I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Let's go back to negotiable instruments. Every holder of a negotiable instrument is prima facie considered to be a holder in due course and only real defenses are available against them. The following are the characteristics of a holder in due course:
1.) The instrument is taken as complete and regular on its face
2.) He became its holder before the instrument became overdue and without notice that it was previously dishonored (if there was a dishonor)
3.) The instrument was taken in good faith and for value
4.) When it was negotiated to him, he had not notice of an infirmity in the instrument or a defect in the title of the person who negotiated it.
In the absence of these characteristics, he becomes a holder for value and can raise neither real nor personal defenses.
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