ozamiz city realm world

my journey to life

2010-01-06T18:45:00.016+08:00

"The Path to the Truth"

the Holy Bible

It started last December 15, 2009 when i left for my home town Ozamiz city in northern Mindanao, and went to Cebu City in central visayas.

i arrived in Cebu City December 16, 2009 at 6am in the morning. my cousin fetched me in the port of Cebu, along with her wife Sisa and daughter Solil.

why i traveled? simply because, i would like to look for a greener Pasteur. a good job and a good compensation to support my family back in Ozamiz. so i prioritized Cebu City for it might be the place for a great opportunity, and also a little nearer to my family.

my mind set was to look for a job and only for a job.

then my unexpected journey begun..............................

December 16, 2009 that was Wednesday. i arrived in Cebu and stayed at my cousins in laws house. i asked him if i can stay for awhile and what would be our arrangement. he replied, you can stay as long as you want, then once you get a job that's the time we talk about the arrangement.

so we chit chat with his family. until in the evening after dinner, my cousins sister in law Nissah showed me a video in YouTube. a person named Nick Vujicic a motivational and inspirational speaker. everyone in the living room watched. then as i was watching the video i almost cried, because he who have no arms, no legs, no limbs has no worries in life. while me who is complete worries to much and loosing hope for what the world can offer.

then she showed me again another video in YouTube. Dick and Rick Hoyt.

until my tears fell........................

i saw myself as a father who was so harshed to his family because he cannot provide what was due for them. while there are some people tried to hold you back and why, cant be happy instead on your decision for a life changing journey. from there i realized that my decision is worth at all, for i have a beautiful and wonderful family to lived by.

the following morning December 17, 2009 me and my cousin had an 8am appointment for he was going to show me he's work as a med rep. but then again we had a chit chat with her sister in law Nissah. she gave me a verse from the bible, it was Romans 6-23, then she explained it to me. as i was listening, i said to myself come on show me what you got. then when i checked the time it was passed 8am. so again i said to myself, if my cousin Choy ask me that we have to go, i will rather decline and stay instead, for i want to hear more from his sister in law . funny to think, because it was my first time not to engage in a biblical arguments. but instead, i listened to her. then after she explained to me the passage. she said to me, was it you who have a letter to God? then i replied yes. i post it in my blog in titled "A Letter To God". i told her why i made such a letter. because, i said to myself that, perhaps god was busy listening to others prayer and I'm on the last part of the line. so i decided to make a letter to him using the Internet via my blog, thinking that he might be using the same technology or perhaps have a WIFI in heaven. hoping also to be answered by him or received a comment like gesture from other viewers.

then she said to me. do you know that your letter was answered already? then i replied really?

then she opened again a video in YouTube "Fathers Love Letter". after i watched the video i felt embarrassed to myself, for all along it was in the Internet. i have been using the Internet 24/7 and not a single thought have a chance to find an answer to my letter to god through the Internet.

the only word i can say was AMAZING....................

so December 18, 2009 i went to the company who emailed me for an interview. to no avail, it turned out not the way i expected it to be. so December 19, 2009 it was Saturday when me and Carlo went to Kawit. a 4 hour travel from metro Cebu to its northern part. we arrived at around 9pm. the following morning December 20, 2009. i woke up and saw from the top, the view of Kawit. very beautiful and you will find serenity in the area.

at around 9am the same day. we attended a church service in Balay Kahayag. then a very extraordinary happened.............

first i was born and raised a roman catholic. i used to be an altar boy when i was 10-15 years old. today i am married. my wife was a born again christian as well as my in laws. i used to go with them in their church. i observed what they do while praying and i find it funny. we even have a bible sharing using the world wide web to reached out our relatives from a far and pray, that i find myself annoying in each gathering we made. so it came to the point i decline and let my wife join them. the only religion that i haven't entered was Islam.

but something struck me in Balay Kahayag. i bowed my head and pray. i even raised my right hand when pastor Virgilio said to reached out. funny but its true, i cannot control what i am doing. that time my tears fell. i don't know what happened, it was so strange and unusual for me to do.

its like the devil in me is fading away. for the love of God is now in me and in Jesus my savior that comforts me. i thank thee. amen................

December 25, 2009 i spent my first Christmas far from my family. i felt alone, but Jesus is in me now that all of my worries has gone out. i felt more relaxed that i even gain weight from 155lbs to 160lbs. members of Balay Kahayag gathered for their Christmas party, then there were lots of fun and games.

December 27, 2009 i attended again the service in Balay Kahayag. i ask my cousins if i can take some pictures. they said to me YES. so i started taking pictures. when one of the leaders named Joel, who was talking infront of all the members suddenly called me. out of a sudden i stood up and grab the microphone, then from there i started talking about my journey in Cebu and a life changing that opened a new chapter in my life. an unfamiliar gesture of mine, but by the help of the divine grace i had my testimony.

i will never forget what i experienced in Cebu, Bogo, Medellen, and Kawit. most specially to Balay Kahayag. also to the people who enlightened me. to pastor Virgilio of Balay Kahayag, who i have conversed in the manner that i felt more relaxed and determined to listen to the word of God. i thank you all.

for i have found myself and my soul rejuvenates once more. for God has a reason for every man, and i submit myself and willing to be his child once again.

i spent my new year with my family in Ozamiz city and i will be back in Cebu City on January 10, 2010 to look for a job and with Gods grace all things are possible and to the lord Jesus Christ my saviour.

AMEN.............................

private armies

2009-11-27T18:06:00.007+08:00

Private Armies in Philippine Politics

We from northeren Mindanao condemned the horrendous massacre that happened in maguindanao. the country mourns for the death of those people brutally killed in the incident. we shared the same sentiments of those people who lost their love one's.

politics in the Philippines is getting worst as we move forward.............................

the government should disarm all the Private Armies in our country. because this is where the chaos starts.

CAFGUS should be abolished.

local PNP should be assigned to other places and replaced by a non-resident of the town. so that justice will be serve in every individual.

they forgot who to protect and who to served. because they are being held on the neck by those politicians who's nurturing them.

the AFP should be audited, for there are some men and women in uniform sell government armaments to those leftist and terrorist.

what makes a politician stayed in power is because of money and to rule the entire territory. maguindanao is one of the country's poorest town. as you can see from the videos on television, the house of those politician is as big as the provincial capitol then along on its side's are the house of their poor constituents.

is this the place we want to live in?

to stop this mentally derange lawless minded politician in our country vote wisely this coming 2010 election.

we must learn from our mistake in choosing our leader.

start to choose new candidates with new ideas for the betterment of the community.

god bless our country..........................

Mabuhay ang Pilpinas...

manny "pacman" pacquiao

2009-11-18T10:24:00.008+08:00

the worlds greatest

"pound for pound"

boxer of his time

Manny "pacman" Pacquiao won his seventh title in seventh weight class division by knocking down Miguel Cotto twice. the match that went into the 12th round was completely dominated by pacman.

but what was this issue about a third party?

can Manny "pacman" Pacquiao handled it in 12th rounds?

or he's marriage to madame Jinkee Pacquiao might have a knockdown?

or this is just a gimmick for their upcoming movie Wapakman?

recently there was a rumor that peoples champ Manny Pacquiao has an alleged love affair with sexy young star Krista Ranillo.

veteran actress and director Gina Alajar was evasive when sought for comments on the alleged affair. Gina Alajar was dragged to this issue after she posted a controversial shout out in her facebook wrote: " if i were Jinkee Pacquiao, i would not give up Manny. Krista Ranillo is not at all worth it".

well for the best pound for pound boxer, he rather sealed his lips to this issue...............

but one thing for sure, like mommy Dionisia commented on TV to Jinkee in an interview. said: "Dont get jealous in any controversy about Manny to other women, your the wife and your the one who's handling all the titles".

though, this might be the fall of the greatest legendary boxer............. why???

if this is just another showbiz gimmick for the up coming movie of Manny Pacquiao and leading lady Krista Ranillo in title Wapakman, his doing a deceitful act to gain viewers on the said movie, and perhaps God might take back what he has right now. fame, fortune and most specially his amulet might vanished.

and perhaps on his next fight he will be defeated by Floyd Mayweather jr.

for Manny, you have shown God's grace.

bare in mind the temptation of the dark side that will bring you down.

women
gambling
cheating
deceit

for Manny, God give you a great skill and power and it comes with great responsibilities. set an example to everybody specially to your kids.

you made the Filipino proud and you put the 3 stars in the sun shine once more

everybody knows you came from a broken family. prove and show to the world that your family is in tact and your faith will prevail.

God bless you and your family, God bless our country..........................................................

Mabuhay ang Pilipinas..........................

journey "faithfully"

2009-11-08T19:28:00.003+08:00

"For my wife"

Highway run,
Into the midnight sun,
Wheels go 'round and 'round,
You're on my mind,
Restless hearts,
Sleep alone tonight,
Sendin' all my loveAlong the wire,
They say that the road,
Ain't no place to start a family,
Right down the line,
It's been you and me,
Lovin' a music man,
Ain't all it's supposed to be,
Oh girl, you stand by meI'm forever yours,
Faithfully,
Circus life,
Under the big top world,
We all need the clowns,
To make us smile,
Through space and time,
Always another show,
Wondering where I am,
Lost without you,
And being apart ain't easy,
On this love affair,
Two strangers learn,
To fall in love again,
I get the joy,
Of rediscovering you,
Oh girl, you stand by me,
I'm forever yours,
Faithfully.......

I dedicate this song to my lovely wife SHAN.

wolfgang "natutulog kong mundo"

2009-11-06T13:42:00.003+08:00

"My Song"

At naglaho ang liwanag sa dilim,

Walang ingay ngunit nakakabingi,

Bote ng alak na hindi nabuksan,

Mga sigarilyong ubos na ang apoy,

Kaibigan saan ka na ngayon,

Ako'y naghihintay rito,

Sa pagdating ninyo,

Kaibigan ilang oras ang lumipas na,

At wala pa ang anino ninyo lamang,

Kaibigang tunay ka ba,

Wala na ba ngayon ang samahan natin,

Wala na bang kwento ang tahimik naman dito,

Tumatawag walang sumasagot,

Nagsisisi,

May kasalanan ba ako,

Habang ikaw ay nandito,

Kaibigan...

Tulungan n'yo ako upang,

Magising ang,

Natutulog kong mundo,

kailan magigising ang natutulog kong mundo...............

cranberries "ode to my family"

2009-11-06T13:28:00.005+08:00

"poem to my family"

Understand the things I say,
don't turn away from me,
Cause I spent half my life out there,
You wouldn't disagree,
D'you see me, d'you see,
Do you like me, do you like me standing there,
d'you notice, d'you notice,
do you see me, do you see medoes anyone care?
Unhappiness was when I was young,
And we didn't give a damn,
'Cause we were raised,
To see life as fun and take it if we can,
My mother, my mother she hold me,
did she hold me, when I was out there,
My father, my father, he liked me,
Oh he lied me, does anyone care?
Understand what I've become,
It wasn't my desire,
And people everywhere think,
something better than I am,
But I miss you, I miss,
'Cause I liked it, 'Cause I liked it,
When I was out there,
d'you know this, d'you know,
You did not find me, you did not find,
does anyone care?
Unhappiness was when I was young,
and we didn't give a damn,
'Cause we were raised,
To see life as fun and take it if we can,
My mother, my mother she hold me,
did she hold me, when I was out there,
My father, my father, he lied me,
Damn he lied me, does anyone care?
does anyone care?

I dedicate this song to my wife, my son, and daughter.

radiohead "creep"

2009-11-06T13:15:00.006+08:00

"a Song for my wife"

When you were here before,

Couldn't look you in the eye,

You're just like an angel,

Your skin makes me cry,

You float like a feather,

In a beautiful world,

I wish I was special,

You're so very special,

But I'm a creep,

I'm a weirdo,

What the hell am I doing here?

I don't belong here,

I don't care if it hurts,

I want to have control,

I want a perfect body,

I want a perfect soul,

I want you to notice,

when I'm not around,

You're so very special,

I wish I was special,

But I'm a creep,

I'm a weirdo,

What the hell I'm doing here?

I don't belong here,

She's running out again,

She's running out

She runs runs runs,

Whatever makes you happy,

Whatever you want

You're so very special

I wish I was special

But I'm a creep

I'm a weirdo

What the hell am I doing here?

I don't belong here,

I don't belong here.

I dedicate this song to my wife.......... CREEP by Radiohead..............

God

2009-10-29T16:36:00.004+08:00

"a letter to God"

was there a God? who am i to ask this question, im just an ordinary human being... but in this kind of situation im facing right now, sometimes we ask our self. was there really a god? i had a rough and tumble life, but not miserable in a sense. its just that i have things i cant decide which way to go. all the knowledge i have and the skills are stuck. and i feel, so empty. i'm 35years old but i have'nt achieved any. i was left behind by my classmates and friends. it sounds envious, but i envy no one. all i want is a good life for my family. i think i am a good man, a good friend, a good husband, a good father.

i have a beautiful family, they bring me joy each day i woke up. but i cant provide what is due for them. i dont have a stable job, i rely on my rackets sometimes none. good thing i have a sister who atleast financially support me and my family, without her, i am gone.

perhaps i will lose my sanity or to the extent end my life, but i think of my family. who will take care of them when i am gone, but if i am here i cant take care what is for them..............

the truth is i need a job, or a business, just to have money to support them....................

they say money is the source of all evil. but how can we live without money????

perhaps if it is illegal that will be evil....................................

my prayer:

God i praise your name... please takecare of my family in any harm, in any sickness.........please give me wisdom and courage to face this trials. reach me with your hand, touch me my lord and guide me always.

God i know you listen and i know your a loving god, thats why you gave your son to save the sins of the world. its just that i cant wait, god. i surrender my lord. take my wheel, i give it to you.......sorry if i question your authority. my lord i love you and i know you love me. help me my God.

your son,

chiz escudero

2009-10-28T20:38:00.004+08:00

say chiz...

i just read from yahoo news that senator chiz escudero resigned from his party NPC founded by his friend and business tycoon Danding Cojuangco, Jr.. is it really true or a diversion tactic to gain sympathy from voters?

well for me it was very brave to face challenges alone without the machinery of a party to back him up. though, i still salute the young senator for doing such great move. i hope the Visayans and mindanao should unite, to have a president from the visayas for us not to be left behind by the imperial manila. from Marcos of ilocos, Aquino of tarlac, Ramos of pangasinan, Erap of san juan metro manila lastly arroyo of pampanga.

perhaps senator chiz doesn't want to be under the dark shadow of danding cojuangco nor other parties. he doesnt want to be manipulated under his watch if ever he became the president of the republic.

nevertheless we have 3 presidentiables running in 2010 elections with most likely close to danding cojuangco. senator chiz, senator noynoy and defense secretary gibo are both nephews of Cojuangco..

i hope senator chiz is true when he was making that decision. i think it is better to run alone than to be use by your party mates in order to achieve their own self interest. but you are a fool doing so, without a back up.

well i guess its up to the people now who to vote this 2010 election. be keen in selecting the next president of the country.

choose a candidate with no debt of gratitude to any self interested politician, businessman and even the Trapo's to pay back once he win the presidency.

choose a candidate with a debt of gratitude to the majority, The Filipino People...

god bless our mother Philippines..................

innermotion disco

2009-10-25T18:38:00.006+08:00

InnerMotion Disco

WE WOULD LIKE TO INVITE EVERYBODY TO JOIN THE FUN

INNERMOTION DISCO

EVERY

WEDNESDAY

THURSDAY

FRIDAY

SATURDAY

9:00pm

INNEREMOTION DISCO

ROCKTOBER FEST CELEBRATION

OCTOBER 31,2009
@

9:00pm

with guest band performing live

together with inhouse dj's

TICKETS ARE AVAILABALE AT THE GATE...

for only (100 pesos) drink all you can SMB pale pilsen

dont miss the excitement and party gimmicks to be given away.

Yawsa

Sayaw

cinema movies

2009-10-13T20:47:00.003+08:00

I've seen it already...

Miguel: "you know, Joel, i saw my bestfriend Gary, with my girlfriend yesterday, entering a moviehouse."

Joel: "Really?"

Miguel: "Yes, they were holding hands."

Joel: "Is that so? Well, surely you followed them. am i right?"

Miguel: "Well as a matter of fact, I didn't."

Joel: "But, why?"

Miguel: "Because i already watched that movie they were about to watch!"

homesick

2009-10-13T20:21:00.004+08:00

Just a little bit homesick...

Miguel, a Filipino tourist in the USA went to a hostel,

gave $100usd to the one in-charge and asked for their worst girl available.

"But Sir," said the man, "for that amount, you could have our best?"

"Hey listen you?", Miguel stopped him.

"I'm not Horny, I'm just Homesick!"...

tv channel

2009-10-13T19:19:00.004+08:00

What Channel?

Korina Sanchez a TV broadcaster spends a lot of her time on his field of work.

One day she walks in the house of her future husband Sen. Mar Roxas.

then, the security aide yells excitedly,

"Mr. Senator, here's Madame Korina!"

"Good" said Senator Mar.

"On what Channel?"

detective's report

2009-10-13T18:46:00.006+08:00

Private Eye

Man took a taxi,

Wife took a taxi,

I followed them.

Man entered the room,

Wife entered the room.

I climb up tree.

He finished she,

She finished he.

I finished me,

I fall from the tree.

Pervert...

sign

2009-10-13T18:30:00.004+08:00

Janitors Room

A sign in my high school janitor room read like this:

knocked and you will be opened.

open and you will be knocked.

call of nature

2009-10-13T11:46:00.004+08:00

Men's Room

In your hands you hold the future... dont beat it to death. be gentle.........

ZSNHS melengas dance ensemble

2009-09-26T08:37:00.011+08:00

NATIONAL COMMISSION FOR CULTURE AND THE ARTS

in cooperation with

PROVINCIAL GOVERNMENT OF ZAMBOANGA DEL SUR & ZAMBOANGA DEL SUR NATIONAL HIGH SCHOOL

present

ZSNHS MELENGAS DANCE ENSEMBLE

"YAMAN NG LAHI"

A Showcase of Philippine Folkdances

was held last September 18, 2009 @ ZSHNS Gymnasium, Sta. Maria District, Pagadian City. it so happened that, we are the one who setup the sounds and lights for the said show powered by innermotion disco sounds and lights. i am amazed with the students of ZSHNS for their energetic efforts in promoting Culture and the Arts. Kudos to those kids!!! its not just my first time to watch this kind of show in pagadian city, everytime they have a show its wonderful to watch.

the preparation was so cool and extravagant. though, quite hot that noontime while we had our setup. but its worth it, once you finally watch the show of this great kids performing on stage like a professional theatrical stage artist. the Provincial Government was so supportive, i can see that because everytime i go to pagadian there is something new. Kudos to GOV. CERILLES......

well, there will be no show without the man behind the show. the ZSHNS-MDE, Artistic Director the energetic ODYSSO D. OYALES. a very focused and intelligent person who created that such wonderful show.

kudos Direk................ more power and god bless................

here are some pictures:

Part 1: Buhay sa Dagat and Part 2: Buhay sa Bukid

i hope we had it also here in my hometown. but anyway keep it up guys...

god bless our country...

mabuhay ang pilipinas

mercantile/commercial law negotiable instrument section 190-198 bills of exchange general provisions

2009-09-24T17:09:00.004+08:00

BILLS OF EXCHANGE

XVII. GENERAL PROVISIONS

Section 190. Short title. - This Act shall be known as the Negotiable Instruments Law.
Section 191. Definition and meaning of terms. - In this Act, unless the contract otherwise requires:
"Acceptance" means an acceptance completed by delivery or notification; "Action" includes counterclaim and set-off; "Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not; "Bearer" means the person in possession of a bill or note which is payable to bearer; "Bill" means bill of exchange, and "note" means negotiable promissory note; "Delivery" means transfer of possession, actual or constructive, from one person to another; "Holder" means the payee or indorsee of a bill or note who is in possession of it, or the bearer thereof; "Indorsement" means an indorsement completed by delivery; "Instrument" means negotiable instrument; "Issue" means the first delivery of the instrument, complete in form, to a person who takes it as a holder; "Person" includes a body of persons, whether incorporated or not; "Value" means valuable consideration; "Written" includes printed, and "writing" includes print.
Section 192. Persons primarily liable on instrument. - The person "primarily" liable on an instrument is the person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are "secondarily" liable.
Section 193. Reasonable time, what constitutes. - In determining what is a "reasonable time" regard is to be had to the nature of the instrument, the usage of trade or business with respect to such instruments, and the facts of the particular case.
Section 194. Time, how computed; when last day falls on holiday. - Where the day, or the last day for doing any act herein required or permitted to be done falls on a Sunday or on a holiday, the act may be done on the next succeeding secular or business day.
Section 195. Application of Act. - The provisions of this Act do not apply to negotiable instruments made and delivered prior to the taking effect hereof.
Section 196. Cases not provided for in Act. - Any case not provided for in this Act shall be governed by the provisions of existing legislation or in default thereof, by the rules of the law merchant.
Section 197. Repeals. - All acts and laws and parts thereof inconsistent with this Act are hereby repealed.
Section 198. Time when Act takes effect. - This Act shall take effect ninety days after its publication in the Official Gazette of the Philippine Islands shall have been completed.

Enacted: February 3, 1911

mercantile/commercial law negotiable instrument section 184-189 bills of exchange promissory notes and checks

2009-09-24T16:37:00.005+08:00

BILLS OF EXCHANGE

XVI. PROMISSORY NOTES AND CHECKS:

Section 184. Promissory note, defined. - A negotiable promissory note within the meaning of this Act is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him.
Section 185. Check, defined. - A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this Act applicable to a bill of exchange payable on demand apply to a check.
Section 186. Within what time a check must be presented. - A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Section 187. Certification of check; effect of. - Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance.
Section 188. Effect where the holder of check procures it to be certified. - Where the holder of a check procures it to be accepted or certified, the drawer and all indorsers are discharged from liability thereon.
Section 189. When check operates as an assignment. - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder unless and until it accepts or certifies the check.

mercantile/commercial law negotiable instrument section 178-183 bills of exchange bills in set

2009-09-24T16:22:00.004+08:00

BILLS OF EXCHANGE

XV. BILLS IN SET:

Section 178. Bills in set constitute one bill. - Where a bill is drawn in a set, each part of the set being numbered and containing a reference to the other parts, the whole of the parts constitutes one bill.
Section 179. Right of holders where different parts are negotiated. - Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is, as between such holders, the true owner of the bill. But nothing in this section affects the right of a person who, in due course, accepts or pays the parts first presented to him.
Section 180. Liability of holder who indorses two or more parts of a set to different persons. - Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.
Section 181. Acceptance of bill drawn in sets. - The acceptance may be written on any part and it must be written on one part only. If the drawee accepts more than one part and such accepted parts negotiated to different holders in due course, he is liable on every such part as if it were a separate bill.
Section 182. Payment by acceptor of bills drawn in sets. - When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and the part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon.
Section 183. Effect of discharging one of a set. - Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged by payment or otherwise, the whole bill is discharged.

mercantile/commercial law negotiable instrument section 171-177 bills of exchange payment for honor

2009-09-24T14:44:00.004+08:00

BILLS OF EXCHANGE

XIV. PAYMENT FOR HONOR:

Section 171. Who may make payment for honor. - Where a bill has been protested for non-payment, any person may intervene and pay it supra protest for the honor of any person liable thereon or for the honor of the person for whose account it was drawn.
Section 172. Payment for honor; how made. - The payment for honor supra protest, in order to operate as such and not as a mere voluntary payment, must be attested by a notarial act of honor which may be appended to the protest or form an extension to it.
Section 173. Declaration before payment for honor. - The notarial act of honor must be founded on a declaration made by the payer for honor or by his agent in that behalf declaring his intention to pay the bill for honor and for whose honor he pays.
Section 174. Preference of parties offering to pay for honor. - Where two or more persons offer to pay a bill for the honor of different parties, the person whose payment will discharge most parties to the bill is to be given the preference.
Section 175. Effect on subsequent parties where bill is paid for honor. - Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.
Section 176. Where holder refuses to receive payment supra protest. - Where the holder of a bill refuses to receive payment supra protest, he loses his right of recourse against any party who would have been discharged by such payment.
Section 177. Rights of payer for honor. - The payer for honor, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonor, is entitled to receive both the bill itself and the protest.

mercantile/commercial law negotiable instrument section 161-170 bills of exchange acceptance for honor

2009-09-24T14:16:00.007+08:00

BILLS OF EXCHANGE

XIII. ACCEPTANCE FOR HONOR:

Section 161. When bill may be accepted for honor. - When a bill of exchange has been protested for dishonor by non-acceptance or protested for better security and is not overdue, any person not being a party already liable thereon may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon or for the honor of the person for whose account the bill is drawn. The acceptance for honor may be for part only of the sum for which the bill is drawn; and where there has been an acceptance for honor for one party, there may be a further acceptance by a different person for the honor of another party.
Section 162. Acceptance for honor; how made. - An acceptance for honor supra protest must be in writing and indicate that it is an acceptance for honor and must be signed by the acceptor for honor.
Section 163. When deemed to be an acceptance for honor of the drawer. - Where an acceptance for honor does not expressly state for whose honor it is made, it is deemed to be an acceptance for the honor of the drawer.
Section 164. Liability of the acceptor for honor. - The acceptor for honor is liable to the holder and to all parties to the bill subsequent to the party for whose honor he has accepted.
Section 165. Agreement of acceptor for honor. - The acceptor for honor, by such acceptance, engages that he will, on due presentment, pay the bill according to the terms of his acceptance provided it shall not have been paid by the drawee and provided also that is shall have been duly presented for payment and protested for non-payment and notice of dishonor given to him. Section 166. Maturity of bill payable after sight; accepted for honor. - Where a bill payable after sight is accepted for honor, its maturity is calculated from the date of the noting for non-acceptance and not from the date of the acceptance for honor.
Section 167. Protest of bill accepted for honor, and so forth. - Where a dishonored bill has been accepted for honor supra protest or contains a referee in case of need, it must be protested for non-payment before it is presented for payment to the acceptor for honor or referee in case of need.
Section 168. Presentment for payment to acceptor for honor, how made. - Presentment for payment to the acceptor for honor must be made as follows:
(a) If it is to be presented in the place where the protest for non-payment was made, it must be presented not later than the day following its maturity. (b) If it is to be presented in some other place than the place where it was protested, then it must be forwarded within the time specified in Section one hundred and four.
Section 169. When delay in making presentment is excused. - The provisions of Section eighty-one apply where there is delay in making presentment to the acceptor for honor or referee in case of need.
Section 170. Dishonor of bill by acceptor for honor. - When the bill is dishonored by the acceptor for honor, it must be protested for non-payment by him.

mercantile/commercial law negotiable instrument section 152-160 bills of exchange protest

2009-09-24T14:06:00.005+08:00

BILLS OF EXCHANGE

XII. PROTEST

Section 152. In what cases protest necessary. - Where a foreign bill appearing on its face to be such is dishonored by nonacceptance, it must be duly protested for nonacceptance, by nonacceptance is dishonored and where such a bill which has not previously been dishonored by nonpayment, it must be duly protested for nonpayment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary.
Section 153. Protest; how made. - The protest must be annexed to the bill or must contain a copy thereof, and must be under the hand and seal of the notary making it and must specify:
(a) The time and place of presentment; (b) The fact that presentment was made and the manner thereof; (c) The cause or reason for protesting the bill; (d) The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.
Section 154. Protest, by whom made. - Protest may be made by:
(a) A notary public; or (b) By any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses.
Section 155. Protest; when to be made. - When a bill is protested, such protest must be made on the day of its dishonor unless delay is excused as herein provided. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting.
Section 156. Protest; where made. - A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business or residence of some person other than the drawee has been dishonored by nonacceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary.
Section 157. Protest both for non-acceptance and non-payment. - A bill which has been protested for non-acceptance may be subsequently protested for non-payment.
Section 158. Protest before maturity where acceptor insolvent. - Where the acceptor has been adjudged a bankrupt or an insolvent or has made an assignment for the benefit of creditors before the bill matures, the holder may cause the bill to be protested for better security against the drawer and indorsers.
Section 159. When protest dispensed with. - Protest is dispensed with by any circumstances which would dispense with notice of dishonor. Delay in noting or protesting is excused when delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, the bill must be noted or protested with reasonable diligence.
Section 160. Protest where bill is lost and so forth. - When a bill is lost or destroyed or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof.

mercantile/commercial law negotiable instrument section 143-151 bills of exchange presentment for acceptance

2009-09-24T13:32:00.007+08:00

BILLS OF EXCHANGE

XI. PRESENTMENT FOR ACCEPTANCE:

Section 143. When presentment for acceptance must be made. - Presentment for acceptance must be made:
(a) Where the bill is payable after sight, or in any other case, where presentment for acceptance is necessary in order to fix the maturity of the instrument; or (b) Where the bill expressly stipulates that it shall be presented for acceptance; or (c) Where the bill is drawn payable elsewhere than at the residence or place of business of the drawee.
In no other case is presentment for acceptance necessary in order to render any party to the bill liable.
Section 144. When failure to present releases drawer and indorser. - Except as herein otherwise provided, the holder of a bill which is required by the next preceding section to be presented for acceptance must either present it for acceptance or negotiate it within a reasonable time. If he fails to do so, the drawer and all indorsers are discharged.
Section 145. Presentment; how made. - Presentment for acceptance must be made by or on behalf of the holder at a reasonable hour, on a business day and before the bill is overdue, to the drawee or some person authorized to accept or refuse acceptance on his behalf; and
(a) Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all unless one has authority to accept or refuse acceptance for all, in which case presentment may be made to him only; (b) Where the drawee is dead, presentment may be made to his personal representative; (c) Where the drawee has been adjudged a bankrupt or an insolvent or has made an assignment for the benefit of creditors, presentment may be made to him or to his trustee or assignee.
Section 146. On what days presentment may be made. - A bill may be presented for acceptance on any day on which negotiable instruments may be presented for payment under the provisions of Sections seventy-two and eighty-five of this Act. When Saturday is not otherwise a holiday, presentment for acceptance may be made before twelve o'clock noon on that day.
Section 147. Presentment where time is insufficient. - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has no time, with the exercise of reasonable diligence, to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused and does not discharge the drawers and indorsers.
Section 148. Where presentment is excused. - Presentment for acceptance is excused and a bill may be treated as dishonored by non-acceptance in either of the following cases:
(a) Where the drawee is dead, or has absconded, or is a fictitious person or a person not having capacity to contract by bill. (b) Where, after the exercise of reasonable diligence, presentment can not be made. (c) Where, although presentment has been irregular, acceptance has been refused on some other ground.
Section 149. When dishonored by nonacceptance. - A bill is dishonored by non-acceptance:
(a) When it is duly presented for acceptance and such an acceptance as is prescribed by this Act is refused or can not be obtained; or (b) When presentment for acceptance is excused and the bill is not accepted.
Section 150. Duty of holder where bill not accepted. - Where a bill is duly presented for acceptance and is not accepted within the prescribed time, the person presenting it must treat the bill as dishonored by nonacceptance or he loses the right of recourse against the drawer and indorsers.
Section 151. Rights of holder where bill not accepted. - When a bill is dishonored by nonacceptance, an immediate right of recourse against the drawer and indorsers accrues to the holder and no presentment for payment is necessary.

mercantile/commercial law negotiable instrument section 132-142 bills of exchange acceptance

2009-09-24T13:13:00.006+08:00

BILLS OF EXCHANGE

X. ACCEPTANCE:

Section 132. Acceptance; how made, by and so forth. - The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money.
Section 133. Holder entitled to acceptance on face of bill. - The holder of a bill presenting the same for acceptance may require that the acceptance be written on the bill, and, if such request is refused, may treat the bill as dishonored.
Section 134. Acceptance by separate instrument. - Where an acceptance is written on a paper other than the bill itself, it does not bind the acceptor except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value.
Section 135. Promise to accept; when equivalent to acceptance. - An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who, upon the faith thereof, receives the bill for value.
Section 136. Time allowed drawee to accept. - The drawee is allowed twenty-four hours after presentment in which to decide whether or not he will accept the bill; the acceptance, if given, dates as of the day of presentation.
Section 137. Liability of drawee returning or destroying bill. - Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery or within such other period as the holder may allow, to return the bill accepted or non-accepted to the holder, he will be deemed to have accepted the same.
Section 138. Acceptance of incomplete bill. - A bill may be accepted before it has been signed by the drawer, or while otherwise incomplete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by non payment. But when a bill payable after sight is dishonored by non-acceptance and the drawee subsequently accepts it, the holder, in the absence of any different agreement, is entitled to have the bill accepted as of the date of the first presentment.
Section 139. Kinds of acceptance. - An acceptance is either general or qualified. A general acceptance assents without qualification to the order of the drawer. A qualified acceptance in express terms varies the effect of the bill as drawn.
Section 140. What constitutes a general acceptance. - An acceptance to pay at a particular place is a general acceptance unless it expressly states that the bill is to be paid there only and not elsewhere.
Section 141. Qualified acceptance. - An acceptance is qualified which is:
(a) Conditional; that is to say, which makes payment by the acceptor dependent on the fulfillment of a condition therein stated; (b) Partial; that is to say, an acceptance to pay part only of the amount for which the bill is drawn; (c) Local; that is to say, an acceptance to pay only at a particular place; (d) Qualified as to time; (e) The acceptance of some, one or more of the drawees but not of all.
Section 142. Rights of parties as to qualified acceptance. - The holder may refuse to take a qualified acceptance and if he does not obtain an unqualified acceptance, he may treat the bill as dishonored by non-acceptance. Where a qualified acceptance is taken, the drawer and indorsers are discharged from liability on the bill unless they have expressly or impliedly authorized the holder to take a qualified acceptance, or subsequently assent thereto. When the drawer or an indorser receives notice of a qualified acceptance, he must, within a reasonable time, express his dissent to the holder or he will be deemed to have assented thereto.