PECO V. SORIANO
39 SCRA 587
FACTS:
Montinola purchased money orders from the postal office. He issued a personal check to pay for the money orders and since it is irregular to have checks as payments, he was advised to see the Chief of the Money Order Division. He didn’t do so but left the office with the money orders and the check. A notice was thereafter issued to all post offices as well as the Bank of America, about the irregularly issued money orders and the order not to accept such orders.
Plaintiff was one of those who received the subject money orders and encashed it with the Bank of America. At first, it was given the money but later on, his account was debited in pursuance of the letter given by the Chief.
HELD:
Postal money orders are not negotiable instruments. In establishing and operating a postal money order system, the government is not engaged in commercial transactions but merely exercises a governmental power for the public benefit. Moreover, some restrictions imposed money orders by
postal laws and regulations are inconsistent with the character of negotiable instruments.