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Partial Claim Promissory Note for Philippines

Partial Claim Promissory Note Template for Philippines

A Partial Claim Promissory Note is a formal financial instrument used under Philippine law, particularly governed by the Negotiable Instruments Law (Act No. 2031) and the Civil Code of the Philippines. This document represents a written promise to pay a specific portion of a larger debt obligation, clearly outlining the terms, conditions, and payment schedule for the partial amount. It includes essential elements such as the parties' details, the specific sum to be paid, payment terms, and references to the original obligation. The document must comply with Philippine legal requirements for negotiable instruments while specifically addressing the partial nature of the claim.

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What is a Partial Claim Promissory Note?

A Partial Claim Promissory Note is commonly used in the Philippines when a debtor and creditor agree to separate a larger obligation into smaller, more manageable portions. This document type is particularly useful in debt restructuring, settlement agreements, or when parties wish to isolate and transfer specific portions of a larger debt. The note must comply with Philippine law, particularly the Negotiable Instruments Law (Act No. 2031), and includes crucial details such as the amount, payment terms, interest rates, and relationship to the original obligation. It serves as a legally binding commitment to pay a specific portion of the debt while maintaining clear references to the original obligation. This instrument is frequently used in commercial transactions, particularly in situations involving debt reorganization, partial settlements, or when creating separately transferable debt instruments.

What sections should be included in a Partial Claim Promissory Note?

1. Date and Place of Execution: Specific date and location where the promissory note is executed

2. Parties: Identification of the maker (promisor) and payee (promisee) with complete names and addresses

3. Promise to Pay: Unconditional promise to pay a specific sum, clearly stating this is a partial claim of a larger obligation

4. Original Obligation Reference: Details of the original obligation from which this partial claim derives

5. Payment Terms: Specific amount, currency, interest rate, payment schedule, and method of payment

6. Default Provisions: Consequences of default and acceleration clauses

7. Signatures: Execution block for all parties

What sections are optional to include in a Partial Claim Promissory Note?

1. Security Provisions: Include when the note is secured by collateral or guarantees

2. Assignment Clause: Include when the note needs to be transferable or negotiable

3. Prepayment Terms: Include when early payment options are allowed

4. Relationship to Other Claims: Include when there are multiple partial claims on the same original obligation

5. Attorney's Fees: Include when recovery of legal fees in case of enforcement is desired

What schedules should be included in a Partial Claim Promissory Note?

1. Payment Schedule: Detailed breakdown of payment dates and amounts if installment payments are involved

2. Original Obligation Document: Copy or extract of the original obligation document from which the partial claim derives

3. Collateral Details: If secured, detailed description of the security or collateral

4. Related Partial Claims: List of other partial claims if the original obligation has been split among multiple notes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions




















Clauses


















Relevant Industries

Banking and Financial Services

Real Estate

Construction

Manufacturing

Retail

Wholesale Trade

Professional Services

Healthcare

Agriculture

Mining and Resources

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Accounts Payable

Risk Management

Compliance

Corporate Secretariat

Collections

Relevant Roles

Chief Financial Officer

Finance Manager

Treasury Manager

Credit Manager

Legal Counsel

Corporate Secretary

Accounts Receivable Manager

Accounts Payable Manager

Risk Manager

Collections Manager

Financial Controller

Business Development Manager

Compliance Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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