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Manufacturers Hanover Trust Co. v.

G.R. No. 136804
• Guerrero filed a Complaint for Damages against the Bank
• (1) illegally withheld taxes charged against interests on his
checking account with the Bank;
• (2) a returned check worth US$18,000.00 due to signature
verification problems; and
• (3) unauthorized conversion of his account

• The Bank
• “Guerrero's account is governed by New York law and this law
does not permit any of Guerrero's claims except actual
damages “
• Filed a Motion for Partial Summary Judgment seeking
dismissal of respondents claims for consequential, nominal,
temperate, moral and exemplary damages as well as
attorney's fees
• Provided an Affidavit by Atty Walden, a NY Atty. to support
the above motion
ISSUE: W/N the Walden affidavit can serve as proof of the
New York law

• No. Foreign laws are not a matter of judicial notice. Like
any other fact, they must be alleged and proven
• Section 24 of Rule 132
• by (1) an official publication thereof or
• (2) a copy attested by the officer having the legal
custody thereof.
• Exception of Attorneys testifying in open court does not
• Citations in the Walden affidavit of various U.S. court
decisions do not constitute proof of the official records or
decisions of the U.S. courts
Crescent Petroleum Ltd. v. M/V "Lok Maheshwari",
G.R. No. 155014
• M/V "Lok Maheshwari" (Vessel) is an oceangoing vessel of
Indian registry that is owned by respondent Shipping
Corporation of India.
• It was chartered to Halla (South Korea)  Transmar
(Canadian)  Port Serv (Canadian)
• Portserv requested Crescent to deliver Bunker Fuels.
• Marinebulk delivered, Crescent Paid and billed Portserv.
• Portserv failed to pay despite demand.
• The Vessel docked in Cebu, Cresent instituted an action for
collection and enforcement of a maritime lien.
• RTC Ruled in favor of the Petitioner
• The CA reversed the decision of the RTC
ISSUE: W/N Philippine courts have jurisdiction over the foreign
vessel found inside Philippine waters for the enforcement of
a maritime lien against said vessel and/or its owners and
HELD: operators
• SC affirmed the decision of the CA
• Applied the Lauritzen test; factors considered
• (1) place of the wrongful act;
• (2) law of the flag;
• (3) allegiance or domicile of the injured;
• (4) allegiance of the defendant shipowner;
• (5) place of contract;
• (6) inaccessibility of foreign forum; and
• (7) law of the forum
• -- Out of the seven basic factors listed in the case of Lauritzen,
Philippine law only falls under one
• It is well-settled that a party whose cause of action or defense depends upon
a foreign law has the burden of proving the foreign law
• By erroneously claiming a maritime lien under Philippine law instead of
proving that a maritime lien exists under Canadian law, petitioner Crescent
failed to establish a cause of action.
EDI-Staffbuilders International, Inc. v. National
Labor Relations Commission, G.R. No. 145587

• Private respondent Gran was an OFW recruited by EDI,
and deployed by ESI to work for OAB, in Riyadh,
Kingdom of Saudi Arabia.
• After Gran had been working for about five months for
OAB, his employment was terminated
• After his arrival in the Philippines, Gran instituted a
complaint, on July 21, 1994, against ESI/EDI, OAB with
the NLRC, National Capital Region, Quezon City for
underpayment of wages/salaries and illegal dismissal
ISSUE: W/N Philippine laws should govern the matters
not stated in the employment contract

• Yes. the employment contract signed by Gran specifically states
that Saudi Labor Laws will govern matters not provided for in
• Being the law intended by the parties (lex loci intentiones) to
apply to the contract, Saudi Labor Laws should govern all
matters relating to the termination of the employment of
• In international law, the party who wants to have a foreign law
applied to a dispute or case has the burden of proving the
foreign law.
• The foreign law is treated as a question of fact to be properly
pleaded and proved as the judge or labor arbiter cannot take
judicial notice of a foreign law

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