MANUFACTURERS HANOVER TRUST v.

GUERRERO
February 19, 2003 | Carpio, J. | Petition for Review under Rule 45| Judicial Notice

ISSUE: WoN there are genuine issues of fact that necessitate formal trialYES.

PETITIONER: Manufacturers Hanover Trust Co., and/or Chemical Bank

RESPONDENT: Rafael Ma. Guerrero

RULING: Petition DENIED. There being substanstial triable issues, motion for
partial summary judgment is denied.

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 Guerreros 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.

RATIO:
1. A genuine issue means an issue of fact which callsfor the presentation of
evidenceasdistinguishedfromanissuewhichis fictitious or contrived soas
nottoconstituteagenuineissuefortrial. Waldenaffidavitshowsthatthe
factsandmaterialallegationsaspleadedbythepartiesaredisputedand
therearesubstantialtriableissuesnecessitatingaformaltrial. Resolution
of whether a foreign law allows only the recovery of actual damages is a
questionoffactasfarasthetrialcourtisconcernedsinceforeignlawsdonot
provethemselvesinourcourts.

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 Guerreros 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.

4.

The affidavit of Alyssa Walden, a New York attorney, supported the Banks
claim that Guerreros 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.
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

Foreignlawsarenotamatterofjudicialnotice. Likeanyotherfact,they
mustbeallegedandproven. TheconflictingallegationsastowhetherNew
YorklaworPhilippinelawappliestoGuerrerosclaimspresentacleardispute
onmaterialallegationswhichcanberesolvedonlybyatrialonthemerits.The
WaldenaffidavitcannotbeconsideredasproofofNewYorklawondamages
notonlybecauseitisselfservingbutalsobecauseitdoesnotstatethespecific
NewYorklawondamages.
GuerrerocannotbesaidtohaveadmittedtheavermentsintheBanksmotion
forpartialsummaryjudgmentandtheWaldenaffidavitjustbecausehefailedto
fileanopposingaffidavit.TheBankstillhadtheburdenofprovingNewYork
lawandjurisprudenceevenifGuerrerodidnotpresentanopposingaffidavit.

1 SEC.24.Proofofofficialrecord.Therecordofpublicdocumentsreferredtoin
paragraph(a)ofSection19,whenadmissibleforanypurpose,maybeevidencedby
anofficialpublicationthereoforbyacopyattestedbytheofficerhavingthelegal
custodyoftherecord,orbyhisdeputy,andaccompanied,iftherecordisnotkeptin
thePhilippines,withacertificatethatsuchofficerhasthecustody.Iftheofficein
whichtherecordiskeptisinaforeigncountry,thecertificatemaybemadebya
secretaryoftheembassyorlegation,consulgeneral,consul,viceconsul,orconsular
agentorbyanyofficerintheforeignserviceofthePhilippinesstationedinthe
foreigncountryinwhichtherecordiskept,andauthenticatedbythesealofhis

office.