Scribd Logo
Upload

Welcome to Scribd!

  • 155 views

    Haw Pia Vs China Banking Corp

    Uploaded by

    Melgen
    1. The plaintiff had paid off a debt owed to the defendant China Banking Corporation through payments made to the Bank of Taiwan, which had been appointed by the Japanese military as liquidator of China Banking Corporation during Japan's occupation. 2. The trial court ruled the debt was not extinguished as the defendant bank did not authorize the Bank of Taiwan to accept payment. 3. The Supreme Court overturned this, finding that international law allowed the Japanese military to order liquidation of occupied banks and appoint a liquidator to collect debts and payments, so the Bank of Taiwan was authorized to receive the plaintiff's payments. Therefore, the payments did extinguish the plaintiff's debt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Haw Pia Vs China Banking Corp

    Uploaded by

    Melgen
    155 views1 page
    1. The plaintiff had paid off a debt owed to the defendant China Banking Corporation through payments made to the Bank of Taiwan, which had been appointed by the Japanese military as liquidator of China Banking Corporation during Japan's occupation. 2. The trial court ruled the debt was not extinguished as the defendant bank did not authorize the Bank of Taiwan to accept payment. 3. The Supreme Court overturned this, finding that international law allowed the Japanese military to order liquidation of occupied banks and appoint a liquidator to collect debts and payments, so the Bank of Taiwan was authorized to receive the plaintiff's payments. Therefore, the payments did extinguish the plaintiff's debt.

    Original Description:

    thanks

    Original Title

    Haw Pia vs China Banking Corp

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. The plaintiff had paid off a debt owed to the defendant China Banking Corporation through payments made to the Bank of Taiwan, which had been appointed by the Japanese military as liquidator of China Banking Corporation during Japan's occupation. 2. The trial court ruled the debt was not extinguished as the defendant bank did not authorize the Bank of Taiwan to accept payment. 3. The Supreme Court overturned this, finding that international law allowed the Japanese military to order liquidation of occupied banks and appoint a liquidator to collect debts and payments, so the Bank of Taiwan was authorized to receive the plaintiff's payments. Therefore, the payments did extinguish the plaintiff's debt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    155 views1 page

    Haw Pia Vs China Banking Corp

    Uploaded by

    Melgen
    1. The plaintiff had paid off a debt owed to the defendant China Banking Corporation through payments made to the Bank of Taiwan, which had been appointed by the Japanese military as liquidator of China Banking Corporation during Japan's occupation. 2. The trial court ruled the debt was not extinguished as the defendant bank did not authorize the Bank of Taiwan to accept payment. 3. The Supreme Court overturned this, finding that international law allowed the Japanese military to order liquidation of occupied banks and appoint a liquidator to collect debts and payments, so the Bank of Taiwan was authorized to receive the plaintiff's payments. Therefore, the payments did extinguish the plaintiff's debt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Haw Pia vs China Banking Corp.

    G.R. No. L-554 April 9, 1948

    Facts:

    Plaintiff-appellant’s indebtedness to the defendant-appellee China Banking Corporation in the sum of P5,103.35 by way
    of overdraft in current account payable on demand together with its interests, has been completely paid, on different
    occasions to the defendant Bank China Banking Corporation through the defendant Bank of Taiwan, Ltd., that was
    appointed by the Japanese Military authorities as liquidator of the China Banking Corporation.

    The trial court held that, as there was no evidence presented to show that the defendant Bank had authorized the Bank
    of Taiwan, Ltd., to accept the payment of the plaintiff’s debt to the said defendant, and said Bank of Taiwan, as an
    agency of the Japanese invading army, was not authorized under the international law to liquidate the business of the
    China Banking Corporation, the payment has not extinguished the indebtedness of the plaintiff to the said defendant
    under Article 1162 of the Civil Code.

    Issues:

    1. Whether or not the Japanese Military Administration had authority to order the liquidation or winding up of the
    business of defendant-appellee China Banking Corporation, and to appoint the Bank of Taiwan liquidator authorized as
    such to accept the payment by the plaintiff-appellant to said defendant-appellee; and

    2. Whether or not such payment by the plaintiff-appellant has extinguished her obligation to said defendant-appellee.

    Ruling:

    1. YES. The Japanese military authorities had power, under the international law, to order the liquidation of the China
    Banking Corporation and to appoint and authorize the Bank of Taiwan as liquidator to accept the payment in question,
    because such liquidation is not confiscation of the properties of the bank appellee, but a mere sequestration of its assets
    which required the liquidation or winding up of the business of said bank. The sequestration or liquidation of enemy
    banks in occupied territories is authorized expressly by the United States Army and Navy Manual of Military Government
    and Civil Affairs F.M. 2710 OPNAV 50-E-3.

    2. YES. It having been shown above that the Japanese Military Forces had power to sequestrate and impound the assets
    or funds of the China Banking Corporation, and for that purpose to liquidate it by collecting the debts due to said bank
    from its debtors, and paying its creditors, and therefore to appoint the Bank of Taiwan as liquidator with the consequent
    authority to make the collection, it follows evidently that the payments by the debtors to the Bank of Taiwan of their
    debts to the China Banking Corporation have extinguished their obligation to the latter. Said payments were made to a
    person, the Bank of Taiwan, authorized to receive them in the name of the bank creditor under article 1162, of the Civil
    Code. Because it is evident the words “a person authorized to receive it,” as used therein, means not only a person
    authorized by the same creditor, but also a person authorized by law to do so, such as guardian, executor or
    administrator of estate of a deceased, and assignee or liquidator of a partnership or corporation, as well as any other
    who may be authorized to do so by law (Manresa, Civil Code, 4th ed. p. 254.)

    The fact that the money with which that debts have been paid were Japanese war notes does not affect the validity of
    the payments. The power of the military governments established in occupied enemy territory to issue military currency
    in the exercise of their governmental power is based, not only on the occupant’s general power to maintain law and
    order recognized in article 43 of the Hague Regulations (Feilchenfeld of Belligerent Occupation, paragraph 6), but on
    military necessity as shown by the history of the use of money or currency in wars.

    You might also like