[G.R. No. 136804. February 19, 2003]

MAN
MANUFACTURERS A ANN!"
!"EER TRUST C!. a# a#$%
$%or
or C
CEM
EM&C
&CAA'
(AN), petitioners,
(AN), petitioners, vs. 
vs. RAFAE' MA. GUERRER!,respondent 
GUERRER!,respondent .
(facts:

Guerrero led a case in the RTC against Manufacturers Hanover Bank for damages
due to, among other things, unauthorized conversion of his account Bank alleges
in defense that !e" #ork la" governs the contract $et"een Guerrero and the Bank,
incor%orating the a&davit of a !e" #ork 'ttorne as to the la" ()alden a&davit*,
and that the trial should $e limited to the issue of actual damages Guerrero
o%%osed the motion Bank moves for %artial summar +udgment RTC denied $anks
motion for %artial summar +udgment Motion for reconsideration
reconsideration denied C'
dismissed $anks %etition and motion for reconsideration C' ruled that the )alden

a&davit does not su&cientl %rove the !e" #ork la"

-..

/ssue: "ill the summar +udgment %ros%er0

1C Ruling:

!o

There can be no summary judgment where questions of fact are in issue or where
material allegations of the pleadings are in dispute

Xxx

/ssue: /s the )alden a&davit com%etent evidence to make the !e" #ork la"
a%%lica$le in this case0

1C Ruling:

!o Forei
Foreign
gn laws are not a matter judicial notice.[9] i!e any other fact" they must
matter of judicial
be alleged and pro#en.$ertainly" the conflicting allegations as to whether %ew &or! law
or 'hilip
'hilippin
pine
e law applies
applies to (uerrer
(uerreros
os claims
claims present
present a clear
clear disput
dispute
e on materi
material
al
allegations which can be resol#ed only by a trial on the merits.
)nder *ection +, of -ule /+" the record of public documents of a so#ereign
authority or tribunal may be pro#ed by 01 an official publicationthereof
publicationthereof or 0+1 a copy 
 

attested by the officer

attested officer having the legal custody thereof . *uch official publication or 
copy must be accompanied" if the record is not !ept in the 'hilippines" with a certificate
that the attesting officer has the legal custody thereof. The certificate may be issued by
any of the authori2ed 'hilippine embassy or consular officials stationed in the foreign
country in which the record is !ept" and authenticated by the seal of his office. The
attestation must state" in substance" that the copy is a correct copy of the original" or a
specific part thereof" as the case may be" and must be under the official seal of the
attesting officer.

The 3alden affida#it states conclusions from the affiants personal interpretation and
opinion of the facts of the case vis a vis the alleged laws and jurisprudence without
citing any law in particular. The citations in the 3alden affida#it of #arious ).*. court
deci
de cisi
sion
onss do not
not const
constit
itut
ute
e pr
proo
ooff of the
the offi
offici
cial
al record
records
s or decis
decisio
ions
ns of the
the ).
).*.
*.
courts. 3hile the 4an! attached copies of some of the ).*. court decisions cited in the
3alden affida#it" these copies do not comply with *ection +, of -ule /+ on proof of 
official records or decisions of foreign courts.
(uerrero cannot be said to ha#e admitted the a#erments in the 4an!s motion for partial
summary judgment and the 3alden affida#it just because he failed to file an opposing
affida#it. (uerrero opposed the motion for partial summary judgment" although he did
not present an opposing affida#it.(uerrero may not ha#e presented an opposing
affida#it" as there was no need for one" because the 3alden affida#it did not establish
what the 4an! intended to pro#e. $ertainly" (uerrero did not admit" expressly or
impliedly" the #eracity of
o f the statements in the 3alden affida#it

There
There bein
being
g susubs
bstatant
ntia
iall tria
triabl
ble
e issu
issues
es betw
betwee
eenn the
the part
partie
ies"
s" the
the cour
courts
ts a
quo correctly denied the 4an!s motion for partial summary judgment.There is a need to
determine by presentation of e#idence in a regular trial if the 4an! is guilty of any
wrongdoing and if it is liable for damages under the applicable laws.
*EREF!RE, the
*EREF!RE,  the petition is 56%765 for lac! of merit. The 5ecision dated 8ugust
+," 99 and the -esolution dated 5ecember ," 99 of the $ourt of 8ppeals in $8:
(.-. *' %o. ,+/; is 8FF7-<65.