Manufacturers Hanover Trust v Guerrero
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MANUFACTURERS HANOVER TRUST v. GUERRERO February 19, 2003 | Carpio, J. | Petition for Review under Rule 45| Judicial Notice PETITIONER: Manufacturers Hanover Trust Co., and/or Chemical Bank RESPONDENT: Rafael Ma. Guerrero SUMMARY: Respondent Guerrero filed a complaint for damages against petitioner Bank regarding his bank account. The Bank claimed that his account is governed by New York law which does not permit any claim except actual damages. The Bank moved for a partial summary judgment which was supported by an affidavit by a NY Atty. claiming that the governing law is New York law as stipulated by Guerrero’s bank account. SC ruled that there is a need for a trial as the Walden affidavit shows that the facts and allegations were disputed. Foreign laws are not a matter of judicial notice and must be alleged and proven. DOCTRINE: FACTS: 1. Respondent Guerrero filed a complaint for damages against petitioner Bank for allegedly: (a) illegally withheld taxes charged against interests on his checking account with the Bank; (b) a returned check worth USS18,000.99 due to signature verification problems; and (c) unauthorized conversion of his account. 2. The Bank claimed that by stipulation Guerrero’s account is governed by New York and this law does not permit any claim except actual damages. The Bank filed a Motion for Partial Summary Judgment seeking to dismiss the claims for consequential, nominal, temperate, moral and exemplary damages. 3. The affidavit of Alyssa Walden, a New York attorney, supported the Bank’s claim that Guerrero’s bank account stipulated that the governing law is New York law and that this law bars all of the claims except actual damages. The Philippine Consular Office in NY authenticated the Walden affidavit. 4. CA: Even if the Walden affidavit is used for purpose of summary judgment, the Bank must still comply with the procedure prescribed by the Rule 132, Sec. 24 1 ISSUE: WoN there are genuine issues of fact that necessitate formal trial—YES. RULING: Petition DENIED. There being substanstial triable issues, motion for partial summary judgment is denied. RATIO: 1. A genuine issue means an issue of fact which calls for the presentation of evidence as distinguished from an issue which is fictitious or contrived so as not to constitute a genuine issue for trial. Walden affidavit shows that the facts and material allegations as pleaded by the parties are disputed and there are substantial triable issues necessitating a formal trial. Resolution of whether a 1 SEC. 24. Proof of official record. The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.
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Transcript of Manufacturers Hanover Trust v Guerrero
MANUFACTURERS HANOVER TRUST v. GUERREROFebruary 19, 2003 | Carpio, J. | Petition for Review under Rule 45| Judicial Notice
PETITIONER: Manufacturers Hanover Trust Co., and/or Chemical BankRESPONDENT: Rafael Ma. Guerrero
SUMMARY: Respondent Guerrero filed a complaint for damages against petitioner Bank regarding his bank account. The Bank claimed that his account is governed by New York law which does not permit any claim except actual damages. The Bank moved for a partial summary judgment which was supported by an affidavit by a NY Atty. claiming that the governing law is New York law as stipulated by Guerrero’s bank account. SC ruled that there is a need for a trial as the Walden affidavit shows that the facts and allegations were disputed. Foreign laws are not a matter of judicial notice and must be alleged and proven.
DOCTRINE:
FACTS:1. Respondent Guerrero filed a complaint for damages against petitioner Bank for
allegedly: (a) illegally withheld taxes charged against interests on his checking account with the Bank; (b) a returned check worth USS18,000.99 due to signature verification problems; and (c) unauthorized conversion of his account.
2. The Bank claimed that by stipulation Guerrero’s account is governed by New York and this law does not permit any claim except actual damages. The Bank filed a Motion for Partial Summary Judgment seeking to dismiss the claims for consequential, nominal, temperate, moral and exemplary damages.
3. The affidavit of Alyssa Walden, a New York attorney, supported the Bank’s claim that Guerrero’s bank account stipulated that the governing law is New York law and that this law bars all of the claims except actual damages. The Philippine Consular Office in NY authenticated the Walden affidavit.
4. CA: Even if the Walden affidavit is used for purpose of summary judgment, the Bank must still comply with the procedure prescribed by the Rule 132, Sec. 241
ISSUE: WoN there are genuine issues of fact that necessitate formal trial—YES.
1 SEC. 24. Proof of official record. The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.
RULING: Petition DENIED. There being substanstial triable issues, motion for partial summary judgment is denied.
RATIO:1. A genuine issue means an issue of fact which calls for the presentation of
evidence as distinguished from an issue which is fictitious or contrived so as not to constitute a genuine issue for trial. Walden affidavit shows that the facts and material allegations as pleaded by the parties are disputed and there are substantial triable issues necessitating a formal trial. Resolution of whether a foreign law allows only the recovery of actual damages is a question of fact as far as the trial court is concerned since foreign laws do not prove themselves in our courts.
Foreign laws are not a matter of judicial notice. Like any other fact, they must be alleged and proven. The conflicting allegations as to whether New York law or Philippine law applies to Guerreros claims present a clear dispute on material allegations which can be resolved only by a trial on the merits. The Walden affidavit cannot be considered as proof of New York law on damages not only because it is self-serving but also because it does not state the specific New York law on damages.
Guerrero cannot be said to have admitted the averments in the Banks motion for partial summary judgment and the Walden affidavit just because he failed to file an opposing affidavit. The Bank still had the burden of proving New York law and jurisprudence even if Guerrero did not present an opposing affidavit.
