CO537-(1262-1649) — Page 244

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Raf.

THE NATIONAL ARCHIVES

60 527/137A

ឌី

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TRANSLATION

REPUBLIC OF THE PHILLIPINES

COURT OF FIRST

HONGKONG & SHANGHAI BANKING CORPORATION,

Plaintiff

-versus-

00029

INSTANCE OF MANILA.

LUIS PEREZ-SAMANILLO, INC.,

and

REGISTER OF DEEDS OF MANILA

Defendants

DECISION

G

29

Civil Case No. 71009.

1

cms

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Ref.:

CO 537/1374

THE NATIONAL ARCHİVEŠ

८

restrictions. Further information is given in the enclosed Terms and Conditions of supply of National Archives' leaflet. Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright

-

In or about the month of May, 1937, the defendant luis Perez-

Samanillo, Inco., a corporation organized and existing in accordance

with the laws of the Philippines, obtained from the plaintiff bank

a banking corporation organised and existing under the laws of the

British Colony of Victoria, Hongkong, and duly authorized to do business

in the Philippines a credit by way of overdraft in account current.

As security for the payment of any amount which might be due from the

defendant in overdraft, the latter mortgaged to the plaintiff bank

the land and its improvements described in the document marked Exhibit

"A", annexed to the complaint. The mortgaged property is generally

known in Manila as the "Perez Samanillo Building". On January 1st,

1942, the debit balance of the said overdraft account amounted to

21,414,770.36 Philippine Currency. According to the terms of the

obligation, any amount owed by the defendant shall be payable on

plaintiff's demand.

At the beginning of 1942, when the Japanese invading forces

occupied the City of Manila, one of the first acts of the Japanese

Military Administration was to take possession of the offices, books

and records of all the foreign banks operating in Manila, considering

them as enemy banks, and to name the Bank of Taiwan, a Japanese banking

corporation, as liquidator of the Japanese Army of all the banking

institutions which were considered enemy banks, the plaintiff bank being

one of them.