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Philippines vs. HSBC [SEPARATE OPINION, DISSENTING, CONCEPCION, J.]

THE GOVERNMENT OF THE PHILIPPINE ISLANDS, plaintiff-appellant, vs. THE HONGKONG & SHANGHAI BANKING CORPORATION, defendants-appellees.

G.R. No. 44257 | 1938-11-22

DISSENTING
 
CONCEPCION, J.:
 
I dissent from the majority opinion.
 
The Solicitor-General, in the name of the Government, filed a complaint against the Hongkong & Shanghai Banking Corporation and eight other banking institutions, for the recovery of certain sums by way of assessments, in conformity with the provisions of section 11 of Act No. 4007.
 
All the defendants demurred to the complaint The Hongkong & Shanghai Banking Corporation and the other defendants', with the exception of the National City Bank of New York, founded their demurrers on the ground that the law relied upon in the complaint is...