Tuesday, June 13

Section 23. Forged signature; effect thereof

When a signature is forged
or made without the authority
of the person whose signature it purports to be

It is wholly inoperative

And no right to retain the instrument
or to give a discharge therefor
or to enforce payment against any party

Can be acquired through or under
such signature.

Unless

the party against whom
it is sought to enforce such right
is precluded from setting up the forgery
or want of authority.

(My memorization technique: Treat the Law like Poetry ;)

7 comments:

markmomukhamo said...

lol. nice.

carrie said...

Hahah yea, effective too!

ceso said...

hi carrie. bouncing from blog to blog brought me to yours.

Nego has got to be the most hated subject for me. The word conjures memories of the time my prof JJ Disini told me "sasakalin na kita eh" when I insisted on reciting a case despite the fact that I was already mixing up the facts. hay, those days were good :(

carrie said...

Cecille!!! Terrific to hear from you. And weird, actually, since I've been meaning to text you all week! Was at UA&P some days ago (on a sort of 'UA&P reacquaintance tour'--I was there to sign a contract for editing the SECpubs again) and I got your cell no off Cheer Mae. Was supposed to SMS you just to say helloow but you beat me to it!

I hate Nego too! Wish we had a better prof. He insists on using this textbook by Agbayani, which really gives me a headache. Is there a better Nego book in existence? Is De Leon's book any good? Aquino's? Help!

ceso said...

There's a book by Pasimio. Not really that scholarly kasi he's more of a CPA than a lawyer pero 'Nego for dummies' talaga ang approach niya. As in complete with illustrations pag e.g. incomplete and undelivered, undated, blah blah. It saved my neck sa finals :)

pinakaayaw ko nego kasi why oh why will you accept something that's already been endorsed by 10 people? it just doesn't make sense! It will really help you pag naggawa ka ng flowchart for each case.

Good luck!

ceso said...

Nga pala, Nani Perez' Nego Reviewer is okay too. manipis lang. may Q and A na based on actual cases.

carrie said...

OK berigud! Will definitely look up Pasimio's and Perez's books. (I have Nego tonight, btw. Sec 24 pa lang kami--presumption of consideration... nyaar) Thanks!