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Dela Victoria Vs Burgos (Digest)

The Supreme Court ruled in favor of De La Victoria, holding that the paychecks of a public officer had not been delivered and were still considered public funds. Under the Negotiable Instruments Law, a negotiable instrument like a paycheck is not complete until delivered by the maker or drawer to the payee with the intent of transferring title. As the paychecks of the fiscal had not yet been delivered to him, they remained part of public funds and could not be subject to garnishment to satisfy a damages award against the fiscal.

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216 views

Dela Victoria Vs Burgos (Digest)

The Supreme Court ruled in favor of De La Victoria, holding that the paychecks of a public officer had not been delivered and were still considered public funds. Under the Negotiable Instruments Law, a negotiable instrument like a paycheck is not complete until delivered by the maker or drawer to the payee with the intent of transferring title. As the paychecks of the fiscal had not yet been delivered to him, they remained part of public funds and could not be subject to garnishment to satisfy a damages award against the fiscal.

Uploaded by

Glorious El Domine
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Dela Victoria vs Burgos

245 SCRA 374 Mercantile Law Negotiable Instruments Law Delivery of Negotiable
Instruments Paychecks of Public Officers

FACTS:
Raul Sebreo filed a complaint for damages against Fiscal Bienvenido Mabanto Jr. of Cebu
City. Sebreo won and he was awarded the payment of damages. Judge Burgos ordered
De La Victoria, custodian of the paychecks of Mabanto, to hold the checks and convey them
to Sebreo instead. De La Victoria assailed the order as he said that the paychecks and the
amount thereon are not yet the property of Mabanto because they are not yet delivered to
him; that since there is no delivery of the checks to Mabanto, the checks are still part of the
public funds; and the checks due to the foregoing cannot be the proper subject of
garnishment.

ISSUE: Whether or not De La Victoria is correct.

HELD: Yes. Under Section 16 of the Negotiable Instruments Law, every contract on a
negotiable instrument is incomplete and revocable until delivery of the instrument for the
purpose of giving effect thereto. As ordinarily understood, delivery means the transfer of the
possession of the instrument by the maker or drawer with intent to transfer title to the payee
and recognize him as the holder thereof.

Negotiable Instruments Law


Case Digest
Glorio Ortega Dumandan, Jr.

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