CIVIL LIBERTIES UNION VS.

THE EXECUTIVE SECRETARY

ISSUE: Does the prohibition in Section 13, Article VII of the 1987 Constitution insofar as Cabinet members, their deputies or assistants are concerned admit of the broad exceptions made for appointive officials in general under Section 7, par. (2), Article I-XB? HELD: No. The intent of the framers of the Constitution was to impose a stricter prohibition on the President and his official family in so far as holding other offices or employment in the government or elsewhere is concerned. Although Section 7, Article I-XB are contains a blanket prohibition against the holding of multiple offices or employment in the government subsuming both elective and appointive public officials, the Constitutional Commission should see it fit to formulate another provision, Sec. 13, Article VII, specifically prohibiting the President, VicePresident, members of the Cabinet, their deputies and assistants from holding any other office or employment during their tenure, unless otherwise provided in the Constitution itself. While all other appointive officials in the civil service are allowed to hold other office or employment in the government during their tenure when such is allowed by law or by the primary functions of their positions, members of the Cabinet, their deputies and assistants may do so only when expressly authorized by the Constitution itself. In other words, Section 7, Article I-XB is meant to lay down the general rule applicable to all elective and appointive public officials and employees, while Section 13, Article VII is meant to be the exception applicable only to the President, the VicePresident, Members of the Cabinet, their deputies and assistants. The phrase "unless otherwise provided in this Constitution" must be given a literal interpretation to refer only to those particular instances cited in the Constitution itself, to wit: the Vice-President being appointed as a member of the Cabinet under Section 3, par. (2), Article VII; or acting as President in those instances provided under Section 7, pars. (2) and (3), Article VII; and, the Secretary of Justice being ex-officio member of the Judicial and Bar Council by virtue of Section 8 (1), Article VIII.

FACTS: The two petitions in this case sought to declare unconstitutional Executive Order No. 284 issued by President Corazon C. Aquino. The assailed law provides that: Sec. 1. Even if allowed by law or by the ordinary functions of his position, a member of the Cabinet, undersecretary or assistant secretary or other appointive officials of the Executive Department may, in addition to his primary position, hold not more than two positions in the government and government corporations and receive the corresponding compensation therefore; Provided, that this limitation shall not apply to ad hoc bodies or committees, or to boards, councils or bodies of which the President is the Chairman. The petitioners alleged that the cited provision of EO 284 contravenes the provision of Sec. 13, Article VII which declares: The President, VicePresident, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including governmentowned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. The petitioners maintained that the phrase "unless otherwise provided in this Constitution" used in Section 13 of Article VII meant that the exception must be expressly provided in the Constitution. Public respondents, on the other hand, maintain that the phrase "unless otherwise provided in the Constitution" in Section 13, Article VII makes reference to Section 7, par. (2), Article I-XB insofar as the appointive officials mentioned therein are concerned. The provision relied upon by the respondents provides: Sec. 7...... Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including governmentowned or controlled corporations or their subsidiaries.

MUTUC VS. COMELEC

FACTS: Mutuc was a candidate for delegate to the Constitutional Convention (1970). His candidacy

was given due course by the COMELEC but he was prohibited from playing his campaign jingle on his mobile units because this is an apparent violation of COMELEC‘s band ―to purchase, produce, request or distribute sample ballots, or electoral propaganda gadgets such as pens, lighters, fans (of whatever nature), flashlights, athletic goods or materials, wallets, bandanas, shirts, hats, matches, cigarettes, and the like, whether of domestic or foreign origin.‖ It was COMELEC‘s contention that the jingle proposed to be used by petitioner is the recorded or taped voice of a singer and therefore a tangible propaganda material (falling under and the like‘s category), under the above COMELEC statute subject to confiscation.

ISSUE: Whether or not the sale of Manila Hotel to Renong Berhad is violative of the Constitutional provision of Filipino First Policy and is therefore null and void. HELD: Manila Prince Hotel Corporation should be awarded the sale pursuant to Art 12 of the 1987 Const. This is in light of the Filipino First Policy. Herein resolved as well is the term Qualified Filipinos which not only pertains to individuals but to corporations as well and other juridical entities/personalities.

MACARIOLA VS. JUDGE ASUNCION HELD: By virtue of Ejusdem Generis, general words following any enumeration must be of the same class as those specifically referred to. It did contend, however, that one of its provisions referred to above makes unlawful the distribution of electoral propaganda gadgets, mention being made of pens, lighters, fans, flashlights, athletic goods or materials, wallets, bandanas, shirts, hats, matches, and cigarettes, and concluding with the words ―and the like.‖ For respondent Commission, the last three words sufficed to justify such an order. We view the matter differently. What was done cannot merit our approval under the wellknown principle of ejusdem generis, the general words following any enumeration being applicable only to things of the same kind or class as those specifically referred to. It is quite apparent that what was contemplated in the Act was the distribution of gadgets of the kind referred to as a means of inducement to obtain a favorable vote for the candidate responsible for its distribution. FACTS: When the decision in Civil Case No. 3010 rendered by respondent Hon. Judge Elias B. Asuncion of Court of First Instance of Leyte became final on June 8, 1863 for lack of an appeal, a project of partition was submitted to him which he later approved in an Order dated October 23, 1963. Among the parties thereto was complainant Bernardita R. Macariola. One of the properties mentioned in the project of partition was Lot 1184. This lot according to the decision rendered by Judge Asuncion was adjudicated to the plaintiffs Reyes in equal shares subdividing Lot 1184 into five lots denominated as Lot 1184-A to 1184-E. On July 31, 1964 Lot 1184-E was sold to Dr. Arcadio Galapon who later sold a portion of Lot 1184-E to Judge Asuncion and his wife Victoria Asuncion. Thereafter spouses Asuncion and spouses Galapon conveyed their respective shares and interests in Lot 1184-E to the Traders Manufacturing and Fishing Industries Inc. wherein Judge Asuncion was the president. Macariola then filed an instant complaint on August 9, 1968 docketed as Civil Case No. 4234 in the CFI of Leyte against Judge Asuncion with "acts unbecoming a judge" alleging that Judge Asuncion in acquiring by purchase a portion of Lot 1184-E violated Article 1491 par. 5 of the New Civil Code, Art. 14, pars. 1 and 5 of the Code of Commerce, Sec. 3 par. H of R.A. 3019, Sec. 12 Rule XVIII of the Civil Service Rules and Canon 25 of the Canons of Judicial Ethics. On November 2, 1970, Judge Jose Nepomuceno of the CFI of Leyte rendered a decision dismissing the complaints against Judge Asuncion. After the investigation, report and recommendation conducted by Justice Cecilia Munoz Palma of the

MANILA PRINCE HOTEL VS.GSIS FACTS: Pursuant to the privatization program of the government, GSIS decided to sell 30-51% of the Manila Hotel Corporation. Two bidders participated, Manila Prince Hotel Corporation and Malaysian Firm Renong Berhad. Manila Prince Hotel Corporation‘s bid was at P41.58/per share while Renong Berhad‘s bid was at P44.00/share. Renong Berhad was the highest bidder hence it was logically considered as the winning bidder but is yet to be declared so. Pending declaration, Manila Prince Hotel Corporation matches Renong Berhad‘s bid but GSIS refused to accept. In turn Manila Prince Hotel Corporation filed a TRO to avoid the perfection/consummation of the sale to Renong Berhad.

Court of Appeals, she recommended on her decision dated March 27, 1971 that Judge Asuncion be exonerated. ISSUE: Does Judge Asuncion, now Associate Justice of Court of Appeals violated any law in acquiring by purchase a parcel of Lot 1184-E which he previously decided in a Civil Case No. 3010 and his engagement in business by joining a private corporation during his incumbency as a judge of the CFI of Leyte constitute an "act unbecoming of a judge"? RULING: No. The respondent Judge Asuncion's actuation does not constitute of an "act unbecoming of a judge." But he is reminded to be more discreet in his private and business activities. Supreme Court ruled that the prohibition in Article 1491 par. 5 of the New Civil Code applies only to operate, the sale or assignment of the property during the pendency of the litigation involving the property. Respondent judge purchased a portion of Lot 1184-E on March 6, 1965, the in Civil Case No. 3010 which he rendered on June 8, 1963 was already final because none of the parties therein filed an appeal within the reglementary period. Hence, the lot in question was no longer subject to litigation. Furthermore, Judge Asuncion did not buy the lot in question directly from the plaintiffs in Civil Case No. 3010 but from Dr. Arcadio Galapon who earlier purchased Lot1184-E from the plaintiffs Reyes after the finality of the decision in Civil Case No. 3010. Supreme Court stated that upon the transfer of sovereignty from Spain to the US and later on from the US to the Republic of the Philippines, Article 14 of Code of Commerce must be deemed to have been abrogated because where there is change of sovereignty, the political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by affirmative act of the new sovereign. There appears no enabling or affirmative act that continued the effectively of the foretasted provision of the Code of Commerce, consequently, Art. 14 of the Code of Commerce have no legal and binding effect and cannot apply to the respondent Judge Asuncion. Respondent Judge cannot also be held liable to par. H, Section 3 of R.A. 3019 because the business of the corporation in which respondent participated had obviously no relation or connection with his judicial office. Supreme Court stated that respondent judge and his wife deserve the commendation for their immediate withdrawal from the firm 22 days after

its incorporation realizing that their interest contravenes the Canon 25 of the Canons of Judicial Ethics.

PLANAS VS. COMELEC

FACTS: On 15 January 1973, there being no freedom of speech, press and assembly, and there being no sufficient time to inform the people of the contents thereof." Substantially identical actions were filed. Meanwhile, or on 17 December 1972, the President had issued an order temporarily suspending the effects of Proclamation 1081, for the purpose of free and open debate on the Proposed Constitution. On December 23, the President announced the postponement of the plebiscite for the ratification or rejection of the Proposed Constitution. No formal action to this effect was taken until 7 January 1973, when General Order 20 was issued, directing "that the plebiscite scheduled to be held on 15 January 1973, be postponed until further notice." Said General Order 20, moreover, "suspended in the meantime" the "order of 17 December 1972, temporarily suspending the effects of Proclamation 1081 for purposes of free and open debate on the proposed Constitution." In view of the events relative to the postponement of the plebiscite, the Court deemed it fit to refrain, for the time being, from deciding the cases, for neither the date nor the conditions under which said plebiscite would be held were known or announced officially. Then, again, Congress was, pursuant to the 1935 Constitution, scheduled to meet in regular session on 22 January 1973, and since the main objection to Presidential Decree 73 was that the President does not have the legislative authority to call a plebiscite and appropriate funds therefore, which Congress unquestionably could do, particularly in view of the formal postponement of the plebiscite by the President — reportedly after consultation with, among others, the leaders of Congress and the Commission on Elections — the Court deemed it more imperative to defer its final action on these cases. In the afternoon of 12 January 1973, Vidal Tan, et. al. [GR L-35948] filed an "urgent motion," praying that said case be decided "as soon as possible, preferably not later than 15 January 1973." It was alleged in said motion, "that the President subsequently announced the issuance of Presidential Decree 86 organizing the so-called Citizens Assemblies, to be consulted on certain

public questions; and that thereafter it was later announced that 'the Assemblies will be asked if they favor or oppose — [1] The New Society; [2] Reforms instituted under Martial Law; [3] The holding of a plebiscite on the proposed new Constitution and when (the tentative new date given following the postponement of the plebiscite from the original date of January 15 are February 19 and March 5); [4] The opening of the regular session slated on January 22 in accordance with the existing Constitution despite Martial Law."

Congress acting as Constituent Assembly, has full authority to propose amendments, or call for convention for the purpose by votes and these votes were attained by Resolution 2 and 4 - Sec 2 RA 6132: it is a mere implementation of Resolution 4 and is enough that the basis employed for such apportions is reasonable. Macias case relied by Gonzales is not reasonable for that case granted more representatives to provinces with less population and vice versa. In this case, Batanes is equal to the number of delegates I other provinces with more population. - Sec 5: State has right to create office and parameters to qualify/disqualify members thereof. Furthermore, this disqualification is only temporary. This is a safety mechanism to prevent political figures from controlling elections and to allow them to devote more time to the Constitutional Convention. - Par 1 Sec 8: this is to avoid debasement of electoral process and also to assure candidates equal opportunity since candidates must now depend on their individual merits, and not the support of political parties. This provision does not create discrimination towards any particular party/group, it applies to all organizations.

ISSUE: Whether the Court has authority to pass upon the validity of Presidential Decree 73. HELD: Presidential Decree 73 purports to have the force and effect of a legislation, so that the issue on the validity thereof is manifestly a justifiable one, on the authority, not only of a long list of cases in which the Court has passed upon the constitutionality of statutes and/or acts of the Executive, 1 but, also, of no less than that of Subdivision (1) of Section 2, Article VIII of the 1935 Constitution, which expressly provides for the authority of the Supreme Court to review cases involving said issue.

TOLENTINO VS. COMELEC IMBONG VS. COMELEC FACTS: FACTS: This is a petition for declaratory judgment. These are 2 separate but related petitions of running candidates for delegates to the Constitutional Convention assailing the validity of RA 6132.Gonzales: Sec, 2, 4, 5 and Par 1 Sec 8, and validity of entire law Imbong: Par 1 Sec 8 ISSUE: Whether or not the Congress has a right to call for Constitutional Convention and whether the parameters set by such a call is constitutional. HELD: The Congress has the authority to call for a Constitutional Convention as a Constituent Assembly. Furthermore, specific provisions assailed by the petitioners are deemed as constitutional. RATIO: - Sec 4 RA 6132: it is simply an application of Sec 2 Art 12 of Constitution -Constitutionality of enactment of RA 6132: In Feb 2001, a Senate seat for a term expiring on June 30 2004 was vacated with the appointment of then Sen. Guingona as VP of the PI. The Senate then adopted Resolution #84 which: 1) certified the existence of a vacancy in the Senate & 2) called the COMELEC to fill up the said vacancy through a special election to be held simultaneously w/ the regular election on May14, 2001, and 3) declared the senatorial candidate garnering the 13th highest number of votes shall serve only for the unexpired term of former Sen. Guingona. According to the Senate, this Resolution is for the ―guidance‖ & ―implementation‖ of the COMELEC, &that it had NO discretion to alter the said procedure. Nobody filed a certificate of candidacy to fill the position of senator to serve the unexpired 3yr term in the special election. All the senatorial candidates filed the certificates of candidacy for the 12 regular Senate seats w/ a 6yr term each. COMELEC distributed nationwide official documents (eg Voter Info Sheet, List of Candidates, and Sample Ballot). The List of Candidates DID NOT provides 2 different categories of Senate seats to be voted, namely the 12 regular 6- year term seats & the

Public Interest Law Center. 1970 Republic Act 6132 was approved implementing Sec. Thus. A single canvassing of votes for a single list of senatorial candidates was also done. filed with COMELEC a petition to amend the constitution to lift the term limits of elective officials.) they are contrary to and . HELD: Supreme Court held that Sec. ISSUE: Whether or not Sec. Modernization and Action (PIRMA). where only the Senate Electoral Tribunal can serve as judge. 4 of Republic Act 6132 applies exclusively to officials and employees it does not constitute discriminatory legislation which offends equal protection clause of constitution since the classification is germane to purpose of the act and based on substantial difference between the situation of said officials and employees and that of persons outside of government service. The petitioners herein Senator Santiago. 8. 3 of Resolution 2 (b. NOT his right in the exercise of his office as Senator. 8 and Sec. (2) the people‘s initiative is limited to amendments to the Constitution. and Laban ng Demokratikong Pilipino appeared as intervenors-oppositors. which provides for the right of the people to exercise the power to directly propose amendments to the Constitution. Jesus Delfin. 4 and 8 of case page 4. 2 of the 1987 Constitution. Nor did the ballots provide a separate space for the candidate to be voted in the special election & instead provided 13 spaces for 13 senatorial seats. such as the following: (1) The constitutional provision on people‘s initiative to amend the constitution can only be implemented by law to be passed by Congress. Hence on August 24. the IBP. Senator Roco filed a motion to dismiss the Delfin petition on the ground that one which is cognizable by the COMELEC.4 which provides: copy Sec. Sec. Petitioners Subido and the Commission of Civil Service Commission who are all government officials and employees assail the validity of Sec. inconsistent with Sec. not to revision thereof. Demokrasya-Ipagtanggol ang Konstitusyon. the Court can properly exercise jurisdiction because what the petitioners are questioning here is the validity of the special election in which Honasan was elected. place & manner of the special election. Lifting of the IN RE: SUBIDO FACTS: On March 16. and Isabel Ongpin filed this civil action for prohibition under Rule 65 of the Rules of Court against COMELEC and the Delfin petition rising the several arguments. they pray that the Court declare that 1) NO special elections were held & that 2) Comelec‘s Resolutions that proclaim the Senatorial candidate who obtained the 13th highest # of votes as a duly elected be declared NULL&VOID ISSUE: Whether or not the Court has no jurisdiction over the matter because respondents say it is a quo warrant to proceeding (a proceeding which determines the right of a public officer in the exercise of his office & to oust him from it if his claim is not well-founded). the special election was held on the scheduled May 14 2001 regular elections. Without any COMELEC resolution/notice on the time. On June 17. through People‘s Initiative. Senator Roco. Petitioners assailed the manner by which the special election was conducted for violating the precedents set by the 1951 & 1955 special elections. At the hearing. 4 and 8 of Republic Act 6132 is constitutional. Alexander Padilla. 1 and 2 of Resolution No. SANTIAGO VS.single 3-year term seat. 2 and adding a new provision of Sec. COMELEC FACTS: Private respondent Atty. both of which were held simultaneously & yet distinctly w/ the regular general elections. His election is merely incidental to the petitioner‘s case of action. 4 constitute class legislation which denies equal protection of laws since it disqualifies public officials and employees from serving as delegates to the constitutional convention by considering them resigned from office upon filing of certificates of candidacy-a disqualification that does not apply to persons employed in private enterprises. Subsequently the COMELEC issued an order directing the publication of the petition and of the notice of hearing and thereafter set the case for hearing. No such law has been passed. president of People‘s Initiative for Reforms. 1967 the congress in joint session by a vote of ¾ of all its members passed Resolution 2 calling a convention to propose amendments to the Constitution. 4 and 8 on the ground ( a.) that Sec. HELD: YES. 4 and 8 of Republic Act 6132 are constitutional or valid because while Sec. He based this petition on Article XVII. 1969 the congress passed Resolution 4 amending Sec.

3 million individuals. The Supreme Court granted the Motions for Intervention. The lifting of the term limits was held to be that of a revision. considering the Court‘s decision in the above Issue. therefore it is outside the power of people‘s initiative. No. A revision cannot be done by initiative.952 individuals constituting at least twelve per centum (12%) of all registered voters. the Javellana ruling to the contrary notwithstanding.term limits constitutes a revision. 2. the constitutional guarantee of equal access to opportunities for public service. petitioners in G. Gonzales. The . both members of the Philippine Bar and former delegates to the 1971 Constitutional Convention that framed the present Constitution. HELD: Sec. The rather unorthodox aspect of these petitions is the assertion that the 1973 Constitution is not the fundamental law. thus. Art. respectively. The Lambino Group miserably failed to comply with the basic requirements of the Constitution for conducting a people‘s initiative.‖[6] These proposed changes will shift the present BicameralPresidential system to a Unicameral-Parliamentary form of government. XVII of the 1987 Constitution is a self-executing provision. the latter cannot validly promulgate rules and regulations to implement the exercise of the right to people‘s initiative. and prohibiting political dynasties. and in force and effect when the Batasang Pambansa resolutions and the present petitions were promulgated and filed. Article XVII of the Constitution on amendments to the Constitution through a people‘s initiative. On 25 August 2006. The delegation of the power to the COMELEC being invalid. The Lambino Group prayed that after due publication of their petition. It has been an established rule that what has been delegated cannot be delegated (potestas delegata non delegari potest). In the dispositive portion of Javellana vs. the issue of whether or not the petition is a revision or amendment has become academic. are suing as taxpayers.327. Art XVII of the Constitution is not selfexecutor. Lambino Group also claimed that COMELEC election registrars had verified the signatures of the 6. However. Although the Constitution has recognized or granted the right. 2. the Lambino Group filed a petition with the COMELEC to hold a plebiscite that will ratify their initiative petition under Section 5(b) and (c)[2] and Section 7[3] of Republic Act No. COMELEC FACTS: On 15 February 2006. The Lambino Group alleged that their petition had the support of 6. without implementing legislation the same cannot operate. this Court stated that it did so by a vote of six to four. Lambino and Erico B. 6735 or the Initiative and Referendum Act (―RA 6735‖). Samuel Occena and Ramon A. ISSUE: Whether or not Sec. The Lambino Group‘s initiative petition changes the 1987 Constitution by modifying Sections 1-7 of Article VI (Legislative Department)[4] and Sections 1-4 of Article VII (Executive Department)[5] and by adding Article XVIII entitled ―Transitory Provisions. as it would affect other provisions of the Constitution such as the synchronization of elections. ISSUE: Whether the 1973 Constitution was valid. HELD: There is no merit to the petition. namely Raul L. dismissing petitions for prohibition and mandamus to declare invalid its ratification. 174153. with other groups[1]and individuals. the COMELEC should submit the following proposition in a plebiscite for the voters‘ ratification: ISSUE: Whether or not the Lambino Group‘s initiative petition complies with Section 2. The Executive Secretary. with each legislative district represented by at least three per centum (3%) of its registered voters. OCCENA VS.R. commenced gathering signatures for an initiative petition to change the 1987 Constitution. The portion of COMELEC Resolution No. 2300 which prescribes rules and regulations on the conduct of initiative on amendments to the Constitution is void. the people cannot exercise it if Congress does not provide for its implementation. COMELEC FACTS: The challenge in these two prohibition proceedings against the validity of three Batasang Pambansa Resolutions proposing constitutional amendments goes further than merely assailing their alleged constitutional infirmity. HELD: It is much too late in the day to deny the force and applicability of the 1973 Constitution. LAMBINO VS. Aumentado (―Lambino Group‖).

the desirability. Further. Since then. 105 FACTS: In 1973. Javellana averred that the said constitution is void because the same was initiated by the president. The proposed amendments are embodied in four (4) separate questions to be answered by simple YES or NO answers. The petitioners have failed to make out a case that the average voter does not know the meaning of "grant" of public land or of "urban land reform. 643. there is an affirmation that what was done cannot be stigmatized as constitutionally deficient. whether or not "grant" of public land and "urban land reform" are unwise or improvident or whether or not the proposed amendments are unnecessary is a matter which only the people can decide. It served to clear the atmosphere. a factor for instability was removed. He argued that the President is w/o power to proclaim the ratification by the Filipino people of the proposed constitution. The mere dismissal of a suit of this character suffices. The petitioners do not seek to prohibit the holding of the plebiscite but only ask for more time for the people to study the meaning and implications of Resolution Nos. Thereafter. In declaring what the law is. the present Constitution came into force and effect. at least ten cases may be cited. 112. as a matter of law. which cover Resolution Nos. 105. COMELEC. it may not only nullify the acts of coordinate branches but may also sustain their validity. 3 (―grant‖ as an additional mode of acquiring lands belonging to the public domain) and 4 (the undertaking by the government of a land reform program and a social reform program). The latest case in point is People v. HELD: . The issue is whether or not the voters are aware of the wisdom. ALBA JAVELLANA VS EXECUTIVE SECRETARY FACTS: As provided for in Batas Pambansa Blg. a Filipino and a registered voter sought to enjoin the Exec Sec and other cabinet secretaries from implementing the said constitution. During the first year alone of the affectivity of the present Constitution. 111. That is the meaning of the concluding statement in Javellana. HELD: The necessity. Sola. ISSUE: Whether or not the SC must give due course to the petition. their desirability. and 113 until the nature and effect of the proposals are fairly and properly submitted to the electorate. Javellana. 104. 1984 to either approve or reject amendments to the Constitution proposed by Resolution Nos. It could even be said that there was a need for it." ALMARIO VS. or the dangers of abuse. In the latter case. or the danger of the power being abused. promulgated barely two weeks ago. and 113 of the Batasang Pambansa. It is as simple as that. With such a pronouncement by the Supreme Court and with the recognition of the cardinal postulate that what the Supreme Court says is not only entitled to respect but must also be obeyed. As was so convincingly demonstrated by Professors Black and Murphy. this Court has invariably applied the present Constitution. 1984 of Question Nos. 105 and 113. Marcos ordered the immediate implementation of the new 1973 Constitution. expediency. the Filipino electorate will go to the polls on January 27. the election held to ratify such constitution is not a free election there being intimidation and fraud. It made manifest that as of 17 January 1973. and wisdom of the proposed amendments are beyond the power of the courts to adjudicate. the Supreme Court can check as well as legitimate. The 1973 Constitution is the fundamental law. the remedy is to vote "NO" in the plebiscite but not to substitute his or their aversion to the proposed amendments by denying to the millions of voters an opportunity to express their own likes or dislikes. there is no further judicial obstacle to the new Constitution being considered in force and effect. The questions are presented for their determination. 110. all doubts were resolved. to the people for ratification or rejection on the ground that there has been no fair and proper submission following the doctrine laid down in Tolentino v. Precisely. ISSUE: Whether or not Questions 3 and 4 can be presented to the people on a later date.It then concluded: "This being the vote of the majority." Such a statement served a useful purpose. Petitioners herein seek to enjoin the submission on January 27. Assuming that a member or some members of this Court may find undesirable any additional mode of disposing of public land or an urban land reform program. What cannot be too strongly stressed is that the function of judicial review has both a positive and a negative aspect. The issue before us has nothing to do with the wisdom of the proposed amendments.

2. respondent OIC Governor no longer has the authority to replace them and to designate their successors. their terms of office shall be six years which shall commence on June 7. In spite of the protest of the petitioner‘s attorney. it is to be assumed that the people had acquiesced in or accepted the 1973 Constitution. It was also their position that with the ratification of the 1987 Philippine Constitution. Further. ESGUERRA FACTS: On May 17. Magno as Barangay Captain of Barangay Dolores and the other respondents as members of Barangay Council of the same Barangay and Municipality. Art 1 of the 1987 Constitution further provides in part: "Sec. respondents contend that the terms of office of elective and appointive officials were abolished and that petitioners continued in office by virtue of Sec. Sec 8. The question of the validity of the 1973 Constitution is a political question which was left to the people in their sovereign capacity to answer. and that the provision in the Barangay Election Act fixing the term of office of AGLIPAY VS RUIZ FACTS: In May 1936. Petitioners prayed to the Supreme Court that the subject Memoranda of February 8. petitioner De Leon received a Memorandum antedated December 1. thereof to designate respondents to the elective positions occupied by petitioners. The further sale of the stamps was sought to be prevented by the petitioner. On February 9. Art. 222. 3 of the Provisional Constitution and not because their term of six years had not yet expired. Having become inoperative. 1987. 222). requested Vicente Sotto. RULING: Supreme Court declared that the Memoranda issued by respondent OIC Gov on Feb 8. shall be three years x x x.The SC ruled that they cannot rule upon the case at bar. in the fulfillment of what he considers to be a civic duty.. therefore. 3 of the Provisional Constitution. Supreme Head of the Philippine Independent Church. therefore. Relevantly. which shall be determined by law. Art 3. The said stamps were actually issued and sold though the greater part thereof remained unsold. in the exercise of his political prerogatives. ISSUE: . The 1987 Constitution was ratified in a plebiscite on Feb 2. otherwise known as Barangay Election Act of 1982. Petitioners maintain that pursuant to Section 3 of the Barangay Election Act of 1982 (BP Blg. the Provisional Constitution must be deemed to have superseded. organized by the Roman Catholic Church. the Director of Posts announced in the dailies of Manila that he would order the issuance of postage stamps commemorating the celebration in the City of Manila of the 33rd International Eucharistic Congress. there being no competent evidence to show such fraud and intimidation during the election. 8. Mons. 1987 be declared null and void and that respondents be prohibited by taking over their positions of Barangay Captain and Barangay Councilmen. Muncipality of Taytay. Esq. to denounce the matter to the President of the Philippines. member of the Philippine Bar. Their ratification of the same had shown such acquiescence. The petitioner. 1982. 1986 but signed by respondent OIC Governor Benjamin Esguerra on February 8. Gregorio Aglipay. Art. Barangay officials to six years must be deemed to have been repealed for being inconsistent with Sec. The term of office of elective local officials. the Director of Posts publicly announced having sent to the United States the designs of the postage for printing. 2. respondent OIC Gov could no longer rely on Sec 2. Rizal has no legal force and effect. 1988 and shall continue until their successors shall have elected and shall have qualified. petitioner Alfredo M. 1987. De Leon was elected Barangay Captain together with the other petitioners as Barangay Councilmen of Barangay Dolores." Until the term of office of barangay officials has been determined by aw. Majority of the SC justices expressed the view that they were concluded by the ascertainment made by the president of the Philippines. 1987 designating respondent Florentino G. ISSUE: Whether or not the designation of respondents to replace petitioners was validly made during the one-year period which ended on Feb 25. DE LEON V. 1987 designating respondents as Barangay Captain and Barangay Councilmen of Barangay Dolores. except barangay officials. the term of office of 6 years provided for in the Barangay Election Act of 1982 should still govern. Province of Rizal in a Barangay election held under Batas Pambansa Blg. On the other hand. 1987. Taytay.

Antonio Campos Rueda. Even if we were to assume that these officials made use of a poor judgment in issuing and selling the postage stamps in question still. a gap exists which is yet to be filled to justify the court in setting aside the official act assailed as coming within a constitutional inhibition. The Supreme Court ruled in the negative. She left properties in Tangier as well as in the Philippines. Between the exercise of a poor judgment and the unconstitutionality of the step taken. Manila Prince Hotel Corporation‘s bid was at P41. Petitioners do not in fact show what particularized interest they have for bringing this suit. Article IX-D of the 1987 Constitution in relation to the COA Circular No. This is in light of the Filipino First Policy. as administrator of her estate. The court resolved that petition for a writ of prohibition is hereby denied. without pronouncement as to costs. de Cerdeira died in Tangier (North Africa).791. 232 SCRA 110. At the time of her demise.00 as estate tax and the sum of P151. HELD: MANILA PRINCE HOTEL VS. Renong Berhad was the highest bidder hence it was logically considered as the winning bidder but is yet to be declared so.Whether or not the issuance of the postage stamps was in violation of the Constitution. taxpayers or voters who actually sue in the public interest. 113373.109. claiming that the KILOSBAYAN INC VS MORATO . on 2 January 1955. Two bidders participated. Herein resolved as well is the term Qualified Filipinos which not only pertains to individuals but to corporations as well and other juridical entities/personalities. Standing is a special concern in constitutional law because some cases are brought not by parties who have been personally injured by the operation of the law or by official action taken. HELD: Manila Prince Hotel Corporation should be awarded the sale pursuant to Art 12 of the 1987 Const. Manila Prince Hotel Corporation matches Renong Berhad‘s bid but GSIS refused to accept. discretion to misuse postage stamps with new designs.48 as inheritance tax.90. 4052 grants the Director of Posts. on the transfer of her real properties in the Philippines. that it violated the law on public bidding of contracts as well as Section 2(2). but by concerned citizens. Among the properties in the Philippines are several parcels of land and many shares of stock. 85-55-A. Pending declaration.50 and her personal properties also in the Philippines had a value of P396. the case of the petitioner would fail to take in weight. In turn Manila Prince Hotel Corporation filed a TRO to avoid the perfection/consummation of the sale to Renong Berhad.58/per share while Renong Berhad‘s bid was at P44.00/share. she was married to a Spanish Citizen and a permanent resident of Tangier from 1931 up to her death. ISSUE: Whether or not the sale of Manila Hotel to Renong Berhad is violative of the Constitutional provision of Filipino First Policy and is therefore null and void. FACTS: This is a petition seeking to declare the ELA invalid on the ground that it is substantially the same as the Contract of Lease nullified in G. CIR VS CAMPOS RUEDA FACTS: Doña Maria de la Estrella Soriano Vda.483. Respondents questioned the petitioners' standing to bring this suit.308. with the approval of the Secretary of Public Works and Communications. On the real estate. Petitioners contended that the amended ELA is inconsistent with and violative of PCSO's charter and the decision of the Supreme Court of 5 May 1995. but refused to pay the corresponding deficiency estate and inheritance taxes due on the transfer of her intangible personal properties. Manila Prince Hotel Corporation and Malaysian Firm Renong Berhad. R. HELD: There has been no constitutional infraction in the case at bar. accounts receivable and other intangible personal properties. ISSUE: Whether or not petitioners possess the legal standing to file the instant petition.582. The real estate situated in the Philippines had a market value of P1. Act No. And they do not have present substantial interest in the ELA as would entitle them to bring this suit.GSIS FACTS: Pursuant to the privatization program of the government. No. paid the sum of P111. GSIS decided to sell 30-51% of the Manila Hotel Corporation.

estate is exempt from the payment of said taxes pursuant to Section 122 of the Tax Code. "movables" and "movable property" as used in the Tangier laws. entitled Francisco Sycip vs. does not impose transfer or death upon intangible person properties of our citizens not residing therein. It has been referred to as a bodypolitic organized by common consent for mutual defense and mutual safety and to promote the general welfare. Bacani and P150 to Mateo A. HELD: If a foreign country is to be identified with a state. exercising by means of its government its sovereign will over the individuals within it and maintaining its separate international personality. It bears repeating that 4 days after the filing of the present petition on 6 January 1958 in Collector of Internal Revenue v. on the transfer of intangible personal properties of Maria Cerdeira. the Court of Tax Appeals reversed the action taken by the Collector of the Internal Revenue. legally supreme within its territory. .95 including interest and penalties. claiming within its allotted area a supremacy over all other institutions. even on the assumption then that Tangier is bereft of international personality. The stress is on its being a nation. NACOCO. Matoto for said transcript at the rate of P1 per page. The National Coconut Corporation paid the amount of P564 to Leopoldo T. acting through a government functioning under a regime of law.874. 1953. The Collector of Internal Revenue in a decision assessed the estate of the deceased. On appeal the Court of Tax Appeals reversed the decision of the Collector. or whose law allows a similar exemption from such taxes. holding that the element of reciprocity was not lacking based on copies of Tangier legislation. Defendants set up as a defense that the NACOCO is a government entity within the purview of section 2 of the Revised Administrative Code of 1917 and. BACANI VS NACOCO FACTS: Bacani and Matoto are court stenographers assigned in the CFI of Manila. So Hyde did opine. it is exempt from paying the stenographers' fees under Rule 130 of the Rules of Court. 2293 of said court. without costs. On January 19. that Section 122 of the Tax Code does not require that the "foreign country" possess an international personality to come within its terms. the decision of the Court of Tax Appeals is affirmed." This is to view it in the light of its historical development." The Collector appealed. counsel for NACOCO. Rule 130 of the Rules of Court. hence. Laski could speak of it then as a territorial society divided into government and subjects. ISSUE: Whether or not Tangier qualifies as a ―foreign country‖ to which Section 122 of the Tax Code would apply. ISSUE: Whether or not NACOCO is a government entity. as used in the Tax Code. was exempt from the payment of the fees in question. It is thus a sovereign person with the people composing it viewed as an organized corporate society under a government with the legal competence to exact obedience to its commands. It is. it is required in line with Pound's formulation that it be a politically organized sovereign community independent of outside control bound by penalties of nationhood. Petitioners counter that NACOCO is not a government entity within the purview of section 16. On 30 October 1957.' used in the last proviso of Section 122 of the National Internal Revenue Code. During the pendency of Civil Case No. although not an international person in the sense of international law. as deficiency estate and inheritance taxes. refers to a government of that foreign power which. the Supreme Court remanded the case to the Court of Appeals for the reception of evidence or proofs on whether or not the words "bienes muebles". Plaintiffs complied with the request by delivering to Counsel Alikpala the needed transcript containing 714 pages and thereafter submitted to him their bills for the payment of their fees. With the latter requisite satisfied. Herein. the sum of P161. its people occupying a definite territory. international law do not exact independence as a condition of statehood. the Collector of Internal Revenue has not successfully made out a case. Alikpala. the Auditor General required the plaintiffs to reimburse said amounts on the strength of a circular of the DOJ it was expressed that NACOCO. Thus. On 30 May 1962. De Lara. being a government entity. politically organized. include or embrace "intangible personal property". not necessary that Tangier should have been recognized by our Government order to entitle the petitioner to the exemption benefits of the proviso of Section 122 of our Tax Code. therefore. Correctly has it been described by Esmein as "the juridical personification of the nation. requested said stenographers for copies of the transcript of the stenographic notes taken by them during the hearing. McIver similarly would point to the power entrusted to its government to maintain within its territory the conditions of a legal order and to enter into international relations. Campos Rueda elevated the case to the Supreme for review. The CTA held that "the expression 'foreign country.

'(8) Dealings of the state with foreign powers: the preservation of the state from external danger or encroachment and the advancement of its international interests. transmission. privileges. VALDEZ TAN KEH FACTS: Co Kim Chan had a pending civil case. proclamation No. On March 25. and regulations of trade and industry. initiated during the Japanese occupation. with the Court of First Instance of Manila. '(7) The determination of the political duties. Commonwealth Act No. 518). and relations of citizens. it was given a corporate power separate and distinct from our government. '(3) The regulation of the holding. The principles deter mining whether or not a government shall exercise certain of these optional functions are: (1) that a government should do for the public welfare those things which private capital would not naturally undertake and (2) that a government should do these things which by its very nature it is better equipped to administer for the public welfare than is any private individual or group of individuals. The court further held that: . '(2) The fixing of the legal relations between man and wife and between parents and children.3 was issued providing the basis of the Aquino government assumption of power by stating that the "new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines. without an enabling law. Judge Arsenio Dizon refused to continue hearings on the case. however. public charity. ISSUE: Whether or not judicial proceedings and decisions made during the Japanese occupation were valid and remained valid even after the American occupation. President Corazon Aquino issued Proclamation No. 1986. health and safety regulations. AQUINO FACTS: On February 25. 1 announcing that she and Vice President Laurel were taking power. LAWYER’S LEAGUE VS. While it was organized with the purpose of "adjusting the coconut industry to a position independent of trade preferences in the United States" and of providing "Facilities for the better curing of copra products and the proper utilization of coconut by-products".HELD: GOCCs do not acquire that status for the simple reason that they do not come under the classification of municipal or public corporation.'" The most important of the ministrant functions are: public works. ** President Wilson enumerates the constituent functions as follows: "'(1) The keeping of order and providing for the protection of persons and property from violence and robbery. saying that a proclamation issued by General Douglas MacArthur had invalidated and nullified all judicial proceedings and judgments of the courts of the Philippines and. '(5) The definition and punishment of crime. '(4) The determination of contract rights between individuals. ordering him to take cognizance of and continue to final judgment the proceedings in civil case no. After the Liberation of the Manila and the American occupation. 1986. public education." ISSUE: Whether or not the government of Corazon Aquino is legitimate? HELD: Yes. CO KIM CHAN VS. lower courts have no jurisdiction to take cognizance of and continue judicial proceedings pending in the courts of the defunct Republic of the Philippines (the Philippine government under the Japanese). and the determination of its liabilities for debt or for crime. HELD: Writ of mandamus issued to the judge of the Court of First Instance of Manila. and interchange of property. It may sue and be sued in the same manner as any other private corporations. 3012. '(6) The administration of justice in civil cases. a function which our government has chosen to exercise to promote the coconut industry. Take for instance the NACOCO. The legitimacy of the Aquino government is not a justifiable matter but belongs to the realm of politics where only the people are the judge. for it was made subject to the provisions of our Corporation Law in so far as its corporate existence and the powers that it may exercise are concerned (sections 2 and 4. and in this sense it is an entity different from our government.

for as long as the resignation is clear. ANIANO DISIERTO FACTS: After the sharp descent from power of Chavit Singson. he emphasized he was leaving the Palace without the mention of any inability and intent of reassumption. Whether the impeachment proceedings bar the petitioner from resigning RULING: 1. its commands paramount. in effect. House Speaker Villar transmitted the Articles of Impeachment signed by 115 representatives or more than 1/3 of all the members of the House to the Senate. 2. the answer to which has far-reaching implications. He would dispute the payment of the income tax assessed on him by respondent Commissioner of Internal Revenue on an amount realized by him on a sale of his automobile to a member of the United States Marine Corps. express or implied. there is a diminution of its sovereignty. he expressed his gratitude to the people. it has to be exclusive. that in legal contemplation the sale was made outside Philippine territory and therefore beyond our jurisdictional power to tax. bars him from resigning is not affirmed by the Court. Calls for resignation filled the air and former allies and members of the President‘s administration started resigning one by one. Necessarily. likewise. and everyone to whom it applies must submit to its terms. and the proceedings were postponed indefinitely. ISSUES: 1. That is the extent of its jurisdiction. ISSUE: Whether or not the sale was made outside the Philippine territory and therefore beyond our jurisdictional function to tax. It is not merely a de facto government but in fact and law a de jure government. On January 20. Its laws govern therein. If it were not thus. Arroyo took oath as President of the Philippines. and the petitioner resigned as investigation that. there must be an intent to resign and the intent must be coupled by acts of relinquishment which may be oral or written. The exact nature of an impeachment proceeding is debatable. he went on air and accused the petitioner of receiving millions of pesos from jueteng lords. It is his contention. There is no portion there of that is beyond its power. he acknowledged the oath-taking of Arroyo as President. submit to a restriction of its sovereign rights. express or implied. There may thus be a 2. REAGAN v CIR FACTS: A question novel in character. Reagan. its authority may be exercised over its entire domain. under section 12 of RA 3019. its decrees are supreme. 2. is raised by petitioner William C. In the press release containing his final statement. The impeachment trial formally opened which is the start of the dramatic fall from power of the President. which is most evident in the EDSA Dos rally. Thereafter. This is of high grade evidence of his intent to resign.1. Within its limits. The community of nations has recognized the legitimacy of the new government JOSEPH ESTRADA VS. the public and private prosecutors walked out. seriously and earnestly pressed. at one time a civilian employee of an American corporation providing technical assistance to the United States Air Force in the Philippines. The people have accepted the Aquino government which is in effective control of the entire country. the public prosecutors filed their Manifestation of Withdrawal of Appearance. the President submitted two letters – one signifying his leave from the Palace and the other signifying his inability to exercise his powers pursuant to Section 11. But even assuming arguendo that it is an administrative proceeding. In a session on November 13. and 3. he assured will not shirk from any future challenge that may come ahead in the same service of the country. HELD: The Court held that nothing is better settled than that the Philippines being independent and sovereign. Whether President. It is to be admitted that any state may. both territorial and personal. the transaction having taken place at the Clark Field Air Base at Pampanga. it cannot be considered pending at the time petitioner resigned because the process already broke down when a majority of the senator-judges voted against the opening of the second envelope. There was. Article VII of the Constitution. Petitioner‘s contention impeachment proceeding is an that the administrative . For a resignation to be legally valid. no impeachment case pending against the petitioner when he resigned. by its consent.

Necessarily. That is the extent of its jurisdiction. They were later assigned at the US Naval Base in Olongapo City in 1962." 16 The opinion was at pains to point out though that even then. it by no means follows that such areas become impressed with an alien character." 7 A state then. Its jurisdiction may be diminished. it has to be exclusive. Zambales. They hold American passports and are . Within its limits. They are still subject to its authority. she in effect seek to emasculate the State's sovereign rights by the assertion that the latter cannot exercise therein administrative jurisdiction. 'is the property of a state-force due to which it has the exclusive capacity of legal self-determination and selfrestriction. They stayed here in the Philippines until they were repatriated by the US in 1945. They are still subject to its authority. The Philippine Government retains not only jurisdictional lights not granted. So it is with the bases under lease to the American armed forces by virtue of the military bases agreement of 1947. Thus: "Nothing is better settled than that the Philippines being independent and sovereign. Its jurisdiction may be diminished. They retain their status as native soil. If it does so. Nor does the matter end there. Nor does the matter end there. There may thus be a curtailment of what otherwise is a power plenary in character. PEOPLE V GOZO FACTS: Appellant seeks to set aside a judgment of the Court of First Instance of Zambales. not it appearance. which. They are not and cannot be foreign territory. It is not precluded from allowing another power to participate in the exercise of jurisdictional right over certain portions of its territory. express or implied. If it does so. repair or demolition thereof. Its laws govern therein. The words employed follow: "Its laws may as to some persons found within its territory no longer control. While yielding to the well-settled doctrine that it does not thereby cease to be Philippine territory. If it were not thus. HELD: The Philippine Government has not abdicated its sovereignty over the bases as part of the Philippine territory or divested itself completely of jurisdiction over offenses committed therein. by its consent. submit to a restriction of its sovereign rights. may refrain from the exercise of what otherwise is illimitable competence. She questions its validity on the pretext that her house was constructed within the naval base leased to the American armed forces. Its laws may as to some persons found within its territory no longer control. Under the terms of the treaty. They retain their status as native soil. "is the property of a state-force due to which it has the exclusive capacity of legal selfdetermination and self-restriction. likewise. That is the concept of sovereignty as auto-limitation. but it does not disappear. which. So it is with the bases under lease to the American armed forces by virtue of the military bases agreement of 1947. its commands paramount. alteration. it by no means follows that such areas become impressed with an alien character." CIR VS ROBERTSON FACTS: Frank and James Robertson (brothers) were American citizens born in the Philippines. in the succinct language of Jellinek." Then came this paragraph dealing with the principle of autolimitation: "It is to be admitted that any state may. there is a diminution of it sovereignty. the United States Government has prior or preferential but not exclusive jurisdiction of such offenses.curtailment of what otherwise is a power plenary in character. its authority may be exercised over its entire domain. There is no portion thereof that is beyond its power. its decrees are supreme. It is not precluded from allowing another power to participate in the exercise of jurisdictional right over certain portions of its territory.' A state then. requiring a permit from the municipal mayor for the construction or erection of a building. and everyone to whom it applies must submit to its terms. if it chooses to. That is the concept of sovereignty as auto-limitation. They are not and cannot be foreign territory. Soon after they were employed by the US Federal Government as workers in the US Navy. there is at the most diminution of jurisdictional rights." There was a reiteration of such a view in Reagan. but also all such ceded rights as the United States Military authorities for reasons of their own decline to make use of. the second from the express provisions of the treaty. as well as any modification. may refrain from the exercise of what otherwise is illimitable competence. if it chooses to. convicting her of a violation of an ordinance of Olongapo. The first proposition is implied from the fact of Philippine sovereignty over the bases. but it does not disappear. both territorial and personal. ISSUE: Whether or not the State can exercise administrative jurisdiction within the naval base leased by the Philippines to the American armed forces. Thereafter they established their domicile in California. in the succinct language of Jellinek.

COMELEC FACTS: On 22 December 1979. and the income derived is from the U. residing in the Philippines by reason of such employment. They vigorously assail Section 3 of BP 51. excluding 18 cities (including Cebu and Mandaue) from participating in the election of provincial officials. although the Charter of Cebu City allows the qualified voters of the city to vote in the election of the provincial officials of the Province of Cebu. of the bases. the burden of proof of such exemption to taxation shall be upon the respondents. Alejandro R. Cities with smaller income need the continued support of the provincial government thus justifying the continued participation of the voters in the election of provincial officials in some instances. and political unit. Article XVIII of RA 5519 (Charter of Mandaue). It would have been discriminatory and a denial of the equal protection of the law if the statute prohibited an individual or group of voters in the city from voting for provincial officials while granting it to another individual or group of voters in the same city. It would also show whether the city has sufficient economic or industrial activity as to warrant its independence from the province where it is geographically situated. The revenue of a city would show whether or not it is capable of existence and development as a relatively independent social. To implement this Act.S. operation or defense of the US Bases here as provided by the MBA. COMELEC adopted Resolution 1421. Ceniza. the City of Cebu is classified as a highly urbanized city and the voters thereof cannot take part in the election of the elective provincial officials of the province of Cebu. Such being the case. prohibiting the National Treasurer to release public funds and the Commission on Audit (COA) to pass in audit said funds in connection with and for the purpose of holding the local elections. But the registered voters of the city cannot vote for the provincial elective officials because its Charter expressly provides that the registered voters of the city cannot participate in the election of the provincial officials of the Province of Cebu. the Interim Batasang Pambansa enacted Batas Pambansa 51 providing for local elections on 30 January 1980. the Commissioner contends that the respondents are subject to taxation because their residence here in the Philippines is not by reason of their employment in connection with the construction. maintenance. The CIR claims that the respondents have properties here in the Philippines and that James Robertson is even a retiree and is currently living in Olongapo City with his family. HELD: The equal protection of the law contemplates equality in the enjoyment of similar rights and privileges granted by law. The classification of cities into highly urbanized cities and component cities on the basis of their regular annual income is based upon substantial distinction. ISSUE: Whether or not Respondents are exempt from taxation. and after hearing render Section 3 of BP 885 void. operation or defense. These cities being independent of the province in the administration of their affairs leaves the provincial government without governmental supervision over highly urbanized cities. They prayed that a restraining order to temporarily prohibit the election for Provincial Governor and elective provincial officials in Cebu. In order to avail oneself of the tax exemption under the RP-US Military Bases Agreement: he must be a national of the United States employed in connection with the construction. it is but just and proper to limit the selection and election of the provincial officials to the voters of the province whose interests are vitally affected CENIZA V. Alinsug filed the petition for prohibition and mandamus with a prayer for a writ of preliminary injunction. Ramon B. maintenance. The City of Mandaue is classified as a component city. Said circumstances are all present in the case at bar. and RA 5519 (Charter of Mandaue City). except to be a candidate therefor. which uses the annual income of a given city as the basis for classification of whether or not a particular city is a highly urbanized city whose voters may not participate in the election of provincial officials of the province where the city is geographically located.. as taxpayers and registered voters in the Cities of Cebu and Mandaue. HELD: The law and the facts of the case are so clear that there is no room left for doubt the validity of private respondents' defense. Cabilao Jr. Nelso J. Furthermore. On the other hand. economic. Federico C. ISSUE: Whether the exclusion of inhabitants of highly urbanized cities and component cities from electing provincial government officials violate the equal protection of law. Because of its income. 2 of PI-US Military Bases Agreement of 1947).admitted as special temporary visitors under the Philippine Immigration Act of 1940. Rosal and . which went into effect without the benefit of ratification by the residents of Mandaue in a plebiscite or referendum. XII par. Government (Art. as well as Section 96.

Wherefore. Emiliana Santos and 5/7 undivided share for Leoncio Santos. Petitioners demand for the accounting of the payments for the rentals of the lot and to give to the portion of the fruits of the rentals according to their portion of the said lot." under Executive Order No. They also prayed to restore to their ownership the portions of the said land that belongs to them contending that the said contract of sale is null and void because it is performed without their consent and to pay the petitioners for damages and cost. The same postulate may be applied to torts committed by officers or agents of the state. thirty of whose affiliated members were working and under the employ of the respondent. that the respondent "is a semi-governmental transportation entity. express provisions in Charter of a City may exclude registered voters of the city from voting for the provincial officials of the province. Further. PAREDES FACTS: Prior to the Court of Industrial Relations a petition was filed in case No. It is an office "under the supervision and control of the Secretary of Public Works and Communications. through its officers or agents. unincorporated and possessing no juridical personality under the law. Metran filed a petition for the dismissal of the case "on the ground that it belongs to the Republic of the Philippines and as such. having nine demands at length set forth in said petition be granted. the action would not be against the state but against the responsible officers or agents who received what was not due the state or made the unauthorized collection. 36-V entitled "National Labor Union. Petitioners complained that from 1945 to 1949 Leoncio Santos collected from the Army of the United States of America rentals for the use and occupation of a parcel of land and later sold the lot the Administrator of the Civil Aeronautics Administration on or about 13 May 1949. incapable of suing or being sued and that a claim against it would in effect be a suit against the Government. METRAN VS. The practice of allowing voters in one component city to vote for provincial officials and denying the same privilege to voters in another component city is a matter of legislative discretion which violates neither the Constitution nor the voter‘s right of suffrage.and exclude therefrom the voters of highly urbanized cities. in furtherance of a legitimate aim and purpose and pursuant to constitutional legislative authority. the court held that Metran was a mere office or agency of the government. whereby mutual or reciprocal benefits accrue and rights and obligations arise therefrom. which suit may not prosper without the Government's consent. ISSUE: Whether or not Metran can be able to invoke the Doctrine of State Immunity. it cannot be sued". If there should be anything demandable which had been paid or delivered to or collected by officers or agents of the state without the authority of law. Province of Rizal with an area of 21. This motion was granted on the ground that the Civil Aeronautics Administration not being a juridical person has no capacity to sue and be sued and for that reason it cannot come under the jurisdiction of the court. 59.577 square meters was owned by the petitioners and the respondent in the proportion of 1/7 undivided share for Teodora Santos and 1/14 undivided share each for Josefina Santos and . Nevertheless. because by entering into a contract the sovereign state has descended to the level of the citizen and its consent to be used is implied from the very act SANTOS V. if." wherein petitioner alleged that it was a legitimate labor organization. where and when the state or its government enters into a contract. The Administrator of the Civil Aeronautics Administration moved to dismiss the complaint for lack of jurisdiction and insufficiency of the complaint against him. popularly known as `Metran. the state itself may be sued even without its consent. ISSUE: Whether or not the petitioners can sue the Civil Aeronautics Administration who is not a juridical entity. HELD: An obligation or liability of the state created by statute is enforceable against the officer or agent charged with the duty to execute the law. RULING: Yes. versus Metropolitan Transportation Service (Metran). SANTOS FACTS: An undivided parcel of land situated in the Municipality of Las Piñas. Punishable acts or omissions committed by officers or agents of the state are crimes and violations of law perpetuated by such officers or agents and not by the state. and if the law granting the authority to enter into such contract does not provide for or name the officer against whom action may be brought in the event of a breach thereof.

as well as for damages against the DA and the security agency. G. completion of proceedings anterior to the stage of execution‘ and that the power of the Courts ends when the judgment is rendered. cannot legally prevent a party or parties from enforcing their propriety rights under the cloak or shield of lack of juridical personality. HELD: It was ruled that public funds cannot be the object of garnishment proceedings even if the consent to be sued had been previously granted and even if the State liability had been adjudged. HELD: The basic postulate enshrined in the Constitution that ―the State may not be sued without its consent‖ reflects nothing less than a recognition of the sovereign character of the State and an express affirmation of the unwritten rule effectively insulating it from the jurisdiction of courts. In National Airports Corporation vs. No cost shall be taxed. If the dignity of the state. the decision became final and executory. to wit. Thereafter. NLRC FACTS: Petitioner Department of Agriculture (DA) and Sultan Security Agency entered into a contract for security services to be provided by the latter to the said governmental entity. Disbursements of public funds must be covered by the corresponding appropriation as required by law. night shift differential pay. FACTS: A writ of execution (a writ to put in force the sentence that the law has given) was issued by the court against the funds of the Armed Forces of the Philippines to satisfy a judgment rendered against the Philippine Government. the City Sheriff levied on execution the motor vehicles of the DA. because it took over all the powers and assumed all the obligations of the defunct corporation which had entered into the contract in question. Teodoro*.R. DEPARTMENT OF AGRICULTURE VS. The Labor Arbiter issued a writ of execution to enforce and execute the judgment against the property of the DA and the security agency. 30 April 1952. The universal rule that where the State gives its consent to be sued by private parties either by general or special law. The Labor Arbiter rendered a decision finding the DA jointly and severally liable with the security agency for the payment of money claims of the complainant security guards. the sacredness of the institution. several guards filed a complaint for underpayment of wages. uniform allowances. ISSUE: Whether or not the doctrine of non-suability of the State applies in the case. The DA and the security agency did not appeal the decision. Thus. guards were deployed by Sultan Security Agency in the various premises of the DA. It is based on the very essence of sovereignty. we held that the Civil Aeronautics Administration may be sued and that the principle of state immunity from suit does not apply to it. holiday pay. the legislative department should name the officer or agent against whom the action may be brought in the event of breach of the contract entered into under its name and authority. The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects. the respect for to the are to be preserved and the dragging of its name in a suit to be prevented. even if it is not a juridical entity. and overtime pay. nonpayment of 13th month pay. L-5122. A sovereign is exempt from suit based on the logical and practical ground that there can be no legal right as against the authority that makes the law REPUBLIC VILLASOR OF THE PHILIPPINES VS. the descent of the sovereign state to the level of the individual or citizen with whom it entered into a contract and its consent to be sued implied from the act of entering into such contract. issued by respondent judge. who is aggrieved by the breach of the contract. to bring an action against the state itself for the reasons already adverted to. ISSUE: Whether or not the writ of execution. it may limit claimant‘s action ‗only up to the . And the omission or failure of the legislative department to do so is no obstacle or impediment for an individual or citizen. No. The order appealed from dismissing the complaint as to the Civil Aeronautics Administration is reversed and the case remanded to the lower court for further proceedings in accordance with law. Thereafter. is based on obvious considerations of public policy. since government funds and properties may not be seized under writs of execution or garnishment to satisfy such judgments. is valid.of entering into such contract. The Civil Aeronautics Administration. as appropriated by law. Pursuant to their arrangements.

or when it enters into a contract. The Secretary of Agriculture and Natural Resources revokes Tan‘s timber license. But. Petitioner-appellant. 1980. nor that it could have. in his petition. which dismissed the complaint of respondent Pablo Feliciano for recovery of ownership and possession of a parcel of land on the ground of non-suability of the State. Feliciano alleged that he bought the property in question from Victor Gardiola by virtue of a Contract of Sale dated May 31. to Commonwealth Act 327. that Gardiola had acquired the property by purchase FACTS: The Bureau of Forestry issued Notice No. for the recovery of ownership and possession of a parcel of land. A State may be said to have descended to the level of an individual and can this be deemed to have actually given its consent to be sued only when it enters into business contracts. FELICIANO FACTS: Petitioner seeks the review of the decision of the Intermediate Appellate Court dated April 30. consisting of four (4) lots with an aggregate area of 1. who issued Executive Proclamation No. is conceded when the State itself commences litigation. the failure of the petitioner-appellant to take that appeal is failure on his part to exhaust all available administrative remedies. in fact. Branch VI.364. Considering that the President has the power to review on appeal the orders or acts of the respondents. TAN vs. 1954. Implied consent. 238 withdrawing the area from private exploitation. The rule is not really absolute for it does not say that the State may not be sued under any circumstances. ISSUE: Whether or not petitioner has exhausted all administrative remedies before filing his petition to the Supreme Court. alleged that he has exhausted all his administrative remedies to no avail as respondentsappellees have failed. anomalous and contrary to existing forestry laws. the DA has not pretended to have assumed a capacity apart from its being a governmental entity when it entered into the questioned contract. Petitioner did not appeal the order of the respondent Secretary of Agriculture and Natural Resources to the President of the Philippines. In this situation. DIRECTOR OF FORESTRY Natural Resources praying that the license issued in the name of petitioner be cancelled or revoked on the ground that the grant thereof was irregular. distinction must still be made between one which is executed in the exercise of its sovereign function and another which is done in its proprietary capacity. It does not apply where the contract relates to the exercise of its sovereign functions. But not all contracts entered into by the government operate as a waiver of its nonsuability. 2087. 3083 gives the consent of the State to be sued upon any moneyed claim involving liability arising from contract. On January 22. on the other hand. REPUBLIC V. Herein petitioner-appellant Wenceslao Vinzons Tan submitted his application after paying the necessary fees and posting the required bond therefore. 1952.on which the right depends.4177hectares. His motion for reconsideration was denied. Pursuant. Nine other applicants submitted their offers before the deadline. In the case. Ravago Commercial Company wrote a letter to the Secretary of Agriculture and . however. as amended by PD 1145. Zambales. One of the bidders. dated August 21. and establishing it as the Olongapo Watershed Forest Reserve. Camarines Sur.followed by a Deed of Absolute Sale on October 30. the government is deemed to have descended to the level of the other contracting party and to have divested itself of its sovereign immunity. represented by the Land Authority. performed any act proprietary in character. The State‘s consent may be given expressly or impliedly. 1985 reversing the order of the Court of First Instance of Camarines Sur. The Supreme Court affirmed the decision of the CFI. Express consent may be made through a general law or a special law. be that as it may. Hence. Feliciano filed a complaint with the then Court of First Instance of Camarines Sur against the RP. The State may at times be sued. the claims of the complainant security guards clearly constitute money claims. 1970. Municipality of Tinambac. neglected. the money claim must first be brought to the Commission on Audit. express or implied. However. it was not signed by the Secretary of Agriculture and Natural Resources as required. situated in the Barrio of Salvacion. rules and regulations. Act No. this petition. advertising for public bidding a certain tract of public forest land situated in Olongapo. Thereafter he was given an Ordinary Timber License. The proposed area was awarded to petitioner. refused and continue to refuse to allow petitioner-appellant to continue operation in the area covered by his timber license. thus opening itself to a counterclaim. HELD: NO.

from the heirs of Francisco Abrazado whose title to the said property was evidenced by an informacion posesoria that upon his purchase of the property. Reconstitution can be validly made only in case of loss of the original. However. under the administration of the National Resettlement and Rehabilitation Administration (NARRA). consequently. to be difficult employees to supervise.364. However. a-letter from petitioner Moreau was sent to the Chief of Naval Personnel explaining the change of the private respondent's employment status. either expressly or by implication through the use of statutory language too plain to be misinterpreted. he took actual possession of the same. However. RULING: No. The letter contained the statements that: a ) "Mr. will not be inferred lightly." Before the start of the grievance hearings. The hearing officer recommended for reinstatement of their permanent full-time status. the Proclamation is not a legislative act. Department of Defense.On November 1. A suit against the State. that the property in question. introduced various improvements there in and caused it to be surveyed in July 1952." b) "Messrs.S." and c) "even though the grievants were under oath not to discuss the case with anyone. was the private property of Feliciano and should therefore be excluded there from. President Ramon Magsaysay issued Proclamation No. as well as other purportedly old Spanish titles. that the informacion posesoria registered in the Office of the Register of Deed of Camarines Sur on September 23. Petitioner Moreau was the commanding officer of the Subic Naval Base. VERIDIANO FACTS: Petitioner Sanders was the special services director of the U. started sub-dividing and distributing the land to the settlers." whereas the land claimed by respondent Feliciano comprises 1. as pointed out by the Solicitor General. 90. the motion was denied on the main ground that the petitioners had not presented any evidence that their acts were official in nature. which survey was approved by the Director of Lands on October 24. Addt l: Worthy of note is the fact. in a letter addressed to petitioner Moreau. except upon a showing that the State has consented to be sued. Pablo Feliciano. a tract of land situated in the Municipalities of Tinambac and Siruma. Camarines Sur. These circumstances raise grave doubts as to the authenticity and validity of the "informacion posesoria" relied upon by respondent Feliciano. Private respondent Rossi and Wyer were both employed as game room attendants in the special services department of the NAVSTA. ―without the submission of proof that the alleged duplicate was authentic or that the original thereof was lost. Sanders disagreed with the hearing officer's report. 1954. It may be invoked by the courts sua sponte at any stage of the proceedings.4177 hectares. Adding to the dubiousness of said document is the fact that "possessory information calls for an area of only100 hectares.364. it was "reconstituted from the duplicate presented to this office (Register of Deeds) by Dr. Rossi tends to alienate most coworkers and supervisors. 1952 was a "reconstituted ―possessory information. 90 reserving for settlement purposes. the Land Authority. Courts should be wary in accepting "possessory information documents. the court had no jurisdiction over them under the doctrine of state immunity. 1975. Naval Station.S. according to their immediate supervisors. private respondent filed for damages alleging that the letters contained libelous imputations and that the prejudgment of the grievance proceedings was an invasion of their personal and proprietary rights. the private respondents were advised that their employment had been converted from permanent full-time to permanent part-time. after which the NARRA and its successor agency. Waiver of immunity.4177 hectares. On October 3. Waiver of State immunity can only be made by an act of the legislative body. So. They instituted grievance proceedings to the rules and regulations of the U. SANDERS VS. later reduced to 701-9064 hectares. as proof of alleged ownership of lands. Feliciano prayed that he be declared the rightful and true owner of the property in question consisting of 1. The consent of the State to be sued must emanate from statutory authority. Rossi and Wyers have proven. that his title of ownership based on informacion posesoria of his predecessor-in-interest be declared legal valid and subsisting and that defendant be ordered to cancel and nullify all awards to the settlers. Private respondent Rossi is an American citizen with permanent residence in the Philippines. 1954. under settled jurisprudence is not permitted. while located within the reservation established under Proclamation No. But must be construed in strictissimi juris (of strictest right). ISSUE: Whether or not the State can be sued for recovery and possession of a parcel of land. (they) placed the records in public places where others not involved in the case could hear. Moreover. . being a derogation of sovereignty. petitioners argued that the acts complained of were performed by them in the discharge of their official duties and that.

255.). undoubtedly had supervision over its personnel." Our adherence to this precept is formally expressed in Article II. gross negligence. thus making the action a suit against that government without its consent. This will require that government to perform an affirmative act to satisfy the judgment. including the private respondents. Thus. VMPSI filed a civil case against the PC chief and PC-SUSIA (Philippine Constabulary Supervisory Unit for Security and Investigation Agencies). as Holmes put it. HELD: Yes. Inc. ISSUE: Whether or not VMPSI s complaint against the PC Chief and PC-SUSIA is a suit against the State without its consent. By the same token. not from a mere memorandum. or beyond the scope of his authority or jurisdiction. since the acts for which the PC Chief and PC-SUSIA are being called to account in this case. Furthermore. the appropriation of the necessary amount to cover the damages awarded. Section 2.00 within Metro Manila and P2. viz. 1986. the doctrine of state immunity. Without such consent. or bad faith. On May 12. PADPAO found VMPSI guilty of cut-throat competition when it charged Metropolitan Waterworks and Sewerage System lower than the standard minimum rates provided in the MOA. In the case of foreign states. as in the present case. PC Chief and PC-SUSIA filed a motion to dismiss on the grounds that the case is against the State which had not given consent thereto.00 outside of Metro Manila. a Memorandum of Agreement was executed by PADPAO and the PC Chief. VMPSI questions the provision on requiring all private security agencies or company security forces to register as members of any PADPAO chapter organized within the region. is that "there can be no legal right against the authority which makes the law on which the right depends. the rule is derived from the principle of the sovereign equality of states which wisely admonishes that par in parem non habet imperium and that a contrary attitude would "unduly vex the peace of nations. The practical justification for the doctrine. it is that government and not the petitioners personally that is responsible for their acts. Inc. as director of the special services department of NAVSTA. the Supreme Court agrees with the Court of Appeals that the Memorandum of Agreement dated May 12. VETERANS APPEAL MANPOWER VS COURT OF . The consent of the State to be sued must emanate from statutory authority. the mere invocation of official character will not suffice to insulate him from suability and liability for an act imputed to him as a personal tort committed without or in excess of his authority. if appropriate. where we reiterate from our previous charters that the Philippines "adopts the generally accepted principles of international law as part of the law of the land. the petitioners were being sued as officers of the United States government because they have acted on behalf of that government and within the scope of their authority. such award will have to be satisfied not by the petitioners in their personal capacities but by the United States government as their principal.ISSUE: Whether or not the petitioners were performing their official duties? RULING: Yes. without malice. These well-settled principles are applicable not only to the officers of the local state but also where the person sued in its courts pertains to the government of a foreign state. FACTS: VMPSI (Veterans Manpower and Protective Services. WHEREFORE. which fixed the minimum monthly contract rate per guard for 8hours of security service per day at P2. Furthermore. of our Constitution. Sanders. Given the official character of the letters. the petition is GRANTED. As a result.215. Assuming that the trial can proceed and it is proved that the claimants have a right to the payment of damages. a legislative act. A public official may sometimes be held liable in his personal or private capacity if he acts in bad faith. no recovery may be had against them in their private capacities. the trial court did not acquired jurisdiction over the public respondents. hence. It is stressed at the outset that the mere allegation that a government functionary is being sued in his personal capacity will not automatically remove him from the protection of the law of public officers and. PADPAO refused to issue a clearance/certificate of membership to VMPSI.) alleges that the provisions of RA 5487(Private Security Agency Law) violate the provisions of the Constitution against monopolies. however. were performed as part of their official duties. unfairc ompetition and combinations of restraint of trade and tend to favor and institutionalize the PADPAO(Philippine Association of Detective and Protective Services. 1986 does not constitute an implied consent by the State to be sued.

where she had purchasing privileges. •July 6. SC granted TRO enjoining RTC from enforcing decision. REYES FACTS: •Respondent Nelia Montoya. She‘s married to Edgardo Montoya. UNITED STATES OF AMERICA VS. Nothing irregular was found thus she was allowed to leave afterwards. She claims that she has been exposed to contempt & ridicule causing her undue embarrassment & indignity. necessary for the establishment. Mrs. power & authority w/in the bases. 2 & 4(b) of NAVRESALEACT SUBIC INST. She claims that: (1) search was outside NEX JUSMAG store thus it‘s improper. an American Citizen. Montoya can‘t recall any circumstance that would trigger suspicion of a wrong-doing on her part. Motion granted by RTC. reckless. •Jan. worked as an ID checker at the US Navy Exchange (NEX) at the US Military Assistance Group (JUSMAG) headquarters in Quezon City. Bradford can‘t rely on sovereign immunity. 22. 5500. employees. •Montoya filed a suit against Bradford for damages due to the oppressive & discriminatory acts committed by petitioner in excess of her authority as store manager. Kennedy then performed the search on her person. (4) the Court can inquire into the factual circumstances of case to determine WON Bradford acted w/in or outside her authority. (2) due to excess in authority and since her liability is personal. She was awarded P300k for moral damages. Bradford filed a Petition for Restraining Order. RTC ruled in favor of Montoya claiming that search was unreasonable. use & operation & defense thereof. After shopping & while she was already at the parking lot. It will also use facilities & areas w/in bases & will have effective command over the facilities. •Montoya filed a formal protest w/Mr. Roynon but no action was taken. she along with USA government filed a motion to dismiss on grounds that: (1) this is a suit against US w/c is a foreign sovereign immune from suit w/o its consent and (2) Bradford is immune from suit for acts done in the performance of her official functions under Phil-US Military Assistance Agreement of 1947 & Military Bases Agreement of 1947. •RTC granted Montoya‘s motion for the issuance of a writ of preliminary attachment and later on issued writ of attachment opposed by Bradford. equipment & material. 1987 – Montoya filed a motion for preliminary attachment claiming that Bradford was about to leave the country & was removing & disposing her properties w/intent to defraud her creditors. Montoya allowed to present evidence & Bradford declared in default for failure to file an answer. •Montoya learned that she was the only person subjected to such search that day & she was informed by NEX Security Manager Roynon that NEX JUSMAG employees are not searched outside the store unless there is a strong evidence of a wrong-doing. Even if she were performing governmental acts. They claim that US has rights. Yong Kennedy. a Filipino-American serviceman employed by the US Navy & stationed in San Francisco. P100k for exemplary damages & P50k for actual expenses. Mrs. They further claim that checking of purchases at NEX is a routine procedure observed at base retail outlets to protect & safeguard merchandise. bags & car in front of Bradford & other curious onlookers. cash & equipment pursuant to par. •Petitioner Maxine is an American Citizen employed at the JUSMAG headquarters as the activity exchange manager. •May 13. Montoya approached Bradford to protest the search but she was told that it was to be made on all JUSMAG employees on that day. She claims that criminal acts of a public officer/employee are his private acts & he alone is liable for such acts. •Montoya claims that Bradford was acting as a civilian employee thus not performing governmental functions. She seeks for moral damages of P500k and exemplary damages of P100k. 1987 – Summons & complaint were served on Bradford but instead of filing an answer. she would still not be covered by the immunity since she was acting outside the scope of her authority. She is aware of Bradford‘s propensity to suspect Filipinos for theft and/or shoplifting. oppressive & against Montoya‘s liberty guaranteed by Consti. US personnel. She believes that this case is under RP courts‘ jurisdiction because act was done outside the .Petition for review is denied and the judgment appealed from is affirmed in toto. 1987 – Montoya opposed Bradford‘s motion to dismiss. 1987 – Montoya bought some items from the retail store Bradford managed. •July 14.1. unlawful & highly-discriminatory and beyond Bradford‘s authority. (3) Bradford‘s act was committed outside the military base thus under the jurisdiction of Philippine courts. She further claims that the act was not motivated by any other reason aside from racial discrimination in our own land w/c is a blow to our national pride & dignity. a fellow ID checker approached her & told her that she needed to search her bags upon Bradford‘s instruction.

The decision to transfer the property and the subsequent disposal thereof are likewise clothed with a governmental character. First of all. 31. 2. ROSARIO. such principles of International Law are deemed incorporated as part of the law of the land as a condition and consequence of our admission in the society of nations. but for the use of petitioner to construct thereon the official place of residence of the Papal Nuncio. Sec. Even without this affirmation. HELD: 1. JR. CA) Also.000 square meters located in the Municipality of Paranaque. NO. This will be regarded as a case against the state even if it has not be formally impleaded. These lots were sold to Ramon Licup. Second. 3 of the 1987 Constitution. RULING: As expressed in Section 2 of Article II of the 1987 Constitution. Petitioner did not sell the lot for profit or gain. Doctrine of state immunity is expressed in Art. In view of the refusal of the squatters to vacate the lots sold. It merely wanted to dispose of the same because the squatters living thereon made it almost impossible for petitioner to use it for the purpose of the donation. if petitioner has bought and sold lands in the ordinary course of real estate business. even diplomatic agents who enjoy immunity are liable if they perform acts . XVI. petitioner has denied that the acquisition and subsequent disposal of the lot were made for profit but claimed that it acquired said property for the site of its mission or the Apostolic Nunciature in the Philippines. This petition arose from a controversy over a parcel of land consisting of 6. USA vs. It‘s a different matter where the public official is made to account in his capacity as such for acts contrary to law & injurious to rights of plaintiff. However. outside their official functions (Art. But this is not all encompassing. In this case. Whether or not case at bar is a suit against the State. The Holy See is immune from suit for the act of selling the lot of concern is non-proprietary in nature. Action against officials by one whose rights have been violated by such acts is not a suit against the State w/in the rule of immunity of the State from suit. it does not fall under offenses where US has been given right to exercise its jurisdiction and Bradford does not possess diplomatic immunity. thus. She further claims that RP courts can inquire into the factual circumstances & determine WON Bradford is immune.territorial control of the US Military Bases. 16(b) of the 1953 Military Assistance Agreement creating the JUSMAG. Complicating the relations of the parties was the sale by petitioner of the lot of concern to Tropicana. (Shauf vs. State authorizes only legal acts by its officers. THE HOLY SEE VS. 2. Bradford was sued in her private/personal capacity for acts done beyond the scope & place of her official function. Vienna Convention on Diplomatic Relations). A public official is liable if he acted w/malice & in bad faith or beyond the scope of his authority or jurisdiction. The lot was acquired by petitioner as a donation from the Archdiocese of Manila. a dispute arose as to who of the parties has the responsibility of evicting and clearing the land of squatters. In the present case. Said lot was contiguous with two other lots. Guinto declared that USA is not conferred with blanket immunity for all acts done by it or its agents in the Philippines merely because they have acted as agents of the US in the discharge of their official functions. NO. Whether or not Bradford enjoys diplomatic immunity. surely the said transaction can be categorized as an act jure gestionis. It will not apply & may not be invoked where the public official is being sued in his private & personal capacity as an ordinary citizen. This immunity also applies to complaints filed against officials of the state for acts allegedly performed by them in discharge of their duties since it will require the state to perform an affirmative act such as appropriation of amount to pay damages. it falls w/in the exception to the doctrine of state immunity. we have adopted the generally accepted principles of International Law. This usually arises where the public official acts w/o authority or in excess of the powers vested in him. she is not among those granted diplomatic immunity under Art. The donation was made not for commercial purpose. The doctrine of state immunity cannot be used as an instrument for perpetrating an injustice. FACTS: ISSUE: 1. ISSUE: Whether the Holy See is immune from suit insofar as its business relations regarding selling a lot to a private entity.

.. He went to Manila International Airport to meet his future son-in-law. Under RA 776." But upon ocular inspection by the trial court. finding no reversible error. INTERMEDIATE APPLELATE COURT VS. The law here in effect adopts the standard supposed to be supplied by the imaginary conduct of the discreet paterfamilias of the Roman law. requires that CAA insure the safety of the viewers using it. Contributory Negligence Under Art. expanding. in the case under consideration. supra. of the Manila International Airport. As the plane was landing.. CA negligence on the part of the plaintiff. Smith. could not have reasonably foreseen the harm that would befall him. CONTRIBUTED to his own damage. 2179. was Honorary Consul General of Israel in the Philippines. or negligent in the man of ordinary intelligence and prudence and determines liability by that. the CAA should have thus made sure that no dangerous obstructions or elevations exist on the floor of the deck to prevent any undue harm to the public. It was there for no other purpose but to drain water on the floor area of the terrace. it was found that the terrace was in poor condition. a naturalized Filipino citizen. then he is guilty of negligence. contributory negligence contemplates a negligent act or omission on the part of the plaintiff.CIVIL AERONAUTICS ADMINISTRATION VS.. Could a prudent man. As these people come to look to where the planes and the incoming passengers are and not to look down on the floor or pavement of the viewing deck. who was the plaintiff in the case before the lower court. the step in question could not easily be noticed because of its construction. No. is always necessary before negligence can be held to exist. Hence they can be expected to take care only when there is something before them to suggest or warn of danger. While walking. Simke. The question as to what would constitute the conduct of a prudent man in a given situation must of course be always determined in the light of human experience and in view of the facts involved in the particular case. breaking his thigh bone in the process. constructing. The existence of the negligence in a given case is not determined by reference to the personal judgment of the actor in the situation before him. and are not supposed to be omniscient of the future. HELD: CAA contended that the elevation in question "had a legitimate purpose for being on the terrace and was never intended to trip down people and injure them.. blameworthy. He underwent a 3-hour operation and after recovery he filed a claim for damages against the Civil Aeronautics Administration (CAA). Even if the private respondent had been looking where he was going. Abstract speculations cannot be here of much value but this much can be profitably said: Reasonable men-overn their conduct by the circumstances which are before them or known to them. of the time. SO ORDERED. considering the attendant factual circumstances. considering the following test formulated in the early case of Picart v. 37 Phil. "the fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person. 1173. the Petition for review on certiorari is DENIED and the decision of the Court of Appeals in CA-G. a facility open to the public. 51172-R is AFFIRMED. p. which was the government entity in charge of the airport. foresee harm as a result of the course actually pursued' If so. The law considers what would be reckless." FACTS: Ernest E. the CAA is charged with the duty of planning. 813] The private respondent. equipping. They are not. which although not the proximate cause of his injury. maintenance. Reasonable foresight of harm. 809 (1918): The test by which to determine the existence of negligence in a particular case may be stated as follows: Did the defendant in doing the alleged negligent act use that reasonable care and caution which an ordinarily prudent man would have used in the same situation? If not. and of the place.R. The Court found no contributory PHILIPPINE NATIONAL RAILWAYS. it was the duty of the actor to take precautions to guard against that harm. he and his companions went to the viewing deck to watch the arrival of the plane. followed by the ignoring of the suggestion born of this prevision. "WHEREFORE.etc. Simke slipped on an elevation 4 inches high and fell on his back. ISSUE: Whether or not CAA was negligent." Here. Responsibility of CAA The SC held that pursuant to Art. Smith. [Picart v.. the obligation of the CAA in maintaining the viewing deck. designing.

In view of recent jurisprudence. driven by Rodolfo L.00 as moral damages to the heirs of Rhonda Brunty is proper.000.00 is awarded to the heirs of Rhonda Brunty. among other things. we find that an award of P500. together with her Filipino host Juan Manuel M. He was transferred to the Manila Doctor‘s Hospital. we rule in the negative. that respondents Pacifico Advincula. drove past a vehicle. who had suffered severe head injuries. Roberto Mendoza Ponciano Arganda and Teodulo Toleran were suspended pending result of an administrative investigation against them for breach of Civil Service rules and regulations petitions. and Mariano Ledesma the Director of the Bureau of Printing. daughter of respondent Ethel Brunty and an American citizen. 1980. is chargeable with the loss. or coercing the employees of the Bureau of Printing particularly the members of the complaining association petition. alleged.000. 1980. THE BUREAU OF PRINTING EMPLOYEES ASSOCIATION FACTS: The action in question was — upon complaint of the respondents Bureau of Printing Employees Association (NLU) Pacifico Advincula. T-71. that the Bureau of Printing has no juridical personality to sue and be sued. in the exercise of their right to self-organization an discriminating in regard to hire and tenure of their employment in order to discourage them from pursuing the union activities. 5 A certain James Harrow 6 brought Rhonda Brunty to the Central Luzon Doctor‘s Hospital in Tarlac.000. Mercelita. The doctrine of last clear chance states that where both parties are negligent but the negligent act of one is appreciably later than that of the other. at an unholy hour as 2:00 a. as a result of her daughter‘s death. was brought via ambulance to the same hospital. compensatory. Tarlac. the antecedent negligence of plaintiff does not preclude him from recovering damages caused by the supervening negligence of defendant. driving at approximately 70 km/hr. and moral damages. Prior to her departure. PNR Train No.000. Garcia. Ponciano Arganda and Teodulo Toleran — filed by an acting prosecutor of the Industrial Court against herein petitioner Bureau of Printing. Serafin Salvador and Mariano Ledesma denied the charges of unfair labor practices attributed to the and. it is imperative on the part of the PNR to provide adequate safety equipment in the area. 1981. As to whether or not the doctrine of last clear chance is applicable. It was about 12:00 midnight. more so. Mercelita. she. Garcia and Mercelita were already approaching the railroad crossing at Barangay Rizal. ISSUE: Whether or not PNR will be liable for damages. where she was pronounced dead after ten minutes from arrival. temperate damages of P25. that said Bureau of Printing is not an industrial concern engaged for the purpose of . The petitioners Bureau of Printing. When PNR did not respond. unaware of the railroad track up ahead and that they were about to collide with PNR Train No. The award of actual damages is deleted.000. and in lieu thereof. Roberto Mendoza.m. The proximate cause of the injury having been established to be the negligence of petitioner. T-71. HELD: CA held that a vehicle coming from the Moncada side would have difficulty in knowing that there is an approaching train because of the slight curve. the Acting Secretary of the Department of General Services. Considering the circumstances attendant in this case. Garcia. the one who had the last clear opportunity to avoid the loss but failed to do so. filed a complaint 9 for damages against the PNR before the RTC of Manila. BUREAU OF PRINTING VS. The complaint alleged that Serafin Salvador and Mariano Ledesma have been engaging in unfair labor practices by interfering with.00. January 24. indemnity of P50.m. came to the Philippines for a visit sometime in January 1980. On July 28. Thus. was on its way to Tutuban. Ethel Brunty sent a demand letter 8 to the PNR demanding payment of actual. by way of affirmative defenses. Ethel Brunty and Garcia. Rhonda Brunty. Mercelita was instantly killed when the Mercedes Benz smashed into the train. we hold that the above doctrine finds no application in the instant case.00 for the death of Rhonda Brunty and attorney‘s fees amounting to P50.. Stated differently. driven by Alfonso Reyes. and later to the Makati Medical Center for further treatment. Metro Manila 4 as it had left the La Union station at 11:00 p.00 is likewise proper. who had the last fair chance to prevent the impending harm by the exercise of due diligence. the two other passengers suffered serious physical injuries. Serafin Salvador. The award of moral damages is reduced to P500. January 25. Moncada.FACTS: Rhonda Brunty. By then. or where it is impossible to determine whose fault or negligence caused the loss. traveled to Baguio City on board a Mercedes Benz sedan with plate number FU 799.

For the Industrial Court now to take cognizance of the case filed before it. required by the National Government and such other work of the same character as said Bureau may. pp. The record also discloses that the instant case arose from the filing of administrative charges against some officers of the respondent Bureau of Printing Employees' Association by the Acting Secretary of General Services. 2657). by law or by order of the (Secretary of Finance) Executive Secretary. The defendants filed a motion to dismiss the complaint on the ground that not being persons under the law. the petition for a writ of prohibition is granted. VS. including work incidental to those processes. the resolution stating only that "the issue on the personality or lack of personality of the Bureau of Customs to be sued does not affect the jurisdiction of the lower court over the subject matter of the case. that defendant Bureau of Customs as operator of the arrastre service at the Port of Manila. is a person. and is "charged with the execution of all printing and binding. damages. Neither the Bureau of Customs nor (a fortiori) its function unit. filed suit in the Court of First Instance of Manila against the Customs Arrastre Service and the Bureau of Customs to recover the value of the undelivered case in the amount of P18. the Customs Arrastre Service. 1964. Office of the President. by law or by order MOBIL PHILIPPINES EXPLORATION. required by the National Government and such other work of the same character as said Bureau may. Appellant contends that not all government entities are immune from suit. the Bureau of Printing cannot be sued. (2) a juridical person or (3) an entity authorized by law to be sued. As such instrumentality of the Government.37 plus other . They are merely parts of the machinery of Government. ISSUE: Whether or not the petitioners be sued. HELD: Thus. INC. but not that the Bureau of Customs can be sued. dismissed the complaint on the ground that neither the Customs Arrastre Service nor the Bureau of Customs is suable. can be sued by private individuals. be authorized to undertake. 81. Said issue of suability was not resolved. After plaintiff opposed the motion. the ruling therein was that the Court of Industrial Relations had jurisdiction over the subject matter of the case. The Bureau of Printing is an office of the Government created by the Administrative Code of 1916 (Act No. ISSUE: Whether or not defendant is immnue from suit. It follows that the defendants herein cannot he sued under the first two abovementioned categories of natural or juridical persons. Record an Appeal). 862 of November 9.. the court. is discharging proprietary functions and as such. HELD: Indeed. Revised Administrative Code). CUSTOMS ARRASTRE SERVICE FACTS: Mobil Philippines Exploration. the Heads of Departments and Bureaus are authorized to institute and investigate administrative charges against erring subordinates. The Bureau of Customs is a bureau under the Department of Finance (Sec.. on April 25. Inc. with costs against respondents other than the respondent court. defendants cannot be sued. including work incidental to those processes. Office of the President. Under the law. 13-15. the Customs Arrastre Service is a unit of the Bureau of Custom. without any corporate or juridical personality. The orders complained of are set aside and the complaint for unfair labor practice against the petitioners is dismissed. grave misconduct and acts prejudicial to public service committed by inciting the employees. would be to interfere with the discharge of such functions by said officials. Plaintiff appealed to Us from the order of dismissal. it operates under the direct supervision of the Executive Secretary. and as stated. of the Bureau of Printing to walk out of their jobs against the order of the duly constituted officials. The Bureau of Printing is an office of the Government created by the Administrative Code of 1916 (Act No.493.gain but is an agency of the Republic performing government functions. Accordingly. WHEREFORE. 2657). a defendant in a civil suit must be (1) a natural person. Said administrative charges are for insubordination. aside from the fact that amendment may be made in the pleadings by the inclusion as respondents of the public officers deemed responsible. set up under Customs Administrative Order No. 1962 (Annex "A" to Motion to Dismiss. it operates under the direct supervision of the Executive Secretary. for the unfair labor practice acts charged by petitioning Unions". As such instrumentality of the Government. and is "charged with the execution of all printing and binding. as an office of the Government. which is in effect a review of the acts of executive officials having to do with the discipline of government employees under them.

It could not be subject to an action for replevin. would actually be a suit. which renders more obvious the lack of jurisdiction of the courts of this country. COURT OF APPEALS . the Bureau of Printing cannot be sued. The trucks were taken forcibly by the two drivers from the custody of DENR. SYQUIA VS. as an office of the Government. the plaintiffs took no further steps to secure possession of the buildings and accepted the monthly rentals tendered by respondents. The trial court granted the application for replevin and the CA affirmed this decision. 1947. (b) increase in rentals to P300 a month. The drivers failed to show any legal documents.Any suit.of the (Secretary of Finance) Executive Secretary. 1946. the subject vehicles were validly deemed in custodia legis. ET AL. plaintiffs served a formal notice to the occupants demanding: (a) cancellation of said leases. Subsequently. will not be lightly inferred. Respondents sent a letter refusing to execute new leases but advised that the US Army will vacate the apartments before February 1. Thereafter. HELD: Since there was a violation of the Revised Forestry Code and the seizure was in accordance with law. ISSUE: Does the court have jurisdiction to hear and try the case? HELD: It is clear that the courts of the Philippines have no jurisdiction over the present case for Unlawful Detainer. This prompted the department to file charges but these were dismissed. The period for the three leases was to be ―for the duration of the war and six months thereafter. Moore and Tillman expressed to plaintiffs that the US Army wanted to continue occupying the premises. though not in name. Morever. being in derogation of sovereignty. action or proceeding against the Government itself. Tillman refused to comply with the request. to execute a lease contract for a period of three years and to pay a reasonable rental higher than those payable under the old contracts. For it is property lawfully taken by virtue of legal process and considered in the custody of the law. 1947. The question of lack of jurisdiction was raised and interposed at the very beginning of the action. action or proceeding against it. for carrying illegally sourced lumber once again. much less over its objectionIt must be remembered that statutory provisions waiving State immunity from suit are strictly construed and that waiver of immunity. The US Government has not given its consent to the filing of the suit which is essentially against her. Not being in conformity with the old lease agreements. Indeed. the trucks were then caught and seized. and the rule is settled that the Government cannot be sued without its consent. SHAUF VS. CALUB VS. (c) execution of new leases (d) release of said apartment buildings within thirty days of said notice in the event of failure to comply with said demands. plaintiffs formally requested Tillman to cancel said leases and to release the apartments on June 28.‖ The apartment buildings were used for billeting and quartering officers of the US Armed Forces stationed in Manila. Again though. They executed three lease contracts – one for each of the three apartments. Because of the assurance that the US Government would vacate the premises before February 1. and not otherwise. without any corporate or juridical personality. COURT OF APPEALS FACTS: The Forest Protection and Law Enforcement Team of the Community Environment and Natural Resources Office of the DENR apprehended two trucks carrying with it illegally sourced lumber. the trucks and lumber were seized. LOPEZ. A criminal complaint was filed against them. Plaintiffs requested to renegotiate said leases. this is not only a case of a citizen filing a suit against his own Government without the latter‘s consent but it is of a citizen filing an action against a foreign government without said government‘s consent. be authorized to undertake . Plaintiffs approached the defendants George Moore and Erland Tillman and requested the return of the apartment buildings. unless sooner terminated by the US. if it were to produce any effect. FACTS: Plaintiffs. an action for replevin was filed by the private respondents. On February 17. Pedro Syquia and Leopoldo Syquia are the undivided joint owners of three apartment buildings situated in Manila. 1947.

ISSUE: Whether or not private respondents are immune from suit being officers of the US Armed Forces HELD: Respondents ordered. for alleged discrimination by reason of her sex (female). They further claim that the rule allowing suits against public officers & employees for criminal & unauthorized acts is applicable only in the Philippines & is not part of international law.49 as actual damages + 20% of such amount as attorney‘s fees + P100k as moral & exemplary damages. Persi denies this allegation.662. P20K for attorney‘s fees. • RTC ruled in favor of Shauf ordering defendants to pay $39. Private respondents are personally liable in indemnifying petitioner Shauf. The US Constitution assures everyone of equality in employment & work opportunities regardless of sex. • Shauf claims that the respondents are being sued in their private capacity thus this is not a suit against the US government w/c would require consent. the aggrieved party may sue the official & such suit will not be a suit against the state. Shauf was not considered for the position even if she was previously employed as a Guidance Counselor at the Clark Airbase. • Both parties appealed to the CA. But Mrs. She claims that the Abalateo‘s stay was extended indefinitely to deny her the appointment as retaliation for the complaint that she filed against Persi. RATIO: No. Abalateo‘s appointment was extended thus. Staff Judge Advocate of the Department of Air Force). Appeals Review Board. The discrimination is very evident. Don Detwiler (civillian personnel officer) and Anthony Persi (Education Director). she filed a complaint for damages and an equal employment opportunity complaint against private respondents. Aligaen) The doctrine of immunity from suit will not apply where the public official is being sued in his private & personal capacity as an ordinary citizen. Shauf was never appointed to said position. • By reason of her non-selection. continued using the defense that they are immune from suit for acts done/statements made by them in performance of their official governmental functions pursuant to RP-US Military Bases Agreement of 1947. • Respondents still maintain their immunity from suit.FACTS: • 1990: Petitioner. While the doctrine of immunity is also applicable to complaints filed against state officials. The person appointed was not even qualified for that position and that person kept the position despite orders from the US Civil Service Commission for his removal. color (brown) and national origin (Filipino by birth). Loida Shauf. the respondents cannot rely on the US blanket of diplomatic immunity for all its acts or the acts of its agents in the Phils. They claim that the Philippines does not have jurisdiction over the case because it was under the exclusive jurisdiction of a US District Court. jointly and severally. • Shauf was offered a temporary position as a temporary Assistant Education Adviser for a 180day period with the condition that if a vacancy occurs. She was not granted an interview. race. she will be automatically selected to fill the vacancy. During that time. • Shauf filed for damages and other relief in different venues such as the Civil Service Commission. When an official acts in a manner that invades or violates the personal & property rights of another. She was not appointed even if US officials found her highly qualified for the position (letters from the Director of the US Civil Service Commission. to pay petitioners the sum of P100K as moral damages. she will be released but will be selected to fill a future vacancy if she‘s available. or creed. This does not cover acts contrary to law & injurious to the rights of the plaintiff. But if no vacancy occurs after 180 days. They likewise claim that petitioner failed to exhaust all administrative remedies thus case should be dismissed. was rejected for a position of Guidance Counselor in the Base Education Office at Clark Air Base. Shauf accepted the offer. Philippine Regional Trial Court. She boasts of related working experience and being a qualified dependent locally available. Mary Abalateo‘s was about to vacate her position. CA reversed RTC decision. The Philippine Constitution has a similar provision. Mrs. According to the CA. Shauf prayed for the increase of the damages to be collected from defendants. He claims it was a joint decision of the management & it was in accordance of with the applicable regulation. Defendants on the other hand. defendants are immune from suit. etc. a Filipino by origin and married to an American who is a member of the US Air Force. (Director of the Bureau of Telecommunications vs. Shauf has proven that discrimination did occur whereas respondents merely denied allegations. Extension of Abalateo‘s services is another proof. Persi & Detwiler violated Shauf‘s . it only contemplates acts done in their official capacity.

James Williams was the commanding officer of the US . The criminal charge followed a ―buybust operation‖ conducted by the Philippine police narcotic agents in his house where a quantity of heroin was said to have been seized. The proscription is not accorded for the benefit of an individual but for the State. RARANG FACTS: AT THE NAVAL BASE. the functions of the diplomatic mission involve the representation of the interests of the sending state and promoting friendly relations with the receiving state. they should be accountable. his diplomatic immunity is contentious. She never acquired rights over that amount because she was never appointed. The narcotic agents were accompanied by private respondent Arthur Scalzo who became one of the principal witnesses for the prosecution. Japan and Manila came to the country to study in 1974 and continued to stay as head of the Iranian National Resistance Movement. Thus. non habetimperium – that all states are sovereign equals and cannot assert jurisdiction over one another. Though Shauf is entitled to damages. In conducting surveillance activities on Minucher. the main yardstick in ascertaining whether a person is a diplomat entitled to immunity is the determination of whether or not he performs duties of diplomatic nature. If the acts giving rise to a suit are those of a foreign government done by its foreign agent. analyze and interpret trends and developments in their respective fields in the host country and submit reports to their own ministries or departments in the home government. The implication is that if the judgment against an official would require the state itself to perform an affirmative act to satisfy the award. and then becoming a principal witness in the criminal case against Minucher. in effect. the suit must be regarded as being against the state itself. but acting in his official capacity.constitutional right to earn a living. Scalzo hardly can be said to have acted beyond the scope of his official function or duties. WYLIE VS. 30. In May 1986. MINUCHER VS. The ―buybust operation‖ and other such acts are indication that the Philippine government has given its imprimatur. suing the state itself. not otherwise prohibited. if not consent. can be cloaked with immunity from suit but only as long as it can be established that he is acting within the directives of the sending state. The consent of the host state is an indispensable requirement of basic courtesy between the two sovereigns. Wylie was the assistant administrative officer and Capt. which will best advance & protect her interests. Shauf followed the proper procedure in seeking relief for the defendants‘ discriminatory acts. M. COURT OF APPEALS FACTS: Khosrow Minucher. He is not generally regarded as a member of the diplomatic mission. operating within a territory. Minucher filed Civil Case before the Regional Trial Court (RTC) for damages on the ‗trumped-up‘ charges of drug trafficking made by Arthur Scalzo. an integral aspect of her right to life. such as the appropriation of the amount needed to pay the damages decreed against him.6425. under the maxim – par in parem. Only ―diplomatic agents. In August 1988. Minucher was charged with an Information for violation of Republic Act No. although not necessarily a diplomatic personage. Indeed. in whose service he is. the precept that a State cannot be sued in the courts of a foreign state is a long-standing rule of customary international law.H. ISSUE: Whether or not private respondent Arthur Scalzo can be sued provided his alleged diplomatic immunity conformably with the Vienna Convention on Diplomatic Relations RULING: The SC DENIED the petition. divesting the trial court of jurisdiction over his person. she should not be paid for the supposedly unearned income had she been hired as a Guidance Counselor. later acting as the poseur-buyer during the buy-bust operation. Scalzo‘s main function is to observe. 1978. On the basis of an erroneous assumption that simply because of the diplomatic note.‖ are vested with blanket diplomatic immunity from civil and criminal suits. although it has not been formally impleaded a foreign agent. the complaint could be barred by the immunity of the foreign sovereign from suit without its consent. The Department of Air Force in Washington told her that one of her appeal rights would be to file a civil action if a final decision has not been rendered after 180 days from the dated of the initial appeal to the Commission. Being an Attache. The appeal was lodged on Sept. Shauf is entitled to choose the remedy. In Feb. Conformably with the Vienna Convention. Dangerous Drugs Act of 1972. Suing a representative of a state is believed to be. to the activities within Philippine territory of agent Scalzo of the United States Drug Enforcement Agency. 1978 and it has not been decided up to the time SC has decided. an Iranian national and a Labor Attaché for the Iranian Embassies in Tokyo. Under the related doctrine of State Immunity from Suit.

Thus their acts weren‘t imputable against the US government but were done in their individual and personal capacities. and malicious defamation and libel tending to impeach her honesty. and P30K attorney‘s fees. Wylie and Williams acted in the performance of their official functions as officers of the US Navy and are immune from suit. WILLIAMS. as she was the only one with that name in the Office of the Provost Marshall. 3. However. Rarang appealed as she wasn‘t satisfied with the award. and 3. lack of jurisdiction over the subject matter and the parties. Olongapo City. RARANG‘S ALLEGATIONS: the article constituted false. Merchandise Control Guards are permitted to eat their meals at their worksite due to heavy workload. One of its regular features was the ―action line inquiry. In lieu of this observation. Aurora I. QUOTING US v. BASED ON THESE GROUNDS: 1. S. THE IAC MODIFIED THE TC‘S DECISION: Rarang was awarded P175K moral damages and P60K exemplary damages.‖ the ff: Question: I have observed that Merchandise Control inspector/ inspectress are (sic) consuming for their own benefit things they have confiscated from Base Personnel. The US Naval Base is an instrumentality of the US government which cannot be sued without its consent. Rarang was employed as a merchandise control guard in the Office of the Provost Marshal. THE TC‘S DECISION: the acts of Wylie and Williams weren‘t official acts of the US government in the operation and control of the Base but personal and tortious acts which are exceptions to the general rule that a sovereign country can‘t be sued in the court of another country without its consent. GUINTO: The rule that a state may not be sued without its consent. officer. and P50K attorney‘s fees. injurious. the suit against the US Naval Base was dismissed. supervised the publication of the Naval Base station‘s ―Plan of the Day‖ (POD). under the ―NAVSTA Action Line Inquiry. virtue and reputation exposing her to public hatred. Williams. in his capacity as asst. Complaints regarding merchandise control guards procedure or actions may be made directly at the Office of the Provost Marshal for immediate and necessary action…. and the US Naval Base. On Feb. WYLIE AND WILLIAMS‘ ARGUMENT in this Petition for Review: they made the publication in the performance of their official functions as administrative assistant (Wylie) and commanding officer (Williams) of the US Navy and were. MOTION DENIED. now expressed in Article XVI. and that they did not intentionally and maliciously cause the publication. ISSUE: Whether or not Wylie and Williams are liable for the published article in the POD. is one of the generally accepted principles of . may I therefore. She prayed for P300K moral damages. Wylie. exemplary damages. AN ACTION FOR DAMAGES was instituted by Rarang against Wylie. The observation is even more aggravated by consuming such confiscated items as cigarettes and food stuffs PUBLICLY. the POD published. They were ordered to pay Rarang P100K moral and exemplary damages. THE NAVAL BASE FILED A MOTION TO DISMISS. ask if the head of the Merchandise Control Division is aware of this malpractice? Answer: Merchandise Control Guards and all other personnel are prohibited from appropriating confiscated items for their own consumption or use. immune from suit for their official actions. therefore. of the 1987 Constitution. contempt and ridicule. and authority to the US under the RP-US Bases Treaty cover immunity of its officers from crimes and torts? HELD: YES and NO respectively.S. THE ―POD‖. 2. a disgrace to her division and to the Office of the Provost Marshal. which featured important announcements. Navy. Section 3.‖ THE CAUSE OF THIS MESS. and general matters of interest to military personnel. This is not to mention ‗Auring‘ who is in herself. Does the grant of rights. Two locked containers are installed at the Main Gate area for deposit of confiscated items and the OPM evidence custodian controls access to these containers.Naval Base in Subic Bay. admin. WYLIE. and that the libel was published and circulated in the English language and read by almost all the U. 1978. and Wylie‘s letter of apology for the ―inadvertent‖ publication was also conclusive proof of this. Wylie and Williams asserted that they are immune from suit since the publication was made in their official capacities as officers of the U. BOTH PARTIES APPEALED. Naval Base personnel. power. Rarang was the ―Auring‖ referred to here. THE PRINCIPLE OF STATE IMMUNITY FROM SUIT. necessary precautions.

the rule says that the state may not be sued without its consent. Bradford. suability will result only where the government is claiming affirmative relief from the defendant. it is also applicable to complaints filed against officials of the state for acts allegedly performed by them in the discharge of their duties. As for the filing of a complaint by the government. permitted to march through a friendly country or to be stationed in it. Griess. The consent of the state to be sued may be manifested expressly or impliedly. though not in name. the US not having waived its sovereign immunity from suit. (Rep. a 1945 decision. More to the point is Syquia v.international law that we have adopted as part of the law of our land under Article II.S.S. such as the appropriation of the amount needed to pay the damages awarded against them. GUINTO: In the case of the US. we would still be bound by the generally accepted principles of international law under the doctrine of incorporation … As applied to the local state. In the case of the foreign state sought to be impleaded in the local jurisdiction. the assumption being that there was a manifestation of the submission to jurisdiction on the part of the foreign power whenever appropriate.‘ Two years later. ‗unduly vex the peace of nations. is exempt from the civil and criminal jurisdiction of the place. All states are sovereign equals and cannot assert jurisdiction over one another. the starting point is Raquiza v.‖ The above observations do not confer on the US a blanket immunity for all acts done by it or its .‘ (Da Haber v. In dismissing a habeas corpus petition for the release of petitioners confined by American army authorities. ALSO UNDER US v. the doctrine of state immunity is based on the justification given by Justice Holmes that ‗there can be no legal right against the authority which makes the law on which the right depends! (Kawanakoa v. Section 2…Even without such affirmation. Chief of Staff). in the language of a celebrated case. which clearly imports that it may be sued if it consents. The principles of law behind this rule are so elementary and of such general acceptance that we deem it unnecessary to cite authorities in support thereof. Government. (Lim v. by permission of its government or sovereign. It is emphasized that in Baer. at least in democratic societies. Justice Hilado cited Coleman v. this Court relied on Raquiza v. In such a situation. the state may move to dismiss the complaint on the ground that it has been filed without its consent. Queen of Portugal) While the doctrine appears to prohibit only suits against the state without its consent. v. The U. Government has not given its consent to the filing of this suit which is essentially against her. Tennessee. where it was explicitly declared: ‗It is well settled that a foreign army. Polybank) There are other practical reasons for the enforcement of the doctrine. Ruiz). non habet imperium . for the state is not an unfeeling tyrant unmoved by the valid claims of its citizens. That is hardly fair. A contrary disposition would. Almeda Lopez … It was the ruling that respondent Judge acted correctly considering that the ‗action must be considered as one against the U. the Court held: ―The invocation of the doctrine of immunity from suit of a foreign state without its consent is appropriate… insofar as alien armed forces are concerned. The question of lack of jurisdiction was raised and interposed at the very beginning of the action. Consent is implied when the state enters into a contract it itself commences litigation…The above rules are subject to qualification. Express consent may be embodied in a general law or a special law. The doctrine is sometimes derisively called ‗the royal prerogative of dishonesty‘ because of the privilege it grants the state to defeat any legitimate claim against it by simply invoking its non-suability.‘ The opinion of Justice Montemayor continued: ‗It is clear that the courts of the Philippines including the Municipal Court of Manila have no jurisdiction over the present case for unlawful detainer. the customary rule of international law on state immunity is expressed with more specificity in the RP-US Bases Treaty … The petitioners also rely heavily on Baer v. the treaty provision should control on such matter. Brownell) THE NATURE AND EXTENT OF IMMUNITY FROM SUIT. the doctrine is not absolute and does not say the state may not be sued under any circumstance. this is not only a case of a citizen filing a suit against his own Government without the latter‘s consent but it is of a citizen filing an action against a foreign government without said government‘s consent. The rule is that if the judgment against such officials will require the state itself to perform an affirmative act to satisfy the same. Purisima)… not all contracts entered into by the government will operate as a waiver of its non-suability. Tizon… to support their position that they are not suable. in Tubb and Tedrow v. the added inhibition is expressed in the maxim par in parem. Express consent is effected only by the will of the legislature through the medium of a duly enacted statute. Moreover. In fact. the suit must be regarded as against the state itself although it has not been formally impleaded (Garcia v. On the contrary. which renders more obvious the lack of jurisdiction of the courts of his country. Bradford and cited in support excerpts from the works of the authoritative writers … Accuracy demands the clarification that after the conclusion of the Philippine-American Military Bases Agreement. distinction must be made between its sovereign and proprietary acts (US v.

‖ The other petitioners in the cases before us all aver they have acted in the discharge of their official functions as officers or agents of the US. This rule is a necessary consequence of the principles of independence and equality of States. she had been the recipient of commendations by her superiors for honesty in the performance of her duties. The approval of the commanding officer was forwarded to the office of the Administrative Assistant for inclusion in the POD. they and they alone must satisfy the judgment. among his other duties. PART OF OFFICIAL FUNCTIONS. Chief Justice Teehankee added a clarification of the immunity accorded PCGG officials under Section 4(a) of Exec. The NAVSTA Action Line Inquiry is a regular feature of the POD . The restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign. The administrative assistant.‘ No absolute immunity like that sought by Mr. which was to provide personnel access to the Commanding Officer on matters they feel should be brought to his attention for correction or investigation . and these aren‘t covered by the immunity agreement. it has been necessary to distinguish them-between sovereign and governmental acts (jure imperii) and private. they are constantly developing and evolving. BUT: TAKE NOTE THAT THEY WERE SUED IN THEIR PERSONAL CAPACITIES for their alleged tortious acts in publishing a libelous article. she was investigated by her supervisor. then it should follow that they may not be held liable for the questioned publication. those of the US don‘t allow the commission of crimes in the name of official duty. SUMMARY OF THE EVENTS. According to Wylie. In the case of PCGG v. A clerk typist in the office of the Administrative Assistant prepared the smooth copy of the POD and Wylie. Marcos in his Constitution for himself and his subordinates is herein involved. Peña. this is a matter of evidence. Under the rule that US officials in the performance of their official functions are immune from suit. the rules of International Law are not petrified. which has not given its consent to be sued. It does not apply where the contract relates to the exercise of its sovereign functions. It is only when the contract involves its sovereign or governmental capacity that no such waiver may be implied … In the words of Justice Vicente Abad Santos: ―The traditional rule of immunity excepts a State from being sued in the courts of another State without its consent or waiver. the action line naming ―Auring‖ was received about 3 weeks prior to the article‘s publication.agents in the Philippines. There is no question that the US.. And because the activities of states have multiplied. The charges against them may not be summarily dismissed on their mere assertion that their acts are imputable to the US. The result is that State immunity now extends only to acts jure imperii. the administrative assistant signed the smooth copy of the POD but failed to notice the reference to ―Auring‖ in the action line inquiry. In fact. SANDIGANBAYAN on the law on immunity from suit of public officials is applicable here: the general rule is that public officials can be held personally accountable for acts claimed to have been performed in connection with official duties where they have acted ultra vires or where there is showing of bad faith… A mere invocation of the immunity clause does not ipso facto result in the charges being automatically dropped. the main opinion does not claim absolute immunity for the members of the Commission. will be deemed to have impliedly waived its non-suability if it has entered into a contract in its proprietary or private capacity. and the response ―… included a short note stating that if the article was published. Stated differently. to remove the name. CHAVEZ v. is tasked to prepare and distribute the POD. However. like any other state. its commercial activities or economic affairs.. However.‖ This note was forwarded to the executive officer and to the commanding officer for approval. the defendants are sought to be held answerable for personal torts in which the US itself is not involved. As the article implied that Rarang was consuming and appropriating confiscated items. Neither may the other petitioners claim that they are also insulated from suit in this country merely because they have acted as agents of the US in the discharge of their official functions. commercial and proprietary acts (jure gestionis). If found liable. It is understood that the immunity granted the members of the Commission by virtue of the unimaginable . Wylie and Williams actively participated in screening the features and articles in the POD as part of their official functions. Order No. The cited section … provides the Commission‘s members immunity from suit thus: ‗No civil action shall lie against the Commission or any member thereof for anything done or omitted in the discharge of the task contemplated by this order. Before the article came out. a State may be said to have descended to the level of an individual and can thus be deemed to have tacitly given its consent to be sued only when it enters into business contracts. And our laws and. we presume. I as follows: …First. The POD was published under the direction and authority of the commanding officer. It was forwarded to the Provost Marshal for comment.

February 23. the petition is hereby DISMISSED. WHILE THIS IS TRUE AS A GEN. 11 which created the Citizen‘s Mendiola Commission and in their report there commended the criminal prosecution of four unidentified. 2219(7) provides that moral damages may be recovered in case of libel. REPUBLIC SANDOVAL OF THE PHILIPPINES VS FACTS: This case deals with the tragedy that transpired on January 22. Wylie and Williams alone. This recommendation of the commission was the basis of the claim for damages by the petitioners. or … ‗maliciously conspir(es) with the PCGG commissioners in persecuting respondent Enrile by filing against him an evidently baseless suit in derogation of the latter‘s constitutional rights and liberties‘. ULTRA VIRES ACT CAN‘T BE PART OF OFFICIAL DUTY. RULE. FOR THIS CASE NO. slander or any other form of defamation. and as a result she suffered besmirched reputation. Where the petitioner exceeds his authority as Solicitor General. The petitioner maintained that the State has waived its immunity from suit and that the dismissal of the instant action is contrary to both the Constitution and the International Law on Human Rights. there can be no question that a complaint for damages does not confer a license to persecute or recklessly injure another.magnitude of its task to recover the plundered wealth and the State‘s exercise of police power was immunity from liability for damages in the official discharge of the task granted the members of the Commission much in the same manner that judges are immune from suit in the official discharge of the functions of their office. serious anxiety. wounded feelings and social humiliation. It was a tortious act which ridiculed Rarang. ARGUMENT: that Williams as commanding officer is far removed in the chain of command from the offensive publication and it would be asking too much to hold him responsible for everything which goes wrong on the base. in their personal capacities. Indeed the imputation of theft contained in the POD is a defamation against Rarang‘s character and reputation. Art. ―Fault‖ or ―negligence‖ in this Article covers not only acts ―not punishable by law‖ but also acts criminal in character. WHEREFORE. 1987. The records show that the offensive publication was sent to the commanding officer for approval and he approved it.) Heirs of the deceased and the injured filed this case for damages. acts in bad faith. ‖ Moreover. 2176 prescribes a civil liability for damages caused by a person‘s act or omission constituting fault or negligence. Twelve people died and the heirs of these people are seeking for retribution. It also rests on reason of public policy – that public policy would be hindered and the public endangered. the offended party in these cases is given the right to receive from the guilty party moral damages for injury to his feelings and reputation in addition to punitive or exemplary damages . 21. but they were negligent because under their direction they issued the publication without deleting the name. Immunity from suit cannot institutionalize irresponsibility and nonaccountability nor grant a privileged status not claimed by any other official of the Republic. There were shooting and no one knows who started it. President Aquino issued AO no. are liable for the damages they caused. specially so. and 32 of the Civil Code on Human Relations may be taken against public officers or private citizens alike. Art. Immunity from suit is expressly provided in Article XVI . Such act or omission is ultra vires and cannot be part of official duty. The questioned decision and resolution of the IAC are AFFIRMED. The actions governed by Articles 19. Wylie himself admitted that the Office of the Provost Marshal explicitly recommended the deletion of the name if the article was published. Popularly known as the Black Thursday or the Mendiola Massacre. 1988 the Solicitor General filed a motion to dismiss on the ground that the State cannot be sued without its consent. (the gist is that the people marched to Mendiola because of failed agrarian reforms and the police and military were there to defend the palace. ISSUE: Whether or not the State has waived its immunity from suit. The principle is based on the very essence of sovereignty and on the practical ground that there can be no legal right as against the authority that makes the law on which the right depends. uniformed individuals. HELD: No. whether intentional or voluntary or negligent. The most significant recommendation that they made was that the deceased and wounded victims of the Mendiola incident be compensated by the government. 3. sec. In effect. if the sovereign authority could be subjected to law suits at the instance of every . End result = some people were killed. 20. since the article was baseless and false.

when the suit is on its face against a government officer but the case is such that ultimate liability. The trial court issued a TRO and expired on March 28. Petitioner terminated the so-called verbal agreement with GABI and demanded that the latter vacate the premises and the kiosks it ran privately within the park. 3. Iglesias. The committed a prohibited act under BP 880 as there was unnecessary firing by them in dispersing the marchers. 88-43887. The ultimate liability in this case does not pertain to the government. The notice was signed by Jose Iglesias. will belong not to the officer but to the government. The commission was a fact finding body. Consent to be sued may be given impliedly it cannot be maintained that such consent was given in this case. Based on the investigation the military officials acted beyond their authority and there was lack of jurisdiction by the government forces in the use of firearms. 1988 and respondents were given until March 8 to vacate. Amado J. when the suit is against an unincorporated government agency. The commission was merely a preliminary venue and it was not an end in itself. and his co-defendants in civil case no. ISSUES: Whether or not respondent court erred in not holding that private respondents‘ complaint against petitioner. 40% of the profits derived from the kiosks were to remit to NPDC again without anything shown on CARABAO INC VS. is in effect a suit against the state which cannot be sued without its consent. However. no evidence of such abuse of authority is on record. Public officials are not exempt. anew chairman of the NPDC. Notice was given March 5. However. as chairman of NPDC. The court ruled before that an officer cannot shelter himself by plea that he is a public agent acting under the color of his office when his acts are wholly without authority. Recommendation made by the commission does not in any way mean that liability automatically attaches to the State. sought to clean up Rizal Park. the record. claims that he was deceived into signing the notice. the instant petition is GRANTED and the decision of the Court of Appeals is set aside. allegedly to indicate his conformity to its contents. from liability arising from acts committed in bad faith. The case does not qualify as a suit against the state. deaths and casualties that took place. GABI filed an action for damages and injunction in the Regional Trial Court against petitioner. 1988. the petitioners cannot be awarded with moral and exemplary damages as well as attorney‘s fees. The question now is whether or not the petitioner abused his authority in ordering the ejectment of the private respondents. Some instances when a suit against the State is proper are: when the Republic is sued by name. However. They were given office and library space as well as kiosks for selling food and drinks along TM Kalaw. AGRICULTURAL PRODUCTION COMMISSION FACTS: Plaintiff had filed on Oct. thus could not be subject to lease of contract. LANSANG VS. The following day GABI was finally evicted by NPDC. 1967 in the Court of First Instance of Rizal its complaint to recover the . a government initiated civic body engaged in the development of national perks including Rizal Park. There is no question in the capacity of the petitioner as NPDC chairman and his authority to terminate the agreement. COURT OF APPEALS FACTS: Private respondents General Assembly of the Blind (GABI) were allegedly awarded a ―verbal contract of lease‖ in 1970 by the National Parks Development Committee (NPDC). Lansang (herein petitioner). There is no evidence on record to support Iglesias claim that he suffered moral injury as a result of GABI‘s ejectment from Rizal Park. who was totally blind. The findings of the commission shall only serveas the cause of action in the event that any party decides to litigate his/her claim. HELD: The rule does not apply where the public official is charged in his official capacity for acts that are unlawful and injurious to the rights of others. ] WHEREFORE. Rizal part is beyond the commerce of man. No document or instrument appears on record to show the grantor of the verbal license to private respondents to occupy a portion of the government park. in their personal capacity.citizen and consequently controlled in the uses and disposition of the means required for the proper administration of the government. The purpose of the commission as provided for in AO 11 was to have a body that will conduct an investigation of the disorder. GABI president. Private respondents cannot and doesn‘t claim a vested right to continue to occupy Rizal Park. With the change of the Government after the EDSA Revolution.

1967 in the amount of P34. with the retention of 20% equivalent to P8. 530.. Mandaue. it had acquired the right under Act No. SAYSON v. HELD: No...00 to Singson.00." What is more. the contract in question having been upheld. It was the failure of the Highways Auditor.706. which he did. The court decision affirmed. 000. was addressed to the Singkier Motor Service. The contention of the plaintiff that Act 3083 has not been repealed. 1967. 6. a canvass or public bidding was conducted on May 5. In view of the overpricing the GAO took up the matter with the Secretary of Public Works in a third endorsement of July 18. Secarro a representative of the Bureau of Supply Coordination. 529. it was approved by the Secretary of Public Works and Communications. Which states that a latter statute which is repugnant to an earlier statute is deemed abrogated the earlier one on the same subject matter..‖. after finding from the endorsements of the Division Engineer and the Commissioner of Public Highways that the prices of the various spare parts are just and reasonable and that the requisition was also approved by no less than the Secretary of Public Works and Communications with the verification of V.. The voucher was paid on June 9. one of the petitioners before us that led to the filing of the mandamus suit below. 1967. Said firm thus submitted its quotations at P2. 1967.00 less than the price of the Singkier.. The Secretary then circularized a telegram holding the district engineer responsible for overpricing. and the Requisitioning Officer (civil engineer). the Auditor General had rendered his decision denying plaintiffs claim on the ground that the alleged purchase order relied upon by plaintiff was null and void.). defendants further brought out the fact that on Oct. Com longer entitles the claimant to a direct suit in court. Since Com Act superseded and abrogated it under the principle of ―leges posteriors priores contrarias abrogant‖.824. Lepatan. 500 representing the unpaid price of 300 units of fire extinguishers sold and delivered by it to defendant Agricultural Productivity Commission. but that since the latter had failed to decide the claim within two months from date of its presentation which should have been by August 13. Cebu requesting it to immediately deliver the items listed therein for the lot price of P43. ISSUE: Whether or not the court has jurisdiction over the case. 1967 a claim for payment of the sum with the Auditor General. the Office of the District Engineer requisitioned various items of spare parts for the repair of a D-8 bulldozer which was signed by the District Engineer. 1967 the Secretary sent a letterorder to the Singkier Motor Service. the USI (Phil. Upon plaintiff‘s filing of its motion for reconsideration Dec. particularly. Thus. On June 10. Antonio V..1967. a canvass was made of the spare parts among the suppliers in Manila. 1967… The committee on award accepted the bid of the Singkier Motor Service for the sum of P43.. 1967.. . In the interim it would appear that when the voucher and the supporting papers reached the GAO. 9. which is the exclusive dealer of the spare parts of the caterpillar tractors in the Philippines... since there was no obligating instrument as required by law. It was approved by the Secretary of Public Works and Communications. Hence this appeal by certiorari. 21.. So. In due course the Voucher No.00. Subsequently.64 only which is P40. . 706. being adjudged as entitled to collect the balance of P8. It would appear that a purchase order signed by the District Engineer. 07806 reached the hands of Highway Auditor Sayson for pre-audit.00. he approved it for payment in the sum of P34. .M... ISSUE: . It is noted in the approval of the said requisition that "This is an exception to the telegram dated Feb. The lower court sustained defendants dismissal motion and declared itself without jurisdiction to hear the case. . the court has no jurisdiction over the case.530. Manila. amended declared unconstitutional is not correct. Plaintiff-appellant is ordered to remove immediately the 300 units of fire extinguisher from the firehouse of the APC. He then made inquiries about the reasonableness of the price. and on May 16. 1967 of the Secretary of Public Works and Communications. . with now respondent Singson as sole proprietor of Singkier Motor Service. Adventor Fernandez...00. 824.sum of P238. It allegedly that it had presented on June 14. Manuel S.. Highway Auditor Sayson received a from Supervising Auditor Fornier quoting a telegraphic message of the General Auditing Office which states: "In view of prices charge for purchase of spare parts and equipment shown by vouchers already submitted this Office direct all highway auditors refer General Office payment similar nature for appropriate action. the Requisitioning Officer and the Procurement Officer. charges for malversation were filed against the district engineer and the civil engineer involved.. SINGSON FACTS: "In January 1967.00 to submit the voucher with the supporting papers to the Supervising Auditor. Raquiza. 3083 to file the original action for collection in the lower court." . .

after their presentation. In this situation. But not all contracts entered into by the government operate as a waiver of its nonsuability. Thus. the period aforesaid shall be counted from the time the last comment necessary to a proper decision is received by him. take an appeal in writing: (a) To the President of the United States. "Once consent is secured. There is nothing to prevent the State. Thereafter. predicated on a contract is valid. Act 327 which prescribe the conditions under which money claim against the government may be filed: "In all cases involving the settlement of accounts or claims. or (b) To the President of the Philippines. The rule is not really absolute for it does not say that the State may not be sued under any circumstances. the proper forum in the judicial hierarchy can be specified if thereafter an appeal would be taken by the party aggrieved. on the other hand. however. in such statutory grant. to require that certain administrative proceedings be had and be exhausted.WON the mandamus suit of the respondent (Singson) involving a money claim against the government. A State may be said to have descended to the level of an individual and can this be deemed to have actually given its consent to be DEPARTMENT OF AGRICULTURE VS. the decision became final and executor. and overtime pay. is a suit against the State. exclusive of Sundays and holidays.. the procedure for appeal is indicated: "The party aggrieved by the final decision of the Auditor General in the settlement of an account or claim may. Also. The claim is void for the cause or consideration is contrary to law. the City Sheriff levied on execution the motor vehicles of the DA. Pursuant to their . there was no ruling of the Auditor General. the respondent should have filed his claim with the General Auditing Office. Implied consent. several guards filed a complaint for underpayment of wages. uniform allowances. . the Auditor General shall act and decide the same within sixty days. which cannot prosper or be entertained by the Court except with the consent of the State. the government is deemed to have descended to the level of the other contracting party and to have divested itself of its sovereign immunity. ISSUE: Whether or not the doctrine of non-suability of the State applies in the case. or (c) To the Supreme Court of the Philippines if the appellant is a private person or entity. The Labor Arbiter issued a writ of execution to enforce and execute the judgment against the property of the DA and the security agency. the court to which the matter should have been elevated is this Tribunal. morals or public policy. other than those of accountable officers. office or offices. pending the final and complete withdrawal of her sovereignty over the Philippines. RULING: No. It is based on the very essence of sovereignty. an action may be filed. The DA and the security agency did not appeal the decision. A sovereign is exempt from suit based on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. mandamus is not the remedy to enforce the collection of such claim against the State but an ordinary action for specific performance. The State may at times be sued. If said accounts or claims need reference to other persons. The State‘s consent may be given expressly or impliedly. Even had there been such. or to a party interested. or when it enters into a contract. within thirty days from receipt of the decision. "Thereafter. In other words. guards were deployed by Sultan Security Agency in the various premises of the DA. Express consent may be made through a general law or a special law. night shift differential pay.. holiday pay. arrangements. The Labor Arbiter rendered a decision finding the DA jointly and severally liable with the security agency for the payment of money claims of the complainant security guards. Here. thus opening itself to a counterclaim. the lower court could not legally act on the matter. non-payment of 13th month pay. distinction must still be made between one which is executed in the exercise of its sovereign function and another which is done in its proprietary capacity. NLRC FACTS: Petitioner Department of Agriculture (DA) and Sultan Security Agency entered into a contract for security services to be provided by the latter to the said governmental entity. HELD: The basic postulate enshrined in the Constitution that ―the State may not be sued without its consent‖ reflects nothing less than recognition of the sovereign character of the State and an express affirmation of the unwritten rule effectively insulating it from the jurisdiction of courts. The suit disguised as one for mandamus to compel the Auditors to approve the vouchers for payment. is conceded when the State itself commences litigation. Thereafter. under the provisions of Com. as well as for damages against the DA and the security agency.

performed any act proprietary in character.ed. nor that it could have. the United Homesite Employees and Laborer‘s Association. It does not apply where the contract relates to the exercise of its sovereign functions. reads as follows: "The Philippine National Bank moves to quash the notice of garnishment served upon its branch in Quezon City by the authorized deputy sheriff of this Court. As such ExOfficio Sheriff. subject of this certiorari proceeding. later Chief Justice. . He was the counsel of the prevailing party. It has pursuant to Section 2 of Executive Order No. 1970 of respondent Court denying the motion to quash. 356. which is national in nature. it abandons its sovereign capacity and is to be treated like any other corporation. Manila Hotel Employees Association v. The NASSCO has a personality of its own. 8 this Court." There was a motion for reconsideration filed by petitioner. therefore. RULING: No." The order of August 26. and under this law. The validity of the order assailed is challenged on two grounds: (1) that the appointment of respondent Gilbert P. that has the authority to serve the notice of garnishment. express or implied.105. 1970. 244). the FACTS: Petitioner s motion to quash a notice of garnishment was denied for lack of merit... the Court notes from the record that the appeal to the Supreme Court by individual employees of PHHC which questions the award of attorney's fees to Atty. 1970.' Following the law. 6 L. and that the actual service by the latter officer of said notice is therefore not in order.. 1965. dated October 23. held: "On the other hand. in fact. In the case. Republic Act No. The said Bank is therefore ordered to comply within five days from receipt with the 'notice of Garnishment' dated May 6. the Bank argues that it is the Sheriff of Quezon City. ISSUE: Whether or not the funds mentioned may be garnished. court of Industrial Relations is squarely in point. Manansala. distinct and separate from that of the Government. be that as it may. It contends that the service of the notice by the authorized deputy sheriff of the court contravenes Section 11 of Commonwealth Act No. to satisfy a decision of respondent Court which had become final and executory. 1970. since his area of authority is coterminous with that of the Court itself. [Wherefore]. 1950 .904. 1459). it was denied. Planters' Bank.' Accordingly. (Bank of the United States v. as such. the Clerk of this Court has therefore the authority to issue writs of execution and notices of garnishment in an area encompassing the whole of the country. it may sue and be sued and may be subjected to court processes just like any other corporation (Section 13. this certiorari petition. the money claim must first be brought to the Commission on Audit. or by any person authorized by this Court. it is well settled that when the government enters into commercial business. CIR The Court finds no merit in this argument. already repealed Commonwealth Act No. Hence.sued only when it enters into business contracts. As was explicitly stated in the opinion of the then Justice. Pursuant. but in a resolution dated September22. National Shipyard and Steel Corporation v. the same may not be garnished. But. A writ of execution in favor of private respondent Gabriel V." In a 1941 decision.. Concepcion: "The allegation to the effect that the funds of the NASSCO are public funds of the government. for withholding action in this case. and that. What was sought to be garnished was the money of the People's Homesite and Housing Corporation deposited at petitioner's branch in Quezon City. pursuant to which the NASSCO has been established 'all the powers of a corporation under the Corporation Law. Manansala had previously been issued.. By engaging in a particular business thru the instrumentality of a corporation. . At this stage. There is no longer any reason. Act No. including Quezon City. as amended by PD 1145. in the same manner as writs and processes of Courts of First Instance. and not the Clerk of this Court who is its Ex-Officio Sheriff. to Commonwealth Act 327. 9 Wheat. the claims of the complainant security guards clearly constitute money claims. the motion to quash filed by the Philippine National Bank is denied for lack of merit. 103. Gabriel V. however. 4201 has. PNB v. as a government owned and controlled corporation. Lorenzo as authorized deputy sheriff to serve the writ of execution was contrary to law and (2) that the funds subject of the garnishment "may be public in character. attached or levied upon. as amended. through Justice Ozaeta. it is now the Clerk of this Court that is at the same time the Ex-Officio Sheriff. has already been dismissed and that the same became final and executory on August 9. as amended which reads:" 'All writs and processes issued by the Court shall be served and executed free of charge by provincial or city sheriffs. since June 19.. Act No. Manila Hotel Company. is untenable for.. the DA has not pretended to have assumed a capacity apart from its being a governmental entity when it entered into the questioned contract. 3083 gives the consent of the State to be sued upon any moneyed claim involving liability arising from contract.

et al vs. acting in behalf of the municipality. Mafinco contended that they are independent contractors. However. Thereafter. and the Provincial Treasurer (102Phil 1186) that "the construction or maintenance of roads in which the truck and the driver worked at the time of the accident are admittedly governmental activities. In addition. The private respondents instituted a complaint for damages against the Estate of Macario Nieveras and Bernardo Balagot. no employeremployee relationship was created. its funds may be levied upon organised. The petitioners here are peddlers of Mafinco.government divests itself pro hacvice of its sovereign character. Hence. together with the costs of the cause. Thus. Due to the impact. the aforesaid defendants filed a Third Party Complaint against the petitioner and the driver of a dump truck of petitioner. the driver of the dump truck of the municipality insists that "he was on his way to the Naguilian river to get a load of sand and gravel for the repair of SanFernando's municipal streets. HELD: YES. riding on a motorcycle. the death of the passenger –– tragic and deplorable though it may be –– imposed on the municipality no duty to pay monetary compensation. It is an entirely different matter if. HON. In the case at bar. GOVERNMENT PHILIPPINE ISLANDS OF THE vs. Petitioner raised as one of its defenses the non-suability of the State.several passengers of the jeepney includingLaureano Baniña Sr. died as a result of the injuries they sustained and four others suffered varying degrees of physical injuries." We already stressed in the case of Palafox. ISSUE: SSS VS. the test of liability of the municipality depends on whether or not the driver. a gravel and sand truck driven by Jose Manandeg (owned by Tanquilino Velasquez). Under the peddling contract.LA MERITT V. ownerand driver. ISSUE: Whether or not there exists an employer-employee relationship. JUDGE ROMEO N. Anent the issue of whether or not the municipality is liable for the torts committed by its employee. a collision occurred involving a passenger jeepney driven by Bernardo Balagot (owned by the Estate of Macario Nieveras). FACTS: SSS and petitioners filed with the Social Security Commission seeking to be declared as employees of COSMOS. On the basis of the peddling contract. FIRME FACTS: This is an appeal by both parties from a judgment of the Court of First Instance of the city of Manila in favor of the plaintiff for the sum of P14. of the passenger jeepney. Province of Ilocos Norte. insofar as they reiterate the doctrine that one of the coronaries of the fundamental concept of nonsuability is that governmental funds are immune from garnishment. MUNICIPALITY UNION OF SAN FERNANDO. COURT OF APPEALS Whether or not the Municipality of San Fernando is immune from suit. The plaintiff. HELD: No. the District Engineer. "Both the Palacio and the Commissioner of Public Highways decisions. and a . Court of Industrial Relations." Then it can sue and be sued. La Union and driven by Alfredo Bislig. who was then engaged in the discharge of governmental functions. "We arrive at the conclusion that the municipality cannot be held liable for the torts committed by its regular employee. passing along the west side thereof at a speed of ten to twelve miles an hour. the peddler would also bear the cost of gasoline and maintenance of the truck and secure their licenses and permits. dump truck of the Municipality of San Fernando. Mafinco would provide the peddler with a delivery truck and the peddler is responsible for compensation of his driver and helpers. upon crossing Taft Avenue and FACTS: At about 7am of December 16. the office or entity is "possessed of a separate and distinct corporate existence. is performing governmental or proprietary functions. so as to render the corporation subject to the rules of law governing private corporations. 1965. The petitioner would also post a cash bond and the contract may be terminated upon 5 days prior notice. was going toward the western part of Calle Padre Faura. according to Justice Sanchez in Ramos v. the petitioner is an independent contractor.741. respectively.

by which movement it struck the plaintiff. because neither fault nor even negligence can be presumed on the part of the state in the organization of branches of public service and in the appointment of its agents. 152 Mass. isP18. as is prescribed by the ordinance and the Motor Vehicle Act. into the right side of Taft Avenue. the General Hospital ambulance. Saleeby. which the plaintiff was actually confined in the hospital. of the 18th of .. according to Dr. 2457 effective February 3. and the trial court so found. and that the suit now stands just as it would stand between private parties. no relations of a private nature governed by the civil law can arise except in a case where the state acts as a judicial person capable of acquiring rights and contracting obligations. limited the time to two months and twenty-one days. It follows there from that the state. 8 L. (Murdock Grate Co. turned suddenly and unexpectedly and long before reaching the center of the street.)Paragraph 5 of article 1903 of the Civil Code reads: The state is liable in this sense when it acts through a special agent. vs. the plaintiff was so severely injured that. and (b) the P2.. RULING: No. The two items which constitute a part of the P14. 24 N. The plaintiff's mental and physical condition prior to the accident was excellent. If the Legislature had intended to change the rule that obtained in this state so long and to declare liability on the part of the state. The mere fact that he remained in the hospital only two months and twenty-one days while the remainder of the six months was spent in his home.666. the amount allowed for the loss of wages during the time the plaintiff was incapacitated from pursuing his occupation. but left the suit just where it would be in the absence of the state's immunity from suit. after passing the center thereof. had a light weakness in his eyes and in his mental condition. but would have done so in express terms.075. who was already six feet from the south-western point or from the post place there. As to the second. 28. energy. 399. without any fault on his part. The act opened the door of the court to the plaintiff. R. we must presuppose all foresight humanly possible on its part in order that each branch of service serves the general weal and that of private persons interested in its operation. 1898. instead of turning toward the south. therefore. Plaintiff claims that by the enactment of this law the legislature admitted liability on the part of the state for the acts of its officers. Between these latter and the state.741 are (a) P5. on the contrary. however. because it was clearly established that the plaintiff was wholly incapacitated for a period of six months. Commonwealth. his physical condition had undergone a noticeable depreciation. or was intended to do. 854. he was suffering from a depression in the left parietal region. It simply gives authority to commence suit for the purpose of settling plaintiff's controversies with the estate. without having sounded any whistle or horn. would not prevent recovery for the whole time. upon reaching said avenue. (Supreme Court of Spain. Civ. as he had before done.when he was ten feet from the south-western intersection of said streets. find that the amount of damages sustained by the plaintiff. The court. January 7.The petitioner vis-à-vis Act No. that the plaintiff's services as a contractor were worth P1. it would not have left so important a matter to mere inference.000 per month. climb up ladders and scaffoldings to reach the highest parts of the building. but not when the damage should have been caused by the official to whom properly it pertained to do the act performed. and ability that he had constantly displayed before the accident as one of the best constructors of wooden buildings and he could not now earn even a half of the income that he had secured for his work because he had lost 50per cent of his efficiency. the award awarded for permanent injuries. In this the Court thinks there was error. Nowhere in the act is there a whisper or suggestion that the court or courts in the disposition of the suit shall depart from well-established principles of law.000. among others. 83 Jur. in which case the provisions of the preceding article shall be applicable. is not responsible for the damages suffered by private individuals inconsequence of acts performed by its employees in the discharge of the functions pertaining to their office. who examined him on the very same day that he was taken to the General Hospital.. the record shows. by virtue of such provisions of law. a wound in the same place and in the back part of his head. while blood issued from his nose and he was entirely unconscious.) According to paragraph 5 of article 1903 of the Civil Code and the principle laid down in a decision. ISSUE: Whether or not the scope of the Act authorizes the Court to hold that the Government is legally liable for the said amount. and that after having received the injuries. It is difficult to see how the act does. more than remove the state's immunity from suit. Nothing was found in the record which would justify increasing the amount of the first. he could no longer. or that the amount of damages is the only question to be settled. The patient apparently was slightly deaf. 24. therefore. As a contractor.. for he had lost the agility. 1915 was authorized to bring suit against the Government of the Philippine Islandsand authorizing the Attorney-General to appear in said suit. A. so that it would be on the left side of said avenue.E. By reason of the resulting collision. The Court. It did not pass upon the question of liability.

Feliciano filed a complaint with the then Court of First Instance of Camarines Sur against the RP. represented by the Land Authority. Municipality of Tinambac. as well as other purportedly old Spanish titles. 1954.4177 hectares. caused by an official of the second class referred to. a tract of land situated in the Municipalities of Tinambac and Siruma. 1904. RULING: No. that the property in question. Pablo Feliciano. . that his title of ownership based on informacion posesoria of his predecessor-in-interest be declared legal valid and subsisting and that defendant be ordered to cancel and nullify all awards to the settlers. Manila.On November 1. the responsibility of the state is limited to that which it contracts through a special agent.in a damage case. has by erroneous interpretation infringed the provisions of articles 1902 and1903 of the Civil Code. which dismissed the complaint of respondent Pablo Feliciano for recovery of ownership and possession of a parcel of land on the ground of non-suability of the State. started sub-dividing and distributing the land to the settlers. Waiver of immunity.4177 hectares. It may be invoked by the courts sua sponte at any stage of the proceedings. while located within the reservation established under Proclamation No. it was "reconstituted from the duplicate presented to this office (Register of Deeds) by Dr. 1954. he took actual possession of the same. Reconstitution can be validly made only in case of loss of the original. The lands were. that the informacion posesoria registered in the Office of the Register of Deed of Camarines Sur on September 23." whereas the land claimed by respondent Feliciano comprises 1. The consent of the State to be sued must emanate from statutory authority.364. will not be inferred lightly. But must be construed in strictissimi juris (of strictest right). ―without the submission of proof that the alleged duplicate was authentic or that the original thereof was lost. President Ramon Magsaysay issued Proclamation No. was the private property of Feliciano and should therefore be excluded there from. the Land Authority. On January 22. after which the NARRA and its successor agency. situated in the Barrio of Salvacion.followed by a Deed of Absolute Sale on October 30. Moreover. Camarines Sur. FELICIANO FACTS: Petitioner seeks the review of the decision of the Intermediate Appellate Court dated April 30. later reduced to 701-9064 hectares. 90 reserving for settlement purposes. BENITO LIM VS HERBERT BROWNELL FACTS: The property in dispute consists of four parcels of land situated in Tondo. A suit against the State. Feliciano alleged that he bought the property in question from Victor Gardiola by virtue of a Contract of Sale dated May 31. under the administration of the National Resettlement and Rehabilitation Administration (NARRA). either expressly or by implication through the use of statutory language too plain to be misinterpreted. consisting of four (4) lots with an aggregate area of 1.364.364. Waiver of State immunity can only be made by an act of the legislative body. being a derogation of sovereignty. under settled jurisprudence is not permitted. duly empowered by a definite order or commission to perform some act or charged with some definite purpose which gives rise to the claim. and not where the claim is based on acts or omissions imputable to a public official charged with some administrative or technical office who can be held to the proper responsibility in the manner laid down by the law of civil responsibility. the Proclamation is not a legislative act. dated August 21. 1970. ISSUE: Whether or not the State can be sued for recovery and possession of a parcel of land. REPUBLIC V. These circumstances raise grave doubts as to the authenticity and validity of the "informacion posesoria" relied upon by respondent Feliciano. Branch VI. as proof of alleged ownership of lands. Adding to the dubiousness of said document is the fact that "possessory information calls for an area of only100 hectares. 1952 was a "reconstituted ―possessory information. 1985 reversing the order of the Court of First Instance of Camarines Sur. which survey was approved by the Director of Lands on October 24.May. Feliciano prayed that he be declared the rightful and true owner of the property in question consisting of 1. Courts should be wary in accepting "possessory information documents. 1954.4177hectares. introduced various improvements there in and caused it to be surveyed in July 1952. Addt l: Worthy of note is the fact. 1952. except upon a showing that the State has consented to be sued. 90. Consequently. for the recovery of ownership and possession of a parcel of land. Camarines Sur. the trial court in not so deciding and in sentencing the said entity to the payment of damages. that Gardiola had acquired the property by purchase from the heirs of Francisco Abrazado whose title to the said property was evidenced by an informacion posesoria that upon his purchase of the property. as pointed out by the Solicitor General. 1980.

The order of dismissal. The Court ordered the complaint dismissed on the ground – as stated in the dispositive part of the order – that the ―court has no jurisdiction over the subject matter of this action. On July 6. The terms of the donation are. The trial court . which does not include a suit for damages for the use of such vested property. The claim was disallowed by the Vested Property Claims Committee of the Philippine Alien Property Administrator. is not one of those authorized under the act which may be instituted in the appropriate courts of the Philippines under the provisions of section 3 of the Philippine Property Act of 1946. in effect. that the Bureau should install lighting facilities on the said lot. Japan. Congressional consent to such suit has not been granted. that the Bureau should construct a building on the said lot and that the building should be finished by December 7. it being alleged that the lots were once the property of Arsenia Enriquez. On the theory that the lots in question still belonged to Arsenia Enriquez. That action. 1 and 2. cannot be maintained because of the immunity of the state from suit. whereby the said Administrator transferred all the said four lots to the Republic of the Philippines. found by the Alien Property Custodian of the United States to be registered in the name of Asaichi Kagawa. 3 and 4. SANTIAGO VS PHILIPPINES REPUBLIC OF THE FACTS: On 20 Jan 1971. or financial liability to. Alien Property Custodian. as in the present case. vesting in himself the ownership over two of the said lots. likewise. 1974. substituting the inestate estate as the claimant. Plaintiff. one referring to Lots 1 and 2 and the other to Lots 3 and 4. issued a supplemental vesting order. the Government and consequently cannot be entertained by the courts except with he consent of said government.‖ ISSUE: Whether or not Lim has the right to sue or claim for damages against the Republic and Attorney General of the United States? HELD: The immunity of the state from suit. The Philippine Alien Property Administrator (acting on behalf of the President of the US) and the President of the Philippines executed two formal agreements. come 1976 there were still no improvements on the lot.after the last world war. therefore. This prompted Santiago to file a case pleading for the revocation of such contract of donation. Santiago gratuitously donated a parcel of land to the Bureau of Plant Industry. is instituted by a person who is neither an enemy or ally of an enemy for the purpose of establishing his right. The relief available to a person claiming enemy property which has been vested by the Philippines Alien Property Custodian is limited to those expressly provided for in the Trading with the Enemy Act. The claimant Benito Lim filed a complaint in the Court of First Instance of Manila against Philippine Alien Property Administrator (later substituted by the Atty General of the United States) for the recovery of the property in question with back rents. as held by this Court in the Castelo case just cited. As amended. with respect to plaintiff‘s claim for damages against the defendant Attorney General of the US must be upheld. to which it was transferred. Congressional consent to such suit has expressly been given by the United States. The transfer agreements were executed. however cannot be invoked where the action. the Philippine Alien Property Administrator (successor of the Alien Property Custodian) under the authority of the same statute. thus. that Arsenia Enriquez be adjudged owner of the said properties and the Register of the Deeds of Manila be ordered to issue the corresponding transfer certificates of title to her. national of an enemy country. it alleged that the lands in question formerly belonged to Arsenia Enriquez. as amended. The complaint was later amended to include Asaichi Kagawa as defendant. The claim obviously constitutes a charge against. and of recovering his ownership and possession. Lots Nos. however. He stated some reasons in his allegations to prove that Arsenia is the owner of the property. The notice was subsequently amended to permit Lim to prosecute the claim as administrator of the intestate estate of the deceased Arsenia Enriquez. 1948. title or interest in vested property. The claim for damages for the use of the property against the intervenor defendant Republic of the Philippines. vesting in himself title to the remaining Lots Nos. prayed that the sheriff‘s sale to Kagawa and the vesting of the properties in the Philippine Alien Property Administrator and the transfer thereof by the United States to the Republic of the Philippines be declared null and void. the latter‘s son Benito Lim filed a formal notice of claim to the property with the Philippine Alien Property Administrator. However. issued a vesting order on the authority of the Trading with the Enemy Act of the United States.

HELD: The government has waived its immunity and such waiver is implied by virtue of the terms provided in the deed of donation. The government is a beneficiary of the terms of the donation.dismissed the petition claiming that it is a suit against the government and should not prosper without the consent of the government. The availability of expert testimony and probative value of such testimony are evidentiary problems that can fit within the existing test. In addition. U. Judge Gee delivered the opinion of the court. Air Force stationed in Clark Air Base in connection with the bidding conducted by them for contracts for barber services in the said base. First. as a result of mental disease or defect. excluded the proffered evidence. But the government through the Bureau has breached the terms of the deed by not complying with such. . We hold that a defendant in a criminal case is not guilty by reason of insanity if at the time of the conduct. the requirement of proof beyond a reasonable doubt makes it an almost improbable task with regard to the present state of medical knowledge. ISSUE: Whether or not the existing insanity defense standard of a ―lack of capacity to conform one‘s conduct to the requirements of the law‖ coincides with current medical and scientific knowledge? HELD: No. Lyons sought to present expert witnesses who would testify that his drug addiction changed the physiology and psychology of his brain resulting in an incapacity to conform his conduct to the requirements of the law. therefore. testimony concerning volition is more likely to confuse the jury than testimony about an appreciation for the wrongfulness of an act. Although addiction is not a mental disease.S. There is a perception that an individual who successfully pleads insanity is released form custody. Our duty to investigate defendant‘s state of mind is not based on expert testimony. In almost every case. The trial court. the risks of fabrication in administering the insanity defense are greatest when the experts and the jury are asked to speculate about the defendant‘s capacity to control himself. Finally. During trial. Secondly. he is unable to appreciate the wrongfulness of his conduct. Further. to not allow the donor to be heard would be unethical and contrary to equity which the government so advances. defendant should be afforded the opportunity to offer such evidence in an attempt to satisfy the cognitive prong. Lyons claimed his drug addiction was a mental disease within the definition proscribed in the insanity defense. however. No. the addiction itself may cause actual physical damage to the brain resulting in a ―mental disease or defect‖ of the brain. Although the court no longer recognizes the volitional prong under the insanity defense. Case should prosper.A VS. The proper inquiry under either branch of the insanity test is a subjective one focusing on the defendant‘s state of mind. It is now contesting the denial of its motions by the respondent judges.R. Defendant rightfully sought to offer such evidence to the jury. 76607. GUINTO FACTS: Several cases have been consolidated because they all involve the doctrine of state immunity. The United States of America was not impleaded in the complaints below but has moved to dismiss on the ground that they are in effect suits against it to which it has not consented. Pleas of insanity are rarely successfully made and many do not even go to trial. LYONS VS USA FACTS: Lyons was convicted of twelve counts of knowingly and intentionally securing controlled narcotics. the private respondents are suing several officers of the U. the donor Santiago has the right to have his day in court and be heard. An adjudication of guilt is not only a factual determination but a moral judgment that an individual is to blame. but the ethical tenet that his mental state is a vital aspect of his blameworthiness. In addition. ISSUE: Whether or not the state has not waived its immunity from suit. In G. Dissent. Judge Rubin and Judge Tate dissenting. He offered evidence that in 1978 he became addicted to several prescription drugs given to him for pain relief from ailments. The court‘s decision rests on its desire to redefine insanity and to narrow the defense on policy considerations. a majority of psychiatrists believe there are not enough accurate scientific bases for measuring a person‘s capacity for self-control. We reach this conclusion for several reasons.S. the individual is hospitalized and evaluated for dangerousness.

thus opening itself to a counterclaim.S. In fact. "unduly vex the peace of nations. Fabian Genove filed a complaint for damages against petitioners Anthony Lamachia. which could serve as a basis of civil action between private parties. In G. 80018. A contrary disposition would.14 In such a situation. The defendants deny this and claim the plaintiffs were arrested for theft and were bitten by the dogs because they were struggling and resisting arrest. the added inhibition is expressed in the maxim par in parem. 6425. It had been ascertained after investigation. an information for violation of R. As applied to the local state.S. The defendants stress that the dogs were called off and the plaintiffs were immediately taken to the medical center for treatment of their wounds. The doctrine is sometimes derisively called "the royal prerogative of dishonesty" because of the privilege it grants the state to defeat any legitimate claim against it by simply invoking its non-suability. All states are sovereign equals and cannot assert jurisdiction over one another. In the case of the foreign state sought to be impleaded in the local jurisdiction. the defendants beat them up. He then filed a complaint for damages against the individual petitioners herein claiming that it was because of their acts that he was removed. which clearly imports that it may be sued if it consents. Lamachia. the suit must be regarded as against the state itself although it has not been formally impleaded. was arrested following a buy-bust operation conducted by the individual petitioners herein. express or implied.A. No. Bautista was dismissed from his employment. Waiver is also implied when the government files a complaint. otherwise known as the Dangerous Drugs Act. Dye and Stephen F. This was effected on March 5. The general law waiving the immunity of the state from suit is found in Act No. Wilfredo Belsa. On the basis of the sworn statements made by them. According to the plaintiffs. 1986. the rule says that the state may not be sued without its consent. for injuries allegedly sustained by the plaintiffs as a result of the acts of the defendants. Tomi J. Air Force and special agents of the Air Force Office of Special Investigators (AFOSI).R. Darrel D. The rule is that if the judgment against such officials will require the state itself to perform an affirmative act to satisfy the same. PACAF Clark Air Force Base. 3083. The abovenamed officers testified against him at his trial. was filed against Bautista in the Regional Trial Court of Tarlac. in the language of a celebrated case. That is hardly fair.9 There is a conflict of factual allegations here. David C.R. King. for the state is not an unfeeling tyrant unmoved by the valid claims of its citizens. Bostick.In G. namely. it is deemed to have descended to the level of the other contracting party and divested of its sovereign immunity from suit with its implied consent. Genove's reaction was to file Ms complaint in the Regional Trial Court of Baguio City against the individual petitioners." While the doctrine appears to prohibit only suits against the state without its consent. suspended him and thereafter referred the case to a board of arbitrators conformably to the collective bargaining agreement between the Center and its employees. RULING: The answer depends on each and every case involved.R. the doctrine is not absolute and does not say the state may not be sued under any circumstance. . such as the appropriation of the amount needed to pay the damages awarded against them. a complaint for damages was filed by the private respondents against the herein petitioners (except the United States of America)." There are other practical reasons for the enforcement of the doctrine. 80258. that Genove had poured urine into the soup stock used in cooking the vegetables served to the club customers. by Col. ISSUE: Whether or not the doctrine of state immunity is applicable on the said cases. the state may move to dismiss the complaint on the ground that it has been filed without its consent. as club manager. No. In G. Commander of the 3rd Combat Support Group. handcuffed them and unleashed dogs on them which bit them in several parts of their bodies and caused extensive injuries to them. non habet imperium. at least in democratic societies. Air Force Recreation Center at the John Hay Air Station in Baguio City. When the government enters into a contract. who was employed as a barracks boy in Camp O' Donnell. As a result of the filing of the charge. 79470. an extension of Clark Air Base. On the contrary. the doctrine of state immunity is based on the justification given by Justice Holmes that "there can be no legal right against the authority which makes the law on which the right depends. No. Rose Cartalla and Peter Orascion for his dismissal as cook in the U. Kimball. it is also applicable to complaints filed against officials of the state for acts allegedly performed by them in the discharge of their duties. under which the Philippine government "consents and submits to be sued upon any moneyed claim involving liability arising from contract. from the testimony of Belsa Cartalla and Orascion. Luis Bautista. The board unanimously found him guilty and recommended his dismissal. officers of the U.

the defendants are sought to be held answerable for personal torts in which the United States itself is not involved. a function of the government of highest order. No. COURT OF FIRST INSTANCE FACTS: Petitioners as plaintiffs in a complaint filed with the Court of First Instance of Cebu. 90. 2. HELD: The traditional role of the state immunity exempts a state from being sued in the courts of another state without its consent or waiver.00. which has not given its consent to be sued. 1986. the rules of international law are not petrified. they are continually and evolving and because the activities of states have multiplied. However.R. the petition is GRANTED and Civil Case No. alleging that in 1927 the National Government through its authorized representatives took physical and material possession of it and used it for the widening of the Gorordo Avenue. a national road. There was an allegation of repeated demands for the payment of its price or return of its possession. No. a suit for specific performance was filed by him against the US. The temporary restraining order dated December 11. this is a matter of evidence.R. the project are integral part of the naval base which is devoted to the defense of both US and Philippines. The temporary restraining order dated October 14. However. The temporary restraining order dated October 27.250. Thereafter. the Court hereby renders judgment as follows: 1. the complaint was US VS. the petition is DISMISSED and the respondent court is directed to proceed with the hearing and decision of Civil Case No.00 per square meter or a total price of P52. Respondent alleges that it won in the bidding conducted by the US for the construction of wharves in said base that was merely awarded to another group. 1965. In G. 4. The base was one of those provided in the military bases agreement between Phililppines and the US. It has been necessary to distinguish them between sovereign and governmental acts and private. Cebu City. dated April 13. but defendants Public Highway Commissioner and the Auditor General refused to restore its possession. without paying just compensation and without any agreement. appraising the reasonable and just price of Lot No. WHEREFORE. Zambales. 647-B at P50. commercial and proprietary acts. In fact. 3. It does not apply where the contracts relates the exercise of its sovereign function. 79470. 80258. ISSUE: . A state may be descended to the level of an individual and can thus be deemed to have tacitly given its consent to be sued. This rule is necessary consequence of the principle of independence and equality of states.R. after considering all the above premises.There is no question that the United States of America. 4996. the appraisal committee of the City of Cebu approved Resolution No. In G. is LIFTED Whether the US naval base in bidding for said contracts exercise governmental functions to be able to invoke state immunity. The result is that state immunity now extends only to sovereign and governmental acts. In G. 1987. 1987. The restrictive application of state immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign. The charges against them may not be summarily dismissed on their mere assertion that their acts are imputable to the United States of America. 4772. the petition is DISMISSED and the respondent judge is directed to proceed with the hearing and decision of Civil Case No. If found liable. In G. is LIFTED. the petition is GRANTED and Civil Case No. 80018. sought the payment of just compensation for a registered lot. In this case. No. they and they alone must satisfy the judgment. RUIZ FACTS: The USA had a naval base in Subic. It is only when the contract involves its sovereign or governmental capacity that no such waiver may be implied. either written or verbal. For this reason. 829-R(298) is DISMISSED. 76607. they are not utilized for. will be deemed to have impliedly waived its non-suability if it has entered into a contract in its proprietary or private capacity. Its commercial activities of economic affairs. The other petitioners in the cases before us all aver they have acted in the discharge of their official functions as officers or agents of the United States. 1966.R. indisputably. like any other state. No. Only when it enters into business contracts. It was further alleged that on August 25. nor dedicated to commercial or business purposes. is made permanent. containing an area of 1045 square meters. 115-C-87 is DISMISSED. MINISTERIO VS.

The doctrine of governmental immunity from suit cannot be an instrument for perpetrating an injustice on a citizen. Sec. petitioners would not be in sad plaint they are now. the appellant remains the owner of the whole lot. and that the National Government has not as yet paid the value of the land which is being utilized for public use. is the registered owner of Lot No. RT-5963 containing an area of 1. Barredo.00 per square meter. the principal defense relied upon was that the suit in reality was one against the government and therefore should be dismissed. now respondents. Without prior expropriation or negotiated sale. Amigable's counsel wrote the President of the Philippines. but denied on grounds primarily that government is immune from suit without its consent. No annotation in favor of the government of any right or interest in the property appears at the back of the transfer certificate of title of said lot." The lower court dismissed the complaint on January 30. Auditor General disallowed it.045 square meters. either the restoration of possession or the payment of the just compensation. with an area of 6. 90. AMIGABLE VS. The only relief available (since Avenues have been constructed) is for the government to make due compensation. 1969 stating that the case is undoubtedly against the National Government and there is now showing that the Government has not consented to be sued in this case. CUENCA FACTS: Appeal from CFI of Cebu. now Associate Justice. the aggrieved party may properly maintain a suit against the government without thereby violating the doctrine of governmental immunity from suit without its consent (Ministerio vs. ISSUE: Whether or not the appellant may properly sue the government under the facts of the case. Since no annotation in favor of the government appears at the back of her certificate of title and that she has not executed any deed of conveyance of any portion of her lot to the government. HELD: It is not immune from suit.amended on June 30. the decision of the CFI of Cebu to dismiss the complaint by reason Government immunity from suit correct? HELD: NO. the basis should be the price or value thereof at the time of the taking. 1966 in the sense that the remedy prayed for was in the alternative. Government should pay attorney‘s fees. the appellant herein. CFI of Cebu). The plaintiff is entitled to damages in the form of legal interest on the price of the land from the time it was taken up to the time that payment is made by the government. Amigable filed for recovery of ownership to said CFI. Antonio P. That the Appraisal Committee of Cebu City approved Resolution No. INTERMEDIATE FACTS: . 647-B is still in the possession of the National Government the same being utilized as part of the Gorordo Avenue. 1 (2) of the Constitution. Victoria Amigable. the government used a portion of said lot. To determine due compensation for the land. the parties submitted a stipulation of facts to this effect: "That the plaintiffs are the registered owners of Lot 647-B of the Banilad estate described in the Survey plan RS-600 GLRO Record No. 1969. 639 of the Banilad Estate in Cebu City. ISSUE: Whether or not. Series of 1965 fixing the price of Lot No. It is unthinkable then that precisely there was a failure on what the law requires and the petitioners has the right to demand from the Government what is due to them. That the National Government in 1927 took possession of Lot 647-B Banilad estate. In the answer filed by defendants. 5988 and more particularly described in Transfer Certificate of Title No. Cebu City. requesting payment of the portion of her lot which had been appropriated by the government. The Supreme Court decided that the lower court‘s decision of dismissing the complaint is reversed and the case remanded to the lower court for proceedings in accordance with law. and used the same for the widening of Gorordo Avenue. through the then Solicitor General. If there were an observance of procedural regularity. Then on July 11. DE LOS SANTOS APPELATE COURT VS. That Lot No. dismissing plaintiff‘s complaint. 647-B at P50. no consent having been shown. for the construction of the Mango and Gorordo Avenues. The petitioners appealed by certiorari to review the decision and contended that they are entitled for just compensation under the Art III. Where the government takes away property from a private landowner for public use without going through the legal process of expropriation or negotiated sale.167 square meters.

1990. i. The Republic was able to establish a prima facie case for the forfeiture of the Swiss funds pursuant to RA 1379. The basis for the forfeiture in favor of the government cannot be deemed to have been established and our judgment thereon.S. Rizal (19. hence subject to forfeiture. that the Three Hundred Fifty-six Million U." The evidence offered for summary judgment of the case did not prove that the money in the Swiss Banks belonged to the Marcos spouses because no legal proof exists in the record as to the ownership by the Marcoses of the funds in escrow from the Swiss Banks. perforce. a suit may properly be maintained against the government. The treasury notes are frozen at the Central Bank of the Philippines. through the Presidential Commission on Good Government (PCGG). using various foreign foundations in certain Swiss banks. by virtue of the freeze order issued by the PCGG. ISSUE: Whether or not petitioner Republic was able to prove its case for forfeiture in accordance with the requisites of Sections 26 and 37 of RA 1379? HELD: REPUBLIC V.061 square meters). cause the inventory of and distribute all assets presumed to be owned by the Marcos family under the conditions contained therein. and (2) the extent to which the amount of that money or property exceeds. Supplemental Agreement dated December 28. They also filed Civil Case no. HELD: YES. . ISSUE: Whether or not the State may be sued being that it has not given its consent. as ill-gotten wealth. In addition. The two cases were consolidated and Solicitor General filed a motion to dismiss both cases. against Lorenzo Cadiente. Before the case was set for pre-trial. whether it be in his name or otherwise. The General Agreement/Supplemental Agreements sought to identify. The following facts must be established in order that forfeiture or seizure of the Swiss deposits may be effected: (1) ownership by the public officer of money or property acquired during his incumbency. collate. if its amount or value is manifestly disproportionate to the official salary and other lawful income of the public officer who owns it. e. 1993 were executed by the Marcos children and then PCGG Chairman Magtanggol Gunigundo for a global settlement of the assets of the Marcos family. dollars (US$356 million) belongs in principle to the Republic of the Philippines provided certain conditionalities are met x x x. filed a petition for forfeiture before the Sandiganbayan pursuant to RA 1379 declaration of the aggregate amount of US$ 356M deposited in escrow in the PNB. The doctrine of governmental immunity from suit cannot serve as an instrument for perpetratingan injustice on a citizen. the Sandiganbayan denied the Republic's motion for summary judgment. 46800." The Republic filed the petition for certiorari. The civil action may be based under Art 32 NCC and the constitutional provisions on rights against privation of property without due process of law and without just compensation. 46801 against deprivation of property without due process of law and without compensation. From Amigable v Cuenca: where a governments takes away property from a private landowner for public use without going through the legal process of expropriation or negotiated sale..Petitioners were co-owners of a parcel of land located in Barrio Wawa.Binangonan. (3) that the said amount is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property. represented by the Office of the Solicitor General (OSG). The funds were previously held by 5 account groups. They filed civil case no. now Bangko Sentral ng Pilipinas. Respondents also constructed an artificial creek occupying 2906 square meters of their property. SANDIGANBAYAN FACTS: Republic (petitioner). must also have been without basis. a private contractor and Provincial Engineer constructed a road within their property without their consent. is grossly disproportionate to.‖ Hearings were conducted by the Sandiganbayan on the motion to approve the General/Supplemental Agreements. a General Agreement and the RA 1379 raises the prima facie presumption that a property is unlawfully acquired. The General Agreement specified in one of its premises or "whereas clauses" the fact that petitioner "obtained a judgment from the Swiss Federal Tribunal on December 21. the Republic sought the forfeiture of US$25 million and US$5 million in treasury notes which exceeded the Marcos couple's salaries other lawful income as well as income from legitimately acquired property. the legitimate income of the public officer. In a resolution dated 31 January 2002.

ISSUE: Is the Writ of Execution issued by Judge Villasor valid? HELD: It is a fundamental postulate of constitutionalism flowing from the juristic concept of sovereignty that the state as well as its government is immune from suit unless it gives its consent.43. On the contrary. both dictated by logic and sound sense from a basic concept is that public funds cannot be the object of a garnishment proceeding even if the consent to be sued had been previously granted and the state FACTS: Petitioner Department of Agriculture (DA) and Sultan Security Agency entered into a contract for security services to be provided by the latter to the said governmental entity. are hereby forfeited in favor of petitioner. not because of any formal conception or obsolete theory.175. uniform allowances. express or . Villasor directed the Sheriffs of Rizal Province. holiday pay. since the government funds and properties may not be seized under writs of execution or garnishment to satisfy such judgments. as correctly phrased. liability adjudged. The funds of the Armed Forces of the Philippines on deposit with Philippine Veterans Bank and PNB are public funds duly appropriated and allocated for the payment of pensions of retirees. The petitioner charges the NLRC with grave abuse of discretion for refusing to quash the writ of execution. Ferdinand and Imelda Marcos had acquired and owned properties during their term of office. Petitioner. The Swiss deposits which were transferred to and are now deposited in escrow at the Philippine National Bank in the estimated aggregate amount of US$658. the petitioner asserts. it claims." its clear import then is that the State may at times be sued. The petitioner faults the NLRC for assuming jurisdiction over a money claim against the Department. HELD: The rule. night shift differential pay. A sovereign is exempt from suit. and overtime pay. REPUBLIC VS. the general law waiving the immunity of the state from suit is found in Act No. in any case. the doctrine only conveys. Quezon City as well as Manila to execute said decision. is not really absolute for it does not say that the state may not be sued under any circumstances. The Swiss accounts of the Marcoses had balances amounting to US$356 million. but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. The Provincial Sheriff of Rizal served Notices of Garnishment with several Banks. several guards filed a complaint for underpayment of wages.372.Ferdinand and Imelda Marcos were public officers. In this jurisdiction. as well as for damages against the DA and the security agency. The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects. Thereafter. 3083. nonpayment of 13th month pay. the NLRC has disregarded the cardinal rule on the nonsuability of the State. a figure beyond the aggregate legitimate income of $304. "the state may not be sued without its consent. pay and allowances of military and civilian personnel and for maintenance and operations of the AFP. is based on obvious considerations of public policy. where the Philippine government "consents and submits to be sued upon any money claims involving liability arising from contract. as evidenced by their admittance regarding the ownership of the Swiss accounts. falls under the exclusive jurisdiction of the Commission on Audit. The Petition was granted. on certiorari. filed prohibition proceedings against respondent Judge Villasor for acting in excess of jurisdiction with grave abuse of discretion amounting to lack of jurisdiction in granting the issuance of a Writ of Execution against the properties of the AFP. plus interest. it may limit claimant‘s action only up to the completion of proceedings anterior to the stage of execution and that the power of the Courts ends when the judgment is rendered. More importantly. guards were deployed by Sultan Security Agency in the various premises of the DA. Pursuant to their arrangements. hence the notices and garnishment are null and void. ISSUE: Whether or not the petitioner can be sue. 2002. VILLASOR. NLRC FACTS: Respondent Honorable Guillermo Villasor issued an Order declaring the decision final and executory. which. as appropriated by law. especially on Philippine Veterans Bank and PNB.373.60 as of January 31. A corollary. ET AL DEPARTMENT OF AGRICULTURE VS. The universal rule that where the State gives its consent to be sued by private parties either by general or special law.

. They. against petitioner Larkins. III of the NLRC.S. Frankhauser and not the Base Commander. likewise. which could serve as a basis of civil action between private parties. distinction must still be made between one which is executed in the exercise of its sovereign function and another which is done in its proprietary capacity. Private respondents were dismissed from their employment by Lt.It is basic that the Labor Arbiter cannot acquire jurisdiction over the person of the respondent without the latter being served with summons. Pampanga. He instead. still the case could not prosper. Col. Respondents do not dispute petitioner's claim that no summons was ever issued and served on her. She may have raised in her pleadings grounds other than lack of jurisdiction. Summonses and other processes issued by Philippine courts and administrative agencies for United States Armed Forces personnel within any U. HELD: No jurisdiction was ever acquired by the Labor Arbiter over the case and the person of petitioner and the judgment rendered is null and void. both original and amended. He found both Lt. Respondent Labor Arbiter did not follow said procedure. that they sent notices of the hearings to her Notices of hearing are not summonses. This rule. ISSUE: Whether or not the questioned resolutions are null and void. Frankhauser and petitioner ―guilty of illegal dismissal" and ordered them to reinstate private respondents with full back wages.NLRC FACTS: On August 12.S. Be that as it may. Government. However. 1988. and obtain the server's affidavit for filing with the appropriate court. addressed the summons to Lt. There is no allegation from the pleadings filed that Lt. appealed to the NLRC and participated in the oral argument before the said body. or if that is no longer possible.S. but these grounds were discussed in relation to and as a result of the issue of the lack of jurisdiction. The provisions and prevailing jurisprudence in Civil Procedure may be applied by analogy to NLRC proceedings (Revised Rules of the NLRC." Implied consent. In the absence of service of summons or a valid waiver thereof. In this situation. private respondents filed a complaint with the Regional Arbitration Branch No. The employer of private respondents. The employer of private respondents was neither Lt. Col. is not. If he withholds giving his permission. the Labor Arbiter rendered a decision granting all the claims of private respondents. Sec. Frankhauser nor petitioner. is conceded when the State itself commences litigation. the government is deemed to have descended to the level of the other contracting party and to have divested itself of its sovereign immunity. however. This. Not all contracts entered into by the government operate as a waiver of its nonsuability. Pampanga. base in the Philippines could be served therein only with the permission of the Base Commander. Frankhauser failed to answer the complaint and to appear at the hearings. he should instead designate another person to serve the process. Col. does not constitute a waiver of the lack of summons and a voluntary submission of her person to the jurisdiction of the Labor Arbiter. however. petitioner set forth only one issue and that is the absence of jurisdiction over her person. private respondents named 3AGSasone of the respondents in their complaint.implied. Lt." petitioner argued that the attempts to serve her with notices of hearing were not in accordance with the provisions of the RP-US Military Bases Agreement of 1947. failed to submit their position paper. If an appearance before the NLRC is precisely to question the jurisdiction of the said agency over the person of the defendant. 3). without qualification. Petitioner. On the basis of private respondents' position paper and supporting documents. and Cunanan (the new contractor ) for illegal dismissal and under payment of wages. in the case at bench. thus opening itself to a counterclaim or when it enters into a contract. however. Petitioner and Lt. a member of the United States Air Force (USAF) assigned to oversee the dormitories of the Third Aircraft Generation Squadron (3AGS) at Clark Air Base. Frankhauser acting for and in behalf of the U. LARKINS VS. Frankhauser. the hearings and judgment rendered by the Labor Arbiter are null and void. to pay private respondents' separation pay. on the assumption that petitioner validly waived service of summons on her. as found by NLRC. which the Labor Arbiter deemed a waiver on their part to do so. San Fernando. Col. was the U.. Col. Petitioner appealed to the NLRC claiming that the Labor Arbiter never acquired jurisdiction over her person because no summons or copies of the complaints. They contend. Frankhauser and petitioner were being sued in their personal capacities for tortuous acts. In her "Supplemental Memorandum to Memorandum of Appeal. relied upon by the NLRC and the private respondents. then this appearance is not equivalent to service of summons. In effect. on the other hand. Col. RuleI. Col. were ever served on her.

000. The nonsuability clause raised by PVTA being a government owned corporation was also denied citing previous decisions held by the Supreme Court specifically citing that of Manila Hotel Employees Association vs Manila Hotel Company and to quote 'it is wellsettled that when the government enters into commercial business.instead of P25. 2) NO. It is to be admitted that under the present Constitution.724. assuming that jurisdiction was acquired over the United States Government and the monetary claims of private respondents proved. We will now examine the substantive law touching the defendant's liability for the negligent acts of its officers. Col. who is an alleged agent or employee of the Government. PNB VS. It merely gives a remedy to enforce a pre-existing liability and submits itself to the jurisdiction of the court. Consequently. ISSUE: 1) WON the Government conceded its liability to the plaintiff by allowing a law suit to commence against it. By consenting to be sued a state simply waives its immunity from suit. and employees. GOVERNMENT PHILIPPINEISLANDS OF THE FACTS: Counsel for the plaintiff insists that the trial court erred (1) "in limiting the general damages which the plaintiff suffered to P5.Government which. and (c) in rendering judgment against the defendant for the sum of P14. HELD: 1) NO. ISSUE: The petitioner is requesting for certiorari against the writ of execution authorized by the Hon Judge Pabalan regarding the transfer of funds amounting to P12. MERRITT VS. Frankhauser and petitioner in their personal capacities.741." In addition. agents. thus." The Attorney-General on behalf of the defendant urges that the trial court erred: (a)in finding that the collision between the plaintiff's motorcycle and the ambulance of the General Hospital was due to the negligence of the chauffeur. the Government issued an act allowing the plaintiff to commence a lawsuit against it." and (2) "in limiting the time when plaintiff was entirely disabled to two months and twenty-one days and fixing the . Indeed. what was formerly implicit as a fundamental doctrine in constitutional law has been set forth in express terms: "The State may not be sued without its consent. or create any cause of action in his favor. The chauffeur of the ambulance of the General Hospital was not such an agent.666.' damage accordingly in the sum of P2. but not when the damage should have been caused by the official to whom properly it pertained to do the act performed. or extend its liability to any cause not previously recognized. The responsibility of the state is limited to that which it contracts through a special agent.000 as claimed by plaintiff in his complaint. HELD: The certiorari was dismissed without cost by the Supreme Court saying that the funds held by PNB is subject for garnishment. but by the United States government. PABALAN FACTS: Philippine National Bank invoked the doctrine of non-suability in behalf of PVTA. by right of sovereign power. duly empowered by a definite order or commission to perform some act or charged with some definite purpose which gives rise to the claim. instead of P6. subject to its right to interpose any lawful defense. such awards will have to be satisfied not by Lt. the amount held by said bank is subject to garnishment. it abandons its sovereign capacity and is to be treated like any other corporation. (b) in holding that the Government of the Philippine Islands is liable for the damages sustained by the plaintiff as a result of the collision.000 as claimed in the complaint.66 belonging to Philippine Virginia Tobacco Administration. It does not thereby concede its liability to plaintiff. even if it be true that the collision was due to the negligence of the chauffeur. operated and maintained the dormitories at Clark Air Base for members of the USAF. Paragraph 5 of article 1903 of the Civil Code reads: The state is liable in this sense when it acts through a special agent. 2) WON the chauffeur is a government employee or agent. in which case the provisions of the preceding article shall be applicable . the writ of execution be imposed immediately.

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