A piece of real property was acquired by the Holy See by

way of donation from the Archdiocese of Manila. The purpose

was to construct the official place of residence of the Papal
Nuncio. Later, the Holy See sold the property on condition that it
will evict the squatters therein. For failure to comply with the
condition, the Holy See was sued. It moved to dismiss on the
ground of state immunity.
ISSUE: Whether or not the
petitioner Holy See is
immune from suit

FACTS AND ISSUE

HOLY SEE VS. ROSARIO (Dec. 1, 1994)
 • Yes. The privilege of sovereign immunity was sufficiently established by a
certification of the Department of Foreign Affairs as a duly accredited diplomatic
mission to the Republic of the Philippines exempt from local jurisdiction and
entitled to all the rights, privileges and immunities of a diplomatic mission or
embassy in this country. The determination of the executive branch that a state
or instrumentality is entitled to sovereign or diplomatic immunity is a political
question that is conclusive upon the courts.
• Where the plea of immunity is affirmed by the executive branch, it is the duty of
the courts to accept this claim so as not to embarrass the executive arm of the
government in conducting the country’s foreign relations.
• The Holy See is immune from suit because the act of selling the lot of concern is
non-propriety in nature. The lot was acquired through a donation from the
Archdiocese of Manila, not for a commercial purpose, but for the use of petitioner
to construct the official place of residence of the Papal Nuncio thereof. The
transfer of the property and its subsequent disposal are likewise clothed with a
governmental (non-proprietal) character as petitioner sold the lot not for profit or
gain rather because it merely cannot evict the squatters living in said property.
• If the act is in pursuit of a sovereign activity, or an incident thereof, then it is an
act jure imperii, especially when it is not undertaken for gain or profit.
• The right of a foreign sovereign to acquire property, real or personal, in a
receiving state, necessary for the creation and maintenance of its diplomatic
mission, is recognized in the 1961 Vienna Convention on Diplomatic Relations

RULING
(Article 31a).

johnrobenambas