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Delay in making presentment of negotiable instruments

Sec. 81. When delay in making presentment is excused. - Delay in making presentment for payment is excused when the 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, presentment must be made with reasonable diligence.

EXCUSES FOR DELAY

•      Overwhelming calamity, malignant diseases, interruption of trade
negotiations by political circumstances, etc.

Sec. 82. When presentment for payment is excused. - Presentment for payment is excused:

      (a)   Where,   after   the   exercise   of   reasonable   diligence, presentment, as required by this Act, cannot be made;
      (b) Where the drawee is a fictitious person;
      (c) By waiver of presentment, express or implied.

APPLICATION OF SECTION 82

• What is excused is failure to make presentment for payment and not mere delay

WAIVER MAY BE EXPRESS OR IMPLIED

IMPLIED WAIVER

• Implied waiver of presentment may be manifested by any language or conduct or any agreement between the parties reasonably calculated to lead the holder to believe that presentment is waived or to mislead or prevent him from treating the bill as he otherwise would

SUMMARY OF RULES AS TO PRESENTMENT FOR PAYMENT

1.    Presentment for payment is not necessary to charge persons primarily liable
2.    But it is necessary to charge a person secondarily liable except
a.    As to drawer, under Section 79
b.    As to indorser, under Section 80
c.     When dispensed with under Section 82
d.     When the instrument has been dishonored by non-acceptance