Chuidian v. Philippine National Bank
United States Court of Appeals for the Ninth Circuit
912 F.2d 1095 (9th Cir. 1990)
Daza (defendant), a Philippine citizen and official in the Philippine government, instructed the Philippine National Bank (Bank) (defendant) to dishonor a letter of credit issued by the Philippine government to Chuidian (plaintiff), another Philippine citizen. Daza was a member of the Presidential Commission on Good Government (Commission), an executive agency within the Philippine government tasked with recovering “ill-gotten wealth” obtained under the former Philippine president. Daza stated that the Commission suspected Chuidian received the letter of credit through improper means, and thus wished to examine the circumstances of his credit before issuing a payment from the Philippine government. The letter of credit was dishonored, and Chuidian brought suit against Daza and the Bank in United States federal district court. Daza defended on the ground that he was entitled to sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) of 1976. The court of appeals considered the issue of Daza’s sovereign immunity on appeal.
Rule of Law
Holding and Reasoning (Wallace, J.)
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