MANUFACTURERS HANOVER TRUST CO. v. GUERREROG.R. No. 136804 February 19, 2003

FACTSThe petition alleged the following:

- On May 17, 1994, respondent Rafael Ma. Guerrero fled before the Regional Trial Court of Mania against Manufacturers Hanover Trust Co. and/or Chemical Bank

- Guerrero sought payment of damages allegedly for (1) illegally withheld taxed charged against interests on his checking account with the Bank, (2) a returned check worth $18,000.00 due to signature verification problems; and (3) unauthorized conversion of his account.

- The bank filed its Answer alleging that Guerrero’s account is governed by New York law which does not permit any Guerrero’s claims except actual damages.

- Seeking the dismissal of Guerrero’s claims, the Bank filed a Motion for Partial Summary Judgment, supported by an affidavit of New York attorney Alyssa Walden.

- The RTC denied the Bank’s Motion for Partial Summary Judgment.- The Court of Appeals also dismissed the petition for certiorari and prohibition

assailing the RTC Orders

ISSUEWhether the Walden affidavit does serve as proof of the New York law and jurisprudence

HELDThe Walden affidavit stated conclusions from the affiant’s personal interpretation and opinion of the facts of the case vis-à-vis, the alleged laws and jurisprudence without citing any laws in particular. While the attached copies of some US court decisions do not comply with Section 24 of Rule 132 on proof of official records or decisions of foreign courts. Thus, the Walden affidavit did not prove the current state of New York law and jurisprudence.

Hence, the petition is denied for lack of merit and Court of Appeal’s decision is affirmed.