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National Commercial Bank Of Saudi Arabia vs CA And Philippine Banking Corporation

NATIONAL COMMERCIAL BANK OF SAUDI ARABIA, PETITIONER, VS. COURT OF APPEALS AND PHILIPPINE BANKING CORPORATION, RESPONDENTS.

G.R. No. 124267 | 2003-01-31

D E C I S I O N

CARPIO-MORALES, J.:

May the unrippled doctrine that a motion filed without the requisite notice of hearing is a useless piece of paper with no legal effect[1] be, under the facts of the case, relaxed?

Petitioner National Commercial Bank of Saudi Arabia (NCBSA) filed a case against respondent Philippine Banking Corporation (PBC) in the Regional Trial Court (RTC) of Makati on December 4, 1985 to recover "the duplication in the payment of the proceeds of a letter of credit [NCBSA] has issued ... brought about by the fact that both the head office and the Makati branch of [PBC, the negotiating bank,] collected the proceeds...