETY THREE THOUSAND SEVEN HUNDRED EIGHTY NINE PESOS & 71/100 only (P 1,093,789.71), Philippine Currency, the said principal sum, to be payable in 24 monthly installments starting July 15, 1978 and every 15th of the month thereafter until fully paid. …”

ISSUE

Whether or not a non-negotiable promissory note may be assigned.

RULING

YES. The subject promissory note may be assigned. It follows then that the respondent can never be a holder in due course but remains a mere assignee of the note in question. Thus, the petitioner may raise against the respondent all defenses available to it as against the seller-assignor.

 

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