MANUFACTURERS HANOVER TRUST v. GUERRERO 1.

A genuine issue means an issue of fact which calls for the presentation of
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:
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
FACTS: partial summary judgment and the Walden affidavit just because he failed to file
1. Respondent Guerrero filed a complaint for damages against petitioner Bank for an opposing affidavit. The Bank still had the burden of proving New York law
allegedly: (a) illegally withheld taxes charged against interests on his checking and jurisprudence even if Guerrero did not present an opposing affidavit.
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 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.