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

4 and 8 on the ground ( a. 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. 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). HELD: YES. Petitioners assailed the manner by which the special election was conducted for violating the precedents set by the 1951 & 1955 special elections. Thus. place & manner of the special election. His election is merely incidental to the petitioner‘s case of action. 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. president of People‘s Initiative for Reforms. On June 17. inconsistent with Sec. A single canvassing of votes for a single list of senatorial candidates was also done. Without any COMELEC resolution/notice on the time. 1970 Republic Act 6132 was approved implementing Sec. 4 and 8 of Republic Act 6132 are constitutional or valid because while Sec. 4 and 8 of Republic Act 6132 is constitutional. 4 and 8 of case page 4. COMELEC FACTS: Private respondent Atty. Sec. 3 of Resolution 2 (b. where only the Senate Electoral Tribunal can serve as judge. Senator Roco filed a motion to dismiss the Delfin petition on the ground that one which is cognizable by the COMELEC. NOT his right in the exercise of his office as Senator. HELD: Supreme Court held that Sec.) that Sec.4 which provides: copy Sec. He based this petition on Article XVII. the IBP.) they are contrary to and . 1 and 2 of Resolution No. through People‘s Initiative. ISSUE: Whether or not Sec.single 3-year term seat. 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. 2 of the 1987 Constitution. and Laban ng Demokratikong Pilipino appeared as intervenors-oppositors. Jesus Delfin. Modernization and Action (PIRMA). Lifting of the IN RE: SUBIDO FACTS: On March 16. the special election was held on the scheduled May 14 2001 regular elections. The petitioners herein Senator Santiago. Senator Roco. which provides for the right of the people to exercise the power to directly propose amendments to the Constitution. 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. 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. No such law has been passed. At the hearing. both of which were held simultaneously & yet distinctly w/ the regular general elections. 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. 8. (2) the people‘s initiative is limited to amendments to the Constitution. Petitioners Subido and the Commission of Civil Service Commission who are all government officials and employees assail the validity of Sec. Hence on August 24. filed with COMELEC a petition to amend the constitution to lift the term limits of elective officials. 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. 2 and adding a new provision of Sec. 1969 the congress passed Resolution 4 amending Sec. Public Interest Law Center. 8 and Sec. SANTIAGO VS. 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. Alexander Padilla. not to revision thereof. Demokrasya-Ipagtanggol ang Konstitusyon.

The Lambino Group alleged that their petition had the support of 6. The Lambino Group miserably failed to comply with the basic requirements of the Constitution for conducting a people‘s initiative. and prohibiting political dynasties.3 million individuals. as it would affect other provisions of the Constitution such as the synchronization of elections. considering the Court‘s decision in the above Issue. HELD: It is much too late in the day to deny the force and applicability of the 1973 Constitution. Although the Constitution has recognized or granted the right. the latter cannot validly promulgate rules and regulations to implement the exercise of the right to people‘s initiative. 174153. this Court stated that it did so by a vote of six to four. LAMBINO VS. respectively. the Javellana ruling to the contrary notwithstanding. 6735 or the Initiative and Referendum Act (―RA 6735‖). COMELEC FACTS: On 15 February 2006. 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. dismissing petitions for prohibition and mandamus to declare invalid its ratification. 2. the people cannot exercise it if Congress does not provide for its implementation. namely Raul L.952 individuals constituting at least twelve per centum (12%) of all registered voters. The . No. the constitutional guarantee of equal access to opportunities for public service. The Lambino Group prayed that after due publication of their petition. Art XVII of the Constitution is not selfexecutor.‖[6] These proposed changes will shift the present BicameralPresidential system to a Unicameral-Parliamentary form of government. HELD: Sec. with each legislative district represented by at least three per centum (3%) of its registered voters. The Supreme Court granted the Motions for Intervention. The Executive Secretary. ISSUE: Whether the 1973 Constitution was valid. 2.327. On 25 August 2006. both members of the Philippine Bar and former delegates to the 1971 Constitutional Convention that framed the present Constitution. 2300 which prescribes rules and regulations on the conduct of initiative on amendments to the Constitution is void. OCCENA VS. A revision cannot be done by initiative. commenced gathering signatures for an initiative petition to change the 1987 Constitution. XVII of the 1987 Constitution is a self-executing provision. Lambino and Erico B. ISSUE: Whether or not Sec. without implementing legislation the same cannot operate. the issue of whether or not the petition is a revision or amendment has become academic. The rather unorthodox aspect of these petitions is the assertion that the 1973 Constitution is not the fundamental law. Lambino Group also claimed that COMELEC election registrars had verified the signatures of the 6. 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.R. Aumentado (―Lambino Group‖). and in force and effect when the Batasang Pambansa resolutions and the present petitions were promulgated and filed. with other groups[1]and individuals.term limits constitutes a revision. Article XVII of the Constitution on amendments to the Constitution through a people‘s initiative. thus. The lifting of the term limits was held to be that of a revision. The portion of COMELEC Resolution No. Art. therefore it is outside the power of people‘s initiative. 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. Gonzales. The delegation of the power to the COMELEC being invalid. However. are suing as taxpayers. 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. In the dispositive portion of Javellana vs. Samuel Occena and Ramon A. petitioners in G. HELD: There is no merit to the petition. It has been an established rule that what has been delegated cannot be delegated (potestas delegata non delegari potest).

Javellana averred that the said constitution is void because the same was initiated by the president. the present Constitution came into force and effect. which cover Resolution Nos. 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 mere dismissal of a suit of this character suffices. 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. promulgated barely two weeks ago. In the latter case. there is an affirmation that what was done cannot be stigmatized as constitutionally deficient. The latest case in point is People v. Sola. As was so convincingly demonstrated by Professors Black and Murphy. 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. 1984 of Question Nos. Javellana. 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. and 113 until the nature and effect of the proposals are fairly and properly submitted to the electorate. Precisely. expediency. The issue before us has nothing to do with the wisdom of the proposed amendments. Further. 643. ISSUE: Whether or not the SC must give due course to the petition. It is as simple as that. 1984 to either approve or reject amendments to the Constitution proposed by Resolution Nos. Since then. Petitioners herein seek to enjoin the submission on January 27. or the dangers of abuse. 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. Thereafter. The questions are presented for their determination. It could even be said that there was a need for it. The issue is whether or not the voters are aware of the wisdom. 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. HELD: . a Filipino and a registered voter sought to enjoin the Exec Sec and other cabinet secretaries from implementing the said constitution. 104. ISSUE: Whether or not Questions 3 and 4 can be presented to the people on a later date. 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. 105. their desirability. 112. HELD: The necessity. a factor for instability was removed. What cannot be too strongly stressed is that the function of judicial review has both a positive and a negative aspect." Such a statement served a useful purpose. 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.It then concluded: "This being the vote of the majority. It made manifest that as of 17 January 1973. 105 and 113. as a matter of law. at least ten cases may be cited. 111. Marcos ordered the immediate implementation of the new 1973 Constitution. The 1973 Constitution is the fundamental law. That is the meaning of the concluding statement in Javellana. all doubts were resolved. the Filipino electorate will go to the polls on January 27. ALBA JAVELLANA VS EXECUTIVE SECRETARY FACTS: As provided for in Batas Pambansa Blg. During the first year alone of the affectivity of the present Constitution. there is no further judicial obstacle to the new Constitution being considered in force and effect. He argued that the President is w/o power to proclaim the ratification by the Filipino people of the proposed constitution. the Supreme Court can check as well as legitimate. 105 FACTS: In 1973. or the danger of the power being abused. the desirability. and wisdom of the proposed amendments are beyond the power of the courts to adjudicate. the election held to ratify such constitution is not a free election there being intimidation and fraud. It served to clear the atmosphere. COMELEC. this Court has invariably applied the present Constitution. In declaring what the law is. it may not only nullify the acts of coordinate branches but may also sustain their validity. and 113 of the Batasang Pambansa." ALMARIO VS. The proposed amendments are embodied in four (4) separate questions to be answered by simple YES or NO answers. 110.

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

GSIS FACTS: Pursuant to the privatization program of the government. R.109. She left properties in Tangier as well as in the Philippines. without pronouncement as to costs. as administrator of her estate. Among the properties in the Philippines are several parcels of land and many shares of stock.791. 232 SCRA 110. Manila Prince Hotel Corporation‘s bid was at P41. On the real estate. claiming that the KILOSBAYAN INC VS MORATO . 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. with the approval of the Secretary of Public Works and Communications. No.50 and her personal properties also in the Philippines had a value of P396. 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. accounts receivable and other intangible personal properties. 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. The real estate situated in the Philippines had a market value of P1. CIR VS CAMPOS RUEDA FACTS: Doña Maria de la Estrella Soriano Vda. And they do not have present substantial interest in the ELA as would entitle them to bring this suit. Act No. 113373. de Cerdeira died in Tangier (North Africa). 4052 grants the Director of Posts. 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. Manila Prince Hotel Corporation and Malaysian Firm Renong Berhad. HELD: Manila Prince Hotel Corporation should be awarded the sale pursuant to Art 12 of the 1987 Const. At the time of her demise. Article IX-D of the 1987 Constitution in relation to the COA Circular No. The court resolved that petition for a writ of prohibition is hereby denied. taxpayers or voters who actually sue in the public interest.582.308. the case of the petitioner would fail to take in weight. 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. In turn Manila Prince Hotel Corporation filed a TRO to avoid the perfection/consummation of the sale to Renong Berhad. paid the sum of P111. 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.58/per share while Renong Berhad‘s bid was at P44. ISSUE: Whether or not petitioners possess the legal standing to file the instant petition.00/share. GSIS decided to sell 30-51% of the Manila Hotel Corporation. on 2 January 1955.483. Two bidders participated.Whether or not the issuance of the postage stamps was in violation of the Constitution. she was married to a Spanish Citizen and a permanent resident of Tangier from 1931 up to her death. on the transfer of her real properties in the Philippines. Antonio Campos Rueda. The Supreme Court ruled in the negative. but refused to pay the corresponding deficiency estate and inheritance taxes due on the transfer of her intangible personal properties. 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. HELD: There has been no constitutional infraction in the case at bar.90. that it violated the law on public bidding of contracts as well as Section 2(2). Renong Berhad was the highest bidder hence it was logically considered as the winning bidder but is yet to be declared so. This is in light of the Filipino First Policy. but by concerned citizens. discretion to misuse postage stamps with new designs. Respondents questioned the petitioners' standing to bring this suit. Pending declaration.00 as estate tax and the sum of P151. Manila Prince Hotel Corporation matches Renong Berhad‘s bid but GSIS refused to accept. 85-55-A. Between the exercise of a poor judgment and the unconstitutionality of the step taken.48 as inheritance tax. Petitioners do not in fact show what particularized interest they have for bringing this suit. HELD: MANILA PRINCE HOTEL VS.

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

'(7) The determination of the political duties. After the Liberation of the Manila and the American occupation. and in this sense it is an entity different from our government. Judge Arsenio Dizon refused to continue hearings on the case. 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. It may sue and be sued in the same manner as any other private corporations. 3012. VALDEZ TAN KEH FACTS: Co Kim Chan had a pending civil case. and regulations of trade and industry. Take for instance the NACOCO. a function which our government has chosen to exercise to promote the coconut industry. 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. AQUINO FACTS: On February 25. 1986." ISSUE: Whether or not the government of Corazon Aquino is legitimate? HELD: Yes.HELD: GOCCs do not acquire that status for the simple reason that they do not come under the classification of municipal or public corporation. it was given a corporate power separate and distinct from our government. with the Court of First Instance of Manila. ** 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. '(6) The administration of justice in civil cases. without an enabling law. and the determination of its liabilities for debt or for crime. 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. HELD: Writ of mandamus issued to the judge of the Court of First Instance of Manila. health and safety regulations. 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". The court further held that: . '(5) The definition and punishment of crime. President Corazon Aquino issued Proclamation No. 1986.'" The most important of the ministrant functions are: public works. however. On March 25.3 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. privileges. 1 announcing that she and Vice President Laurel were taking power. LAWYER’S LEAGUE VS. public education. public charity. '(2) The fixing of the legal relations between man and wife and between parents and children. 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. '(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. '(3) The regulation of the holding. Commonwealth Act No. initiated during the Japanese occupation. transmission. ordering him to take cognizance of and continue to final judgment the proceedings in civil case no. proclamation No. and relations of citizens. 518). ISSUE: Whether or not judicial proceedings and decisions made during the Japanese occupation were valid and remained valid even after the American occupation. CO KIM CHAN VS. and interchange of property. '(4) The determination of contract rights between individuals. 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).

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

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

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. 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. Alinsug filed the petition for prohibition and mandamus with a prayer for a writ of preliminary injunction. residing in the Philippines by reason of such employment. Because of its income. Federico C. ISSUE: Whether or not Respondents are exempt from taxation. On the other hand. Rosal and . and political unit. To implement this Act. 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. Such being the case. The classification of cities into highly urbanized cities and component cities on the basis of their regular annual income is based upon substantial distinction. 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. Cabilao Jr. Furthermore. They vigorously assail Section 3 of BP 51. which went into effect without the benefit of ratification by the residents of Mandaue in a plebiscite or referendum. HELD: The equal protection of the law contemplates equality in the enjoyment of similar rights and privileges granted by law. 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. 2 of PI-US Military Bases Agreement of 1947). operation or defense. 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. excluding 18 cities (including Cebu and Mandaue) from participating in the election of provincial officials.admitted as special temporary visitors under the Philippine Immigration Act of 1940. Said circumstances are all present in the case at bar. Nelso J. COMELEC adopted Resolution 1421. the burden of proof of such exemption to taxation shall be upon the respondents. maintenance. 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. Ramon B. and RA 5519 (Charter of Mandaue City). COMELEC FACTS: On 22 December 1979. 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. 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. except to be a candidate therefor. Article XVIII of RA 5519 (Charter of Mandaue). maintenance. These cities being independent of the province in the administration of their affairs leaves the provincial government without governmental supervision over highly urbanized cities. XII par. and after hearing render Section 3 of BP 885 void. and the income derived is from the U. economic. operation or defense of the US Bases here as provided by the MBA. They prayed that a restraining order to temporarily prohibit the election for Provincial Governor and elective provincial officials in Cebu. The City of Mandaue is classified as a component city. 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. as taxpayers and registered voters in the Cities of Cebu and Mandaue. 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. the Interim Batasang Pambansa enacted Batas Pambansa 51 providing for local elections on 30 January 1980.S. Alejandro R. Ceniza. The revenue of a city would show whether or not it is capable of existence and development as a relatively independent social. as well as Section 96. of the bases.. 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. ISSUE: Whether the exclusion of inhabitants of highly urbanized cities and component cities from electing provincial government officials violate the equal protection of law. Government (Art. 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.

It is an office "under the supervision and control of the Secretary of Public Works and Communications. 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. it cannot be sued". RULING: Yes. thirty of whose affiliated members were working and under the employ of the respondent. if. SANTOS FACTS: An undivided parcel of land situated in the Municipality of Las Piñas. 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. Wherefore. PAREDES FACTS: Prior to the Court of Industrial Relations a petition was filed in case No. 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. 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. 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. that the respondent "is a semi-governmental transportation entity. 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. Nevertheless. having nine demands at length set forth in said petition be granted.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 . versus Metropolitan Transportation Service (Metran). incapable of suing or being sued and that a claim against it would in effect be a suit against the Government. 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. The same postulate may be applied to torts committed by officers or agents of the state. METRAN VS. the state itself may be sued even without its consent. 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. where and when the state or its government enters into a contract. which suit may not prosper without the Government's consent.and exclude therefrom the voters of highly urbanized cities. through its officers or agents. express provisions in Charter of a City may exclude registered voters of the city from voting for the provincial officials of the province. 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. Province of Rizal with an area of 21. Further. 36-V entitled "National Labor Union." under Executive Order No. 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. ISSUE: Whether or not the petitioners can sue the Civil Aeronautics Administration who is not a juridical entity. 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. The Administrator of the Civil Aeronautics Administration moved to dismiss the complaint for lack of jurisdiction and insufficiency of the complaint against him. ISSUE: Whether or not Metran can be able to invoke the Doctrine of State Immunity. in furtherance of a legitimate aim and purpose and pursuant to constitutional legislative authority. 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. Emiliana Santos and 5/7 undivided share for Leoncio Santos. popularly known as `Metran. 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. 59. unincorporated and possessing no juridical personality under the law." wherein petitioner alleged that it was a legitimate labor organization.

to wit. The Civil Aeronautics Administration. 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. G. It is based on the very essence of sovereignty. 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. and overtime pay. Thus. is based on obvious considerations of public policy. Thereafter. The DA and the security agency did not appeal the decision. No cost shall be taxed. DEPARTMENT OF AGRICULTURE VS. ISSUE: Whether or not the doctrine of non-suability of the State applies in the case. uniform allowances. 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. guards were deployed by Sultan Security Agency in the various premises of the DA. completion of proceedings anterior to the stage of execution‘ and that the power of the Courts ends when the judgment is rendered. 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 respect for to the are to be preserved and the dragging of its name in a suit to be prevented. as well as for damages against the DA and the security agency. In National Airports Corporation vs. we held that the Civil Aeronautics Administration may be sued and that the principle of state immunity from suit does not apply to it. the City Sheriff levied on execution the motor vehicles of the DA. And the omission or failure of the legislative department to do so is no obstacle or impediment for an individual or citizen. issued by respondent judge. No. as appropriated by law. since government funds and properties may not be seized under writs of execution or garnishment to satisfy such judgments.R. 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. The universal rule that where the State gives its consent to be sued by private parties either by general or special law. even if it is not a juridical entity. who is aggrieved by the breach of the contract. night shift differential pay. If the dignity of the state. 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. nonpayment of 13th month pay. holiday pay. L-5122. Thereafter. is valid. the decision became final and executory. Disbursements of public funds must be covered by the corresponding appropriation as required by law. 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.of entering into such contract. 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. ISSUE: Whether or not the writ of execution. 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. 30 April 1952. cannot legally prevent a party or parties from enforcing their propriety rights under the cloak or shield of lack of juridical personality. the sacredness of the institution. several guards filed a complaint for underpayment of wages. 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. 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. to bring an action against the state itself for the reasons already adverted to. 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*. it may limit claimant‘s action ‗only up to the . Pursuant to their arrangements.

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

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

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. In the case of foreign states. the Supreme Court agrees with the Court of Appeals that the Memorandum of Agreement dated May 12. if appropriate. of our Constitution. not from a mere memorandum. the trial court did not acquired jurisdiction over the public respondents. thus making the action a suit against that government without its consent. FACTS: VMPSI (Veterans Manpower and Protective Services. 1986 does not constitute an implied consent by the State to be sued. VMPSI filed a civil case against the PC chief and PC-SUSIA (Philippine Constabulary Supervisory Unit for Security and Investigation Agencies). since the acts for which the PC Chief and PC-SUSIA are being called to account in this case. 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.ISSUE: Whether or not the petitioners were performing their official duties? RULING: Yes.215. without malice. Section 2. 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. the appropriation of the necessary amount to cover the damages awarded. or beyond the scope of his authority or jurisdiction. however. ISSUE: Whether or not VMPSI s complaint against the PC Chief and PC-SUSIA is a suit against the State without its consent.255. such award will have to be satisfied not by the petitioners in their personal capacities but by the United States government as their principal. as in the present case." Our adherence to this precept is formally expressed in Article II. Inc.). 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. 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. WHEREFORE. a legislative act. 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. the petition is GRANTED. undoubtedly had supervision over its personnel. Furthermore. is that "there can be no legal right against the authority which makes the law on which the right depends. Thus. Given the official character of the letters. unfairc ompetition and combinations of restraint of trade and tend to favor and institutionalize the PADPAO(Philippine Association of Detective and Protective Services. 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. including the private respondents. HELD: Yes. as director of the special services department of NAVSTA. By the same token. Assuming that the trial can proceed and it is proved that the claimants have a right to the payment of damages. On May 12. As a result. Inc. a Memorandum of Agreement was executed by PADPAO and the PC Chief. Sanders. The consent of the State to be sued must emanate from statutory authority. This will require that government to perform an affirmative act to satisfy the judgment.) alleges that the provisions of RA 5487(Private Security Agency Law) violate the provisions of the Constitution against monopolies. as Holmes put it. which fixed the minimum monthly contract rate per guard for 8hours of security service per day at P2. 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. 1986. were performed as part of their official duties. The practical justification for the doctrine. A public official may sometimes be held liable in his personal or private capacity if he acts in bad faith. Without such consent. it is that government and not the petitioners personally that is responsible for their acts. viz.00 outside of Metro Manila. the doctrine of state immunity. or bad faith. VETERANS APPEAL MANPOWER VS COURT OF . 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.00 within Metro Manila and P2. Furthermore. no recovery may be had against them in their private capacities. gross negligence. hence. PADPAO refused to issue a clearance/certificate of membership to VMPSI.

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. Bradford filed a Petition for Restraining Order. (4) the Court can inquire into the factual circumstances of case to determine WON Bradford acted w/in or outside her authority. bags & car in front of Bradford & other curious onlookers. •July 14. oppressive & against Montoya‘s liberty guaranteed by Consti. where she had purchasing privileges. She claims that she has been exposed to contempt & ridicule causing her undue embarrassment & indignity. SC granted TRO enjoining RTC from enforcing decision. equipment & material. She believes that this case is under RP courts‘ jurisdiction because act was done outside the . 2 & 4(b) of NAVRESALEACT SUBIC INST. P100k for exemplary damages & P50k for actual expenses. Nothing irregular was found thus she was allowed to leave afterwards. •RTC granted Montoya‘s motion for the issuance of a writ of preliminary attachment and later on issued writ of attachment opposed by Bradford. necessary for the establishment. Bradford can‘t rely on sovereign immunity. It will also use facilities & areas w/in bases & will have effective command over the facilities. She‘s married to Edgardo Montoya. reckless. She claims that criminal acts of a public officer/employee are his private acts & he alone is liable for such acts. •July 6. 1987 – Montoya bought some items from the retail store Bradford managed. employees. UNITED STATES OF AMERICA VS. •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. Montoya allowed to present evidence & Bradford declared in default for failure to file an answer.1. 22. a Filipino-American serviceman employed by the US Navy & stationed in San Francisco. Yong Kennedy.Petition for review is denied and the judgment appealed from is affirmed in toto. Motion granted by RTC. 1987 – Summons & complaint were served on Bradford but instead of filing an answer. unlawful & highly-discriminatory and beyond Bradford‘s authority. •Montoya filed a formal protest w/Mr. Montoya can‘t recall any circumstance that would trigger suspicion of a wrong-doing on her part. •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. •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. She is aware of Bradford‘s propensity to suspect Filipinos for theft and/or shoplifting. a fellow ID checker approached her & told her that she needed to search her bags upon Bradford‘s instruction. 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. 5500. Roynon but no action was taken. 1987 – Montoya opposed Bradford‘s motion to dismiss. •Petitioner Maxine is an American Citizen employed at the JUSMAG headquarters as the activity exchange manager. an American Citizen. use & operation & defense thereof. Kennedy then performed the search on her person. power & authority w/in the bases. They further claim that checking of purchases at NEX is a routine procedure observed at base retail outlets to protect & safeguard merchandise. she would still not be covered by the immunity since she was acting outside the scope of her authority. Even if she were performing governmental acts. REYES FACTS: •Respondent Nelia Montoya. 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. cash & equipment pursuant to par. •Jan. Mrs. •May 13. She was awarded P300k for moral damages. Mrs. worked as an ID checker at the US Navy Exchange (NEX) at the US Military Assistance Group (JUSMAG) headquarters in Quezon City. She claims that: (1) search was outside NEX JUSMAG store thus it‘s improper. (2) due to excess in authority and since her liability is personal. (3) Bradford‘s act was committed outside the military base thus under the jurisdiction of Philippine courts. They claim that US has rights. After shopping & while she was already at the parking lot. Montoya approached Bradford to protest the search but she was told that it was to be made on all JUSMAG employees on that day. US personnel. RTC ruled in favor of Montoya claiming that search was unreasonable.

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

. SO ORDERED. CA negligence on the part of the plaintiff. CONTRIBUTED to his own damage. maintenance." FACTS: Ernest E. who was the plaintiff in the case before the lower court. considering the attendant factual circumstances. equipping. 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. was Honorary Consul General of Israel in the Philippines. 813] The private respondent. and are not supposed to be omniscient of the future. Responsibility of CAA The SC held that pursuant to Art. could not have reasonably foreseen the harm that would befall him. No. 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. expanding. 37 Phil. and of the place. He underwent a 3-hour operation and after recovery he filed a claim for damages against the Civil Aeronautics Administration (CAA). Hence they can be expected to take care only when there is something before them to suggest or warn of danger. 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. As the plane was landing. it was the duty of the actor to take precautions to guard against that harm. INTERMEDIATE APPLELATE COURT VS. It was there for no other purpose but to drain water on the floor area of the terrace. constructing. "WHEREFORE. Smith. While walking. it was found that the terrace was in poor condition.. Reasonable foresight of harm. Under RA 776. 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. "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." Here. 1173. followed by the ignoring of the suggestion born of this prevision. 2179. . foresee harm as a result of the course actually pursued' If so. a facility open to the public. which was the government entity in charge of the airport.. which although not the proximate cause of his injury. The law here in effect adopts the standard supposed to be supplied by the imaginary conduct of the discreet paterfamilias of the Roman law. Simke. 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. requires that CAA insure the safety of the viewers using it.CIVIL AERONAUTICS ADMINISTRATION VS. a naturalized Filipino citizen. He went to Manila International Airport to meet his future son-in-law. or negligent in the man of ordinary intelligence and prudence and determines liability by that. They are not. The law considers what would be reckless. he and his companions went to the viewing deck to watch the arrival of the plane." But upon ocular inspection by the trial court. Could a prudent man. in the case under consideration. is always necessary before negligence can be held to exist. 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. supra. of the time. Simke slipped on an elevation 4 inches high and fell on his back. the obligation of the CAA in maintaining the viewing deck. the CAA is charged with the duty of planning. of the Manila International Airport.etc. 51172-R is AFFIRMED. Contributory Negligence Under Art. the Petition for review on certiorari is DENIED and the decision of the Court of Appeals in CA-G. The Court found no contributory PHILIPPINE NATIONAL RAILWAYS. considering the following test formulated in the early case of Picart v.. contributory negligence contemplates a negligent act or omission on the part of the plaintiff. [Picart v.. Even if the private respondent had been looking where he was going. 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. designing. finding no reversible error. then he is guilty of negligence. the step in question could not easily be noticed because of its construction. ISSUE: Whether or not CAA was negligent. p. blameworthy.R. Smith. breaking his thigh bone in the process.

The proximate cause of the injury having been established to be the negligence of petitioner. at an unholy hour as 2:00 a.00 as moral damages to the heirs of Rhonda Brunty is proper. Moncada. 5 A certain James Harrow 6 brought Rhonda Brunty to the Central Luzon Doctor‘s Hospital in Tarlac. and Mariano Ledesma the Director of the Bureau of Printing. PNR Train No. Serafin Salvador. was brought via ambulance to the same hospital. driven by Rodolfo L. the Acting Secretary of the Department of General Services. 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. Rhonda Brunty. came to the Philippines for a visit sometime in January 1980. driven by Alfonso Reyes. It was about 12:00 midnight.00. and in lieu thereof. alleged. that the Bureau of Printing has no juridical personality to sue and be sued.00 is likewise proper. 1980. by way of affirmative defenses. Considering the circumstances attendant in this case.m. Garcia. or where it is impossible to determine whose fault or negligence caused the loss. 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. Ponciano Arganda and Teodulo Toleran — filed by an acting prosecutor of the Industrial Court against herein petitioner Bureau of Printing. is chargeable with the loss.m. 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. and later to the Makati Medical Center for further treatment. BUREAU OF PRINTING VS. T-71. T-71. Mercelita. Thus. When PNR did not respond.. The petitioners Bureau of Printing. compensatory. Garcia and Mercelita were already approaching the railroad crossing at Barangay Rizal. driving at approximately 70 km/hr. In view of recent jurisprudence. 1981. January 24.000. traveled to Baguio City on board a Mercedes Benz sedan with plate number FU 799. The award of actual damages is deleted. Tarlac. daughter of respondent Ethel Brunty and an American citizen. the one who had the last clear opportunity to avoid the loss but failed to do so. who had suffered severe head injuries. was on its way to Tutuban. The award of moral damages is reduced to P500. He was transferred to the Manila Doctor‘s Hospital. Roberto Mendoza. where she was pronounced dead after ten minutes from arrival. Ethel Brunty sent a demand letter 8 to the PNR demanding payment of actual. or coercing the employees of the Bureau of Printing particularly the members of the complaining association petition.00 is awarded to the heirs of Rhonda Brunty.000. that said Bureau of Printing is not an industrial concern engaged for the purpose of . Mercelita was instantly killed when the Mercedes Benz smashed into the train. we find that an award of P500. By then. and moral damages. together with her Filipino host Juan Manuel M. the two other passengers suffered serious physical injuries. as a result of her daughter‘s death. unaware of the railroad track up ahead and that they were about to collide with PNR Train No. we hold that the above doctrine finds no application in the instant case. 1980. On July 28. The complaint alleged that Serafin Salvador and Mariano Ledesma have been engaging in unfair labor practices by interfering with.000. January 25. temperate damages of P25. Garcia. the antecedent negligence of plaintiff does not preclude him from recovering damages caused by the supervening negligence of defendant. Metro Manila 4 as it had left the La Union station at 11:00 p.FACTS: Rhonda Brunty.00 for the death of Rhonda Brunty and attorney‘s fees amounting to P50. ISSUE: Whether or not PNR will be liable for damages. Ethel Brunty and Garcia. Stated differently. Mercelita. among other things. As to whether or not the doctrine of last clear chance is applicable. filed a complaint 9 for damages against the PNR before the RTC of Manila.000. 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. 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. that respondents Pacifico Advincula. drove past a vehicle. more so. who had the last fair chance to prevent the impending harm by the exercise of due diligence. we rule in the negative. 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. indemnity of P50. Prior to her departure. she.000.

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

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

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

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

Complaints regarding merchandise control guards procedure or actions may be made directly at the Office of the Provost Marshal for immediate and necessary action…. supervised the publication of the Naval Base station‘s ―Plan of the Day‖ (POD). is one of the generally accepted principles of . THE IAC MODIFIED THE TC‘S DECISION: Rarang was awarded P175K moral damages and P60K exemplary damages. On Feb. Aurora I. Section 3.‖ THE CAUSE OF THIS MESS. Navy. 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. THE NAVAL BASE FILED A MOTION TO DISMISS. 3. One of its regular features was the ―action line inquiry. the POD published. and the US Naval Base. Rarang was the ―Auring‖ referred to here. and 3. and P30K attorney‘s fees. This is not to mention ‗Auring‘ who is in herself. and general matters of interest to military personnel. 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. THE ―POD‖. Rarang was employed as a merchandise control guard in the Office of the Provost Marshal. may I therefore. 2. Rarang appealed as she wasn‘t satisfied with the award. WILLIAMS. which featured important announcements. power. In lieu of this observation. lack of jurisdiction over the subject matter and the parties. as she was the only one with that name in the Office of the Provost Marshall. officer.Naval Base in Subic Bay. WYLIE. The US Naval Base is an instrumentality of the US government which cannot be sued without its consent. admin. and that they did not intentionally and maliciously cause the publication. S.‖ 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. of the 1987 Constitution. Merchandise Control Guards are permitted to eat their meals at their worksite due to heavy workload. Wylie and Williams acted in the performance of their official functions as officers of the US Navy and are immune from suit. GUINTO: The rule that a state may not be sued without its consent. 1978. therefore. and P50K attorney‘s fees. MOTION DENIED. QUOTING US v. BASED ON THESE GROUNDS: 1. 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. in his capacity as asst. Does the grant of rights. ISSUE: Whether or not Wylie and Williams are liable for the published article in the POD. Thus their acts weren‘t imputable against the US government but were done in their individual and personal capacities.S. under the ―NAVSTA Action Line Inquiry. Wylie. AN ACTION FOR DAMAGES was instituted by Rarang against Wylie. immune from suit for their official actions. injurious. RARANG‘S ALLEGATIONS: the article constituted false. now expressed in Article XVI. Naval Base personnel. Olongapo City. and malicious defamation and libel tending to impeach her honesty. 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. They were ordered to pay Rarang P100K moral and exemplary damages. and Wylie‘s letter of apology for the ―inadvertent‖ publication was also conclusive proof of this. necessary precautions. and that the libel was published and circulated in the English language and read by almost all the U. Williams. 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. She prayed for P300K moral damages. However. the suit against the US Naval Base was dismissed. virtue and reputation exposing her to public hatred. exemplary damages. The observation is even more aggravated by consuming such confiscated items as cigarettes and food stuffs PUBLICLY. THE PRINCIPLE OF STATE IMMUNITY FROM SUIT. BOTH PARTIES APPEALED. Wylie and Williams asserted that they are immune from suit since the publication was made in their official capacities as officers of the U. contempt and ridicule. a disgrace to her division and to the Office of the Provost Marshal.

Brownell) THE NATURE AND EXTENT OF IMMUNITY FROM SUIT. On the contrary.‘ (Da Haber v. Express consent may be embodied in a general law or a special law. The rule is that if the judgment against such officials will require the state itself to perform an affirmative act to satisfy the same. the suit must be regarded as against the state itself although it has not been formally impleaded (Garcia v. It is emphasized that in Baer. suability will result only where the government is claiming affirmative relief from the defendant. Chief of Staff). 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. (Lim v. Ruiz). The question of lack of jurisdiction was raised and interposed at the very beginning of the action. it is also applicable to complaints filed against officials of the state for acts allegedly performed by them in the discharge of their duties. the US not having waived its sovereign immunity from suit. though not in name. the rule says that the state may not be sued without its consent. A contrary disposition would. Tizon… to support their position that they are not suable. for the state is not an unfeeling tyrant unmoved by the valid claims of its citizens. (Rep. which clearly imports that it may be sued if it consents. Government. As for the filing of a complaint by the government. 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. permitted to march through a friendly country or to be stationed in it. 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. 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. which renders more obvious the lack of jurisdiction of the courts of his country. Griess. Consent is implied when the state enters into a contract it itself commences litigation…The above rules are subject to qualification. ‗unduly vex the peace of nations. Bradford. The consent of the state to be sued may be manifested expressly or impliedly. In fact. v. Queen of Portugal) While the doctrine appears to prohibit only suits against the state without its consent. a 1945 decision. 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 starting point is Raquiza v. More to the point is Syquia v. In dismissing a habeas corpus petition for the release of petitioners confined by American army authorities. GUINTO: In the case of the US. Purisima)… not all contracts entered into by the government will operate as a waiver of its non-suability. we would still be bound by the generally accepted principles of international law under the doctrine of incorporation … As applied to the local state. the assumption being that there was a manifestation of the submission to jurisdiction on the part of the foreign power whenever appropriate. is exempt from the civil and criminal jurisdiction of the place. ALSO UNDER US v. at least in democratic societies. All states are sovereign equals and cannot assert jurisdiction over one another. The U. Almeda Lopez … It was the ruling that respondent Judge acted correctly considering that the ‗action must be considered as one against the U. this Court relied on Raquiza v. in the language of a celebrated case. Polybank) There are other practical reasons for the enforcement of the doctrine. 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.S. Section 2…Even without such affirmation. In such a situation. Moreover. Tennessee. non habet imperium . Justice Hilado cited Coleman v. where it was explicitly declared: ‗It is well settled that a foreign army.‘ 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. Government has not given its consent to the filing of this suit which is essentially against her.‘ Two years later.S. Express consent is effected only by the will of the legislature through the medium of a duly enacted statute. such as the appropriation of the amount needed to pay the damages awarded against them. by permission of its government or sovereign. in Tubb and Tedrow v. the doctrine is not absolute and does not say the state may not be sued under any circumstance. In the case of the foreign state sought to be impleaded in the local jurisdiction. distinction must be made between its sovereign and proprietary acts (US v. the treaty provision should control on such matter.international law that we have adopted as part of the law of our land under Article II. 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 state may move to dismiss the complaint on the ground that it has been filed without its consent.‖ The above observations do not confer on the US a blanket immunity for all acts done by it or its . the added inhibition is expressed in the maxim par in parem. That is hardly fair.

the administrative assistant signed the smooth copy of the POD but failed to notice the reference to ―Auring‖ in the action line inquiry. BUT: TAKE NOTE THAT THEY WERE SUED IN THEIR PERSONAL CAPACITIES for their alleged tortious acts in publishing a libelous article.‖ This note was forwarded to the executive officer and to the commanding officer for approval.‘ No absolute immunity like that sought by Mr. she had been the recipient of commendations by her superiors for honesty in the performance of her duties. The NAVSTA Action Line Inquiry is a regular feature of the POD . There is no question that the US. 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. which has not given its consent to be sued. The result is that State immunity now extends only to acts jure imperii. and these aren‘t covered by the immunity agreement. SUMMARY OF THE EVENTS. they and they alone must satisfy the judgment. In fact. As the article implied that Rarang was consuming and appropriating confiscated items. CHAVEZ v. The administrative assistant. According to Wylie. commercial and proprietary acts (jure gestionis). is tasked to prepare and distribute the POD. 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. It does not apply where the contract relates to the exercise of its sovereign functions. its commercial activities or economic affairs. like any other state. to remove the name. the main opinion does not claim absolute immunity for the members of the Commission. In the case of PCGG v. 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. Stated differently. the rules of International Law are not petrified. the action line naming ―Auring‖ was received about 3 weeks prior to the article‘s publication. then it should follow that they may not be held liable for the questioned publication. It was forwarded to the Provost Marshal for comment. If found liable. Wylie and Williams actively participated in screening the features and articles in the POD as part of their official functions. she was investigated by her supervisor. A clerk typist in the office of the Administrative Assistant prepared the smooth copy of the POD and Wylie. they are constantly developing and evolving. Order No.. Before the article came out. However. Peña. the defendants are sought to be held answerable for personal torts in which the US itself is not involved. I as follows: …First. and the response ―… included a short note stating that if the article was published. Marcos in his Constitution for himself and his subordinates is herein involved. The charges against them may not be summarily dismissed on their mere assertion that their acts are imputable to the US. 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. However. this is a matter of evidence. The POD was published under the direction and authority of the commanding officer. among his other duties. we presume. The restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign. And our laws and. Under the rule that US officials in the performance of their official functions are immune from suit. PART OF OFFICIAL FUNCTIONS. those of the US don‘t allow the commission of crimes in the name of official duty. This rule is a necessary consequence of the principles of independence and equality of States.agents in the Philippines. it has been necessary to distinguish them-between sovereign and governmental acts (jure imperii) and private. 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. And because the activities of states have multiplied. will be deemed to have impliedly waived its non-suability if it has entered into a contract in its proprietary or private capacity. It is understood that the immunity granted the members of the Commission by virtue of the unimaginable . The approval of the commanding officer was forwarded to the office of the Administrative Assistant for inclusion in the POD. Chief Justice Teehankee added a clarification of the immunity accorded PCGG officials under Section 4(a) of Exec..‖ 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. which was to provide personnel access to the Commanding Officer on matters they feel should be brought to his attention for correction or investigation .

It also rests on reason of public policy – that public policy would be hindered and the public endangered. Popularly known as the Black Thursday or the Mendiola Massacre. Twelve people died and the heirs of these people are seeking for retribution. Immunity from suit cannot institutionalize irresponsibility and nonaccountability nor grant a privileged status not claimed by any other official of the Republic. The records show that the offensive publication was sent to the commanding officer for approval and he approved it. FOR THIS CASE NO. February 23. ISSUE: Whether or not the State has waived its immunity from suit. Wylie himself admitted that the Office of the Provost Marshal explicitly recommended the deletion of the name if the article was published. 20. since the article was baseless and false. ‖ Moreover. Where the petitioner exceeds his authority as Solicitor General. the petition is hereby DISMISSED. 2176 prescribes a civil liability for damages caused by a person‘s act or omission constituting fault or negligence.) Heirs of the deceased and the injured filed this case for damages. HELD: No. Wylie and Williams alone. REPUBLIC SANDOVAL OF THE PHILIPPINES VS FACTS: This case deals with the tragedy that transpired on January 22. WHEREFORE. This recommendation of the commission was the basis of the claim for damages by the petitioners. End result = some people were killed. The most significant recommendation that they made was that the deceased and wounded victims of the Mendiola incident be compensated by the government. but they were negligent because under their direction they issued the publication without deleting the name. In effect. 2219(7) provides that moral damages may be recovered in case of libel. 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 . whether intentional or voluntary or negligent. 1988 the Solicitor General filed a motion to dismiss on the ground that the State cannot be sued without its consent. The questioned decision and resolution of the IAC are AFFIRMED. there can be no question that a complaint for damages does not confer a license to persecute or recklessly injure another. in their personal capacities. 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‘. and 32 of the Civil Code on Human Relations may be taken against public officers or private citizens alike. (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. acts in bad faith. sec. 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. President Aquino issued AO no. slander or any other form of defamation. if the sovereign authority could be subjected to law suits at the instance of every . 3. Indeed the imputation of theft contained in the POD is a defamation against Rarang‘s character and reputation. ULTRA VIRES ACT CAN‘T BE PART OF OFFICIAL DUTY. Art. RULE. Immunity from suit is expressly provided in Article XVI . serious anxiety. uniformed individuals. Such act or omission is ultra vires and cannot be part of official duty. 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. 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. There were shooting and no one knows who started it. It was a tortious act which ridiculed Rarang.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. 21. are liable for the damages they caused. specially so. wounded feelings and social humiliation. and as a result she suffered besmirched reputation. 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. The actions governed by Articles 19. 1987. Art. ―Fault‖ or ―negligence‖ in this Article covers not only acts ―not punishable by law‖ but also acts criminal in character.

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

1967 of the Secretary of Public Works and Communications. a canvass or public bidding was conducted on May 5. and on May 16. Mandaue. charges for malversation were filed against the district engineer and the civil engineer involved. 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. with the retention of 20% equivalent to P8.00 to Singson. It was the failure of the Highways Auditor. the USI (Phil.824. 000. Plaintiff-appellant is ordered to remove immediately the 300 units of fire extinguisher from the firehouse of the APC. it was approved by the Secretary of Public Works and Communications. It is noted in the approval of the said requisition that "This is an exception to the telegram dated Feb.. 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. So.‖..M. The voucher was paid on June 9. 1967 a claim for payment of the sum with the Auditor General. Which states that a latter statute which is repugnant to an earlier statute is deemed abrogated the earlier one on the same subject matter. Hence this appeal by certiorari. and the Requisitioning Officer (civil engineer). 1967. 1967 in the amount of P34...00. He then made inquiries about the reasonableness of the price. ISSUE: Whether or not the court has jurisdiction over the case. Upon plaintiff‘s filing of its motion for reconsideration Dec. Since Com Act superseded and abrogated it under the principle of ―leges posteriors priores contrarias abrogant‖.. The contention of the plaintiff that Act 3083 has not been repealed. Subsequently. Manuel S. 1967.00 to submit the voucher with the supporting papers to the Supervising Auditor.. 1967 the Secretary sent a letterorder to the Singkier Motor Service. 9.. ..sum of P238. he approved it for payment in the sum of P34. 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. In the interim it would appear that when the voucher and the supporting papers reached the GAO. Thus.. a canvass was made of the spare parts among the suppliers in Manila.. which is the exclusive dealer of the spare parts of the caterpillar tractors in the Philippines. amended declared unconstitutional is not correct.1967.. . 07806 reached the hands of Highway Auditor Sayson for pre-audit.. It allegedly that it had presented on June 14.. SAYSON v. Secarro a representative of the Bureau of Supply Coordination. defendants further brought out the fact that on Oct. The Secretary then circularized a telegram holding the district engineer responsible for overpricing. On June 10.00 less than the price of the Singkier. The lower court sustained defendants dismissal motion and declared itself without jurisdiction to hear the case. since there was no obligating instrument as required by law.706. it had acquired the right under Act No. Said firm thus submitted its quotations at P2. 824. The court decision affirmed." .530. . . 1967. 6. 706. which he did.. In view of the overpricing the GAO took up the matter with the Secretary of Public Works in a third endorsement of July 18. SINGSON FACTS: "In January 1967.). with now respondent Singson as sole proprietor of Singkier Motor Service. It would appear that a purchase order signed by the District Engineer. 530. Antonio V. 1967. 500 representing the unpaid price of 300 units of fire extinguishers sold and delivered by it to defendant Agricultural Productivity Commission. Manila. Lepatan. ISSUE: . Cebu requesting it to immediately deliver the items listed therein for the lot price of P43. HELD: No. Com longer entitles the claimant to a direct suit in court.. Raquiza. particularly.. . being adjudged as entitled to collect the balance of P8.00. 21. 3083 to file the original action for collection in the lower court. 1967… The committee on award accepted the bid of the Singkier Motor Service for the sum of P43.. one of the petitioners before us that led to the filing of the mandamus suit below. the court has no jurisdiction over the case. 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. was addressed to the Singkier Motor Service.00.64 only which is P40.. 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. . the Requisitioning Officer and the Procurement Officer. Adventor Fernandez. It was approved by the Secretary of Public Works and Communications. In due course the Voucher No. 529.00." What is more. the contract in question having been upheld.

is conceded when the State itself commences litigation. 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. office or offices. other than those of accountable officers. thus opening itself to a counterclaim. ISSUE: Whether or not the doctrine of non-suability of the State applies in the case. 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. or to a party interested. take an appeal in writing: (a) To the President of the United States.. however. several guards filed a complaint for underpayment of wages. . holiday pay. guards were deployed by Sultan Security Agency in the various premises of the DA. the period aforesaid shall be counted from the time the last comment necessary to a proper decision is received by him. The rule is not really absolute for it does not say that the State may not be sued under any circumstances. or when it enters into a contract. there was no ruling of the Auditor General. is a suit against the State. the decision became final and executor. and overtime pay. under the provisions of Com. The claim is void for the cause or consideration is contrary to law. 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. RULING: No. 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.. The State‘s consent may be given expressly or impliedly. Express consent may be made through a general law or a special law. The State may at times be sued. within thirty days from receipt of the decision. on the other hand. arrangements. There is nothing to prevent the State. morals or public policy. The Labor Arbiter issued a writ of execution to enforce and execute the judgment against the property of the DA and the security agency. predicated on a contract is valid. or (c) To the Supreme Court of the Philippines if the appellant is a private person or entity. or (b) To the President of the Philippines. If said accounts or claims need reference to other persons. the government is deemed to have descended to the level of the other contracting party and to have divested itself of its sovereign immunity. the lower court could not legally act on the matter. as well as for damages against the DA and the security agency. uniform allowances. the court to which the matter should have been elevated is this Tribunal. Here. 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. the City Sheriff levied on execution the motor vehicles of the DA. non-payment of 13th month pay. pending the final and complete withdrawal of her sovereignty over the Philippines. "Thereafter. to require that certain administrative proceedings be had and be exhausted. Thereafter. 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. It is based on the very essence of sovereignty. "Once consent is secured. Pursuant to their . the Auditor General shall act and decide the same within sixty days. Also. The suit disguised as one for mandamus to compel the Auditors to approve the vouchers for payment. Thus. the respondent should have filed his claim with the General Auditing Office. exclusive of Sundays and holidays. the proper forum in the judicial hierarchy can be specified if thereafter an appeal would be taken by the party aggrieved. Implied consent. night shift differential pay. In other words. in such statutory grant. 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. mandamus is not the remedy to enforce the collection of such claim against the State but an ordinary action for specific performance. Thereafter. 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. an action may be filed. But not all contracts entered into by the government operate as a waiver of its nonsuability. Even had there been such.WON the mandamus suit of the respondent (Singson) involving a money claim against the government. after their presentation. The DA and the security agency did not appeal the decision. which cannot prosper or be entertained by the Court except with the consent of the State. In this situation.

In the case. is untenable for. since June 19. and under this law. however.. court of Industrial Relations is squarely in point. attached or levied upon. 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. already repealed Commonwealth Act No. 1965. 1459). 1970. as amended by PD 1145. it may sue and be sued and may be subjected to court processes just like any other corporation (Section 13. Planters' Bank.' Following the law. RULING: No." In a 1941 decision. 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. 244). Concepcion: "The allegation to the effect that the funds of the NASSCO are public funds of the government. the DA has not pretended to have assumed a capacity apart from its being a governmental entity when it entered into the questioned contract. Manila Hotel Employees Association v.. 9 Wheat. The said Bank is therefore ordered to comply within five days from receipt with the 'notice of Garnishment' dated May 6.105. the motion to quash filed by the Philippine National Bank is denied for lack of merit. ISSUE: Whether or not the funds mentioned may be garnished. 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. subject of this certiorari proceeding. By engaging in a particular business thru the instrumentality of a corporation. He was the counsel of the prevailing party. for withholding action in this case. But. since his area of authority is coterminous with that of the Court itself. It contends that the service of the notice by the authorized deputy sheriff of the court contravenes Section 11 of Commonwealth Act No. therefore. it is well settled that when the government enters into commercial business. later Chief Justice. to satisfy a decision of respondent Court which had become final and executory. It has pursuant to Section 2 of Executive Order No.ed. 1970. 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.. including Quezon City. Manansala had previously been issued. There is no longer any reason. . 1970 of respondent Court denying the motion to quash. As such ExOfficio Sheriff. National Shipyard and Steel Corporation v. nor that it could have." The order of August 26. the same may not be garnished. Republic Act No. (Bank of the United States v. through Justice Ozaeta. that has the authority to serve the notice of garnishment. to Commonwealth Act 327. pursuant to which the NASSCO has been established 'all the powers of a corporation under the Corporation Law. Act No. the United Homesite Employees and Laborer‘s Association. and that the actual service by the latter officer of said notice is therefore not in order. the claims of the complainant security guards clearly constitute money claims. in fact. 8 this Court.' Accordingly. in the same manner as writs and processes of Courts of First Instance. 3083 gives the consent of the State to be sued upon any moneyed claim involving liability arising from contract. 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." There was a motion for reconsideration filed by petitioner. The NASSCO has a personality of its own. be that as it may. [Wherefore]. 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. Manila Hotel Company. and not the Clerk of this Court who is its Ex-Officio Sheriff. it was denied. 1970. The validity of the order assailed is challenged on two grounds: (1) that the appointment of respondent Gilbert P. but in a resolution dated September22.sued only when it enters into business contracts. express or implied.904. the money claim must first be brought to the Commission on Audit. this certiorari petition.. has already been dismissed and that the same became final and executory on August 9. . 4201 has. 103. the Bank argues that it is the Sheriff of Quezon City.. It does not apply where the contract relates to the exercise of its sovereign functions. Act No. performed any act proprietary in character. as a government owned and controlled corporation.. and that. Manansala. Pursuant. CIR The Court finds no merit in this argument. it abandons its sovereign capacity and is to be treated like any other corporation. 1950 . As was explicitly stated in the opinion of the then Justice. At this stage. 6 L.. dated October 23. as amended. the FACTS: Petitioner s motion to quash a notice of garnishment was denied for lack of merit. Gabriel V. A writ of execution in favor of private respondent Gabriel V. or by any person authorized by this Court. PNB v. distinct and separate from that of the Government. 356. it is now the Clerk of this Court that is at the same time the Ex-Officio Sheriff. held: "On the other hand. Hence. which is national in nature.

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

83 Jur. or was intended to do. it would not have left so important a matter to mere inference. Commonwealth. the award awarded for permanent injuries. and that after having received the injuries. 2457 effective February 3. according to Dr. and (b) the P2. instead of turning toward the south.when he was ten feet from the south-western intersection of said streets. in which case the provisions of the preceding article shall be applicable. A. but not when the damage should have been caused by the official to whom properly it pertained to do the act performed. (Murdock Grate Co. As a contractor. 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. and that the suit now stands just as it would stand between private parties. The Court. and the trial court so found. on the contrary... for he had lost the agility. who examined him on the very same day that he was taken to the General Hospital. 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. after passing the center thereof. 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 General Hospital ambulance. however. 28. 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. 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. It follows there from that the state. into the right side of Taft Avenue. by which movement it struck the plaintiff.E. a wound in the same place and in the back part of his head. ISSUE: Whether or not the scope of the Act authorizes the Court to hold that the Government is legally liable for the said amount. by virtue of such provisions of law. therefore. 1915 was authorized to bring suit against the Government of the Philippine Islandsand authorizing the Attorney-General to appear in said suit. 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. It is difficult to see how the act does. he could no longer. 152 Mass. upon reaching said avenue.000 per month. because it was clearly established that the plaintiff was wholly incapacitated for a period of six months. so that it would be on the left side of said avenue.075. The plaintiff's mental and physical condition prior to the accident was excellent. or that the amount of damages is the only question to be settled. as is prescribed by the ordinance and the Motor Vehicle Act. 24. Saleeby. By reason of the resulting collision. Nothing was found in the record which would justify increasing the amount of the first. turned suddenly and unexpectedly and long before reaching the center of the street.) According to paragraph 5 of article 1903 of the Civil Code and the principle laid down in a decision. but would have done so in express terms. 854.. who was already six feet from the south-western point or from the post place there. R. Civ. The act opened the door of the court to the plaintiff. his physical condition had undergone a noticeable depreciation. find that the amount of damages sustained by the plaintiff. the record shows. The patient apparently was slightly deaf. without having sounded any whistle or horn. isP18. vs. 1898. As to the second. more than remove the state's immunity from suit. Between these latter and the state. RULING: No. energy. 8 L. but left the suit just where it would be in the absence of the state's immunity from suit.741 are (a) P5. among others.666. 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. the amount allowed for the loss of wages during the time the plaintiff was incapacitated from pursuing his occupation.The petitioner vis-à-vis Act No. would not prevent recovery for the whole time. 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. as he had before done. limited the time to two months and twenty-one days. while blood issued from his nose and he was entirely unconscious. of the 18th of . 24 N. without any fault on his part. January 7. had a light weakness in his eyes and in his mental condition. climb up ladders and scaffoldings to reach the highest parts of the building. (Supreme Court of Spain. 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. It did not pass upon the question of liability. In this the Court thinks there was error. The court.000.)Paragraph 5 of article 1903 of the Civil Code reads: The state is liable in this sense when it acts through a special agent. which the plaintiff was actually confined in the hospital. therefore.. It simply gives authority to commence suit for the purpose of settling plaintiff's controversies with the estate. he was suffering from a depression in the left parietal region. that the plaintiff's services as a contractor were worth P1. the plaintiff was so severely injured that. 399. The two items which constitute a part of the P14.

1954. as well as other purportedly old Spanish titles. 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.364. .May. that the property in question. 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. On January 22. after which the NARRA and its successor agency. Branch VI. he took actual possession of the same. 1954. FELICIANO FACTS: Petitioner seeks the review of the decision of the Intermediate Appellate Court dated April 30. REPUBLIC V. 1952 was a "reconstituted ―possessory information. except upon a showing that the State has consented to be sued.364. the Proclamation is not a legislative act. introduced various improvements there in and caused it to be surveyed in July 1952. 1980. Feliciano prayed that he be declared the rightful and true owner of the property in question consisting of 1. duly empowered by a definite order or commission to perform some act or charged with some definite purpose which gives rise to the claim. later reduced to 701-9064 hectares. But must be construed in strictissimi juris (of strictest right). Waiver of State immunity can only be made by an act of the legislative body. Camarines Sur. Municipality of Tinambac. as proof of alleged ownership of lands. has by erroneous interpretation infringed the provisions of articles 1902 and1903 of the Civil Code. Feliciano filed a complaint with the then Court of First Instance of Camarines Sur against the RP. under settled jurisprudence is not permitted. The lands were. the trial court in not so deciding and in sentencing the said entity to the payment of damages. for the recovery of ownership and possession of a parcel of land." whereas the land claimed by respondent Feliciano comprises 1. the responsibility of the state is limited to that which it contracts through a special agent. President Ramon Magsaysay issued Proclamation No. Camarines Sur. 1970.4177 hectares. 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. RULING: No. The consent of the State to be sued must emanate from statutory authority. 90 reserving for settlement purposes.in a damage case. that the informacion posesoria registered in the Office of the Register of Deed of Camarines Sur on September 23. the Land Authority. was the private property of Feliciano and should therefore be excluded there from. Courts should be wary in accepting "possessory information documents. 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. under the administration of the National Resettlement and Rehabilitation Administration (NARRA). These circumstances raise grave doubts as to the authenticity and validity of the "informacion posesoria" relied upon by respondent Feliciano. Addt l: Worthy of note is the fact. caused by an official of the second class referred to. BENITO LIM VS HERBERT BROWNELL FACTS: The property in dispute consists of four parcels of land situated in Tondo.4177 hectares. being a derogation of sovereignty. Consequently. 90. as pointed out by the Solicitor General.On November 1. 1954. dated August 21. 1904. while located within the reservation established under Proclamation No. Reconstitution can be validly made only in case of loss of the original. It may be invoked by the courts sua sponte at any stage of the proceedings. ISSUE: Whether or not the State can be sued for recovery and possession of a parcel of land. Waiver of immunity. A suit against the State. Moreover. either expressly or by implication through the use of statutory language too plain to be misinterpreted. which survey was approved by the Director of Lands on October 24. situated in the Barrio of Salvacion. consisting of four (4) lots with an aggregate area of 1. it was "reconstituted from the duplicate presented to this office (Register of Deeds) by Dr. Feliciano alleged that he bought the property in question from Victor Gardiola by virtue of a Contract of Sale dated May 31. Manila. started sub-dividing and distributing the land to the settlers. ―without the submission of proof that the alleged duplicate was authentic or that the original thereof was lost. a tract of land situated in the Municipalities of Tinambac and Siruma.364. 1985 reversing the order of the Court of First Instance of Camarines Sur. Adding to the dubiousness of said document is the fact that "possessory information calls for an area of only100 hectares.followed by a Deed of Absolute Sale on October 30. will not be inferred lightly. Pablo Feliciano.4177hectares. represented by the Land Authority. 1952.

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

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

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

the petition is GRANTED and Civil Case No. will be deemed to have impliedly waived its non-suability if it has entered into a contract in its proprietary or private capacity. However. In G. the petition is GRANTED and Civil Case No. the defendants are sought to be held answerable for personal torts in which the United States itself is not involved. after considering all the above premises. There was an allegation of repeated demands for the payment of its price or return of its possession. 4772. they are not utilized for. the petition is DISMISSED and the respondent judge is directed to proceed with the hearing and decision of Civil Case No. 647-B at P50. 4996. 1987. is LIFTED. 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. without paying just compensation and without any agreement. 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. is made permanent. 1986. they are continually and evolving and because the activities of states have multiplied. It is only when the contract involves its sovereign or governmental capacity that no such waiver may be implied. No. 80258. 79470. No. this is a matter of evidence. No. 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.00. This rule is necessary consequence of the principle of independence and equality of states. Zambales. In fact. 4. 2. the complaint was US VS. In this case. The charges against them may not be summarily dismissed on their mere assertion that their acts are imputable to the United States of America. 1966. either written or verbal. a national road. 90. ISSUE: .R. In G. a function of the government of highest order. The temporary restraining order dated December 11. is LIFTED Whether the US naval base in bidding for said contracts exercise governmental functions to be able to invoke state immunity. dated April 13. Its commercial activities of economic affairs. Only when it enters into business contracts. 76607. but defendants Public Highway Commissioner and the Auditor General refused to restore its possession. It does not apply where the contracts relates the exercise of its sovereign function. the rules of international law are not petrified. The base was one of those provided in the military bases agreement between Phililppines and the US. COURT OF FIRST INSTANCE FACTS: Petitioners as plaintiffs in a complaint filed with the Court of First Instance of Cebu. sought the payment of just compensation for a registered lot. the petition is DISMISSED and the respondent court is directed to proceed with the hearing and decision of Civil Case No. the project are integral part of the naval base which is devoted to the defense of both US and Philippines. For this reason. a suit for specific performance was filed by him against the US. commercial and proprietary acts. 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.00 per square meter or a total price of P52. RUIZ FACTS: The USA had a naval base in Subic. Cebu City. 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.R. the Court hereby renders judgment as follows: 1. It has been necessary to distinguish them between sovereign and governmental acts and private. the appraisal committee of the City of Cebu approved Resolution No. indisputably. In G. containing an area of 1045 square meters. The temporary restraining order dated October 14. nor dedicated to commercial or business purposes. 80018. which has not given its consent to be sued. In G. The temporary restraining order dated October 27. 3. The restrictive application of state immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign. It was further alleged that on August 25. No. appraising the reasonable and just price of Lot No. 115-C-87 is DISMISSED. The result is that state immunity now extends only to sovereign and governmental acts. If found liable. However. 1965. WHEREFORE.R. 1987. like any other state. 829-R(298) is DISMISSED.There is no question that the United States of America. MINISTERIO VS. Thereafter.R. they and they alone must satisfy the judgment.250.

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

Respondents also constructed an artificial creek occupying 2906 square meters of their property. 1993 were executed by the Marcos children and then PCGG Chairman Magtanggol Gunigundo for a global settlement of the assets of the Marcos family. The two cases were consolidated and Solicitor General filed a motion to dismiss both cases. 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. through the Presidential Commission on Good Government (PCGG). HELD: YES. (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. collate. 1990. a suit may properly be maintained against the government. by virtue of the freeze order issued by the PCGG." The Republic filed the petition for certiorari. the legitimate income of the public officer. The funds were previously held by 5 account groups. is grossly disproportionate to. SANDIGANBAYAN FACTS: Republic (petitioner). now Bangko Sentral ng Pilipinas. 46801 against deprivation of property without due process of law and without compensation. The Republic was able to establish a prima facie case for the forfeiture of the Swiss funds pursuant to RA 1379. a private contractor and Provincial Engineer constructed a road within their property without their consent. 46800. The treasury notes are frozen at the Central Bank of the Philippines. 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. e.‖ Hearings were conducted by the Sandiganbayan on the motion to approve the General/Supplemental Agreements. whether it be in his name or otherwise. 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. Before the case was set for pre-trial.Binangonan." 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.061 square meters).. They filed civil case no. as ill-gotten wealth. 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. In a resolution dated 31 January 2002. and (2) the extent to which the amount of that money or property exceeds. 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. dollars (US$356 million) belongs in principle to the Republic of the Philippines provided certain conditionalities are met x x x. In addition. hence subject to forfeiture. Rizal (19. against Lorenzo Cadiente. a General Agreement and the RA 1379 raises the prima facie presumption that a property is unlawfully acquired. must also have been without basis. The General Agreement/Supplemental Agreements sought to identify. perforce. filed a petition for forfeiture before the Sandiganbayan pursuant to RA 1379 declaration of the aggregate amount of US$ 356M deposited in escrow in the PNB. i. cause the inventory of and distribute all assets presumed to be owned by the Marcos family under the conditions contained therein. They also filed Civil Case no. ISSUE: Whether or not the State may be sued being that it has not given its consent. The basis for the forfeiture in favor of the government cannot be deemed to have been established and our judgment thereon. the Sandiganbayan denied the Republic's motion for summary judgment.Petitioners were co-owners of a parcel of land located in Barrio Wawa. using various foreign foundations in certain Swiss banks. if its amount or value is manifestly disproportionate to the official salary and other lawful income of the public officer who owns it. 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. represented by the Office of the Solicitor General (OSG). The doctrine of governmental immunity from suit cannot serve as an instrument for perpetratingan injustice on a citizen. Supplemental Agreement dated December 28.S. that the Three Hundred Fifty-six Million U. .

2002.Ferdinand and Imelda Marcos were public officers. where the Philippine government "consents and submits to be sued upon any money claims involving liability arising from contract. plus interest. REPUBLIC VS. HELD: The rule. NLRC FACTS: Respondent Honorable Guillermo Villasor issued an Order declaring the decision final and executory. it claims. VILLASOR. several guards filed a complaint for underpayment of wages. since the government funds and properties may not be seized under writs of execution or garnishment to satisfy such judgments. liability adjudged. is not really absolute for it does not say that the state may not be sued under any circumstances.373. In this jurisdiction. "the state may not be sued without its consent. the NLRC has disregarded the cardinal rule on the nonsuability of the State.372. as evidenced by their admittance regarding the ownership of the Swiss accounts. guards were deployed by Sultan Security Agency in the various premises of the DA. as appropriated by law. Ferdinand and Imelda Marcos had acquired and owned properties during their term of office. Villasor directed the Sheriffs of Rizal Province. The petitioner charges the NLRC with grave abuse of discretion for refusing to quash the writ of execution. night shift differential pay. is based on obvious considerations of public policy. 3083. hence the notices and garnishment are null and void. Pursuant to their arrangements. 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.43. The Petition was granted. the petitioner asserts. especially on Philippine Veterans Bank and PNB. falls under the exclusive jurisdiction of the Commission on Audit. More importantly. 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. and overtime pay. not because of any formal conception or obsolete theory. Petitioner. express or . The Swiss accounts of the Marcoses had balances amounting to US$356 million. The universal rule that where the State gives its consent to be sued by private parties either by general or special law. The Provincial Sheriff of Rizal served Notices of Garnishment with several Banks. are hereby forfeited in favor of petitioner. 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. 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. Quezon City as well as Manila to execute said decision. 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. the doctrine only conveys. 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. 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. nonpayment of 13th month pay. which. On the contrary. The petitioner faults the NLRC for assuming jurisdiction over a money claim against the Department. holiday pay. A corollary. in any case.175. ET AL DEPARTMENT OF AGRICULTURE VS. a figure beyond the aggregate legitimate income of $304. on certiorari. Thereafter. ISSUE: Whether or not the petitioner can be sue. 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. uniform allowances." its clear import then is that the State may at times be sued. pay and allowances of military and civilian personnel and for maintenance and operations of the AFP. A sovereign is exempt from suit. the general law waiving the immunity of the state from suit is found in Act No. as well as for damages against the DA and the security agency. as correctly phrased.60 as of January 31.

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

PNB VS. who is an alleged agent or employee of the Government. Col. even if it be true that the collision was due to the negligence of the chauffeur.000 as claimed by plaintiff in his complaint. but not when the damage should have been caused by the official to whom properly it pertained to do the act performed. (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. the writ of execution be imposed immediately. operated and maintained the dormitories at Clark Air Base for members of the USAF. agents.741.724. and (c) in rendering judgment against the defendant for the sum of P14. instead of P6. ISSUE: 1) WON the Government conceded its liability to the plaintiff by allowing a law suit to commence against it. such awards will have to be satisfied not by Lt. 2) WON the chauffeur is a government employee or agent.000 as claimed in the complaint. thus.instead of P25. 2) NO.Government which. 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.666. Consequently. MERRITT VS. or extend its liability to any cause not previously recognized. it abandons its sovereign capacity and is to be treated like any other corporation. the amount held by said bank is subject to garnishment. the Government issued an act allowing the plaintiff to commence a lawsuit against it. Frankhauser and petitioner in their personal capacities." In addition. HELD: The certiorari was dismissed without cost by the Supreme Court saying that the funds held by PNB is subject for garnishment. in which case the provisions of the preceding article shall be applicable .66 belonging to Philippine Virginia Tobacco Administration. 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. 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. It is to be admitted that under the present Constitution. Paragraph 5 of article 1903 of the Civil Code reads: The state is liable in this sense when it acts through a special agent. and employees. duly empowered by a definite order or commission to perform some act or charged with some definite purpose which gives rise to the claim.000. but by the United States government. By consenting to be sued a state simply waives its immunity from suit. The chauffeur of the ambulance of the General Hospital was not such an agent. It merely gives a remedy to enforce a pre-existing liability and submits itself to the jurisdiction of the court. or create any cause of action in his favor. The responsibility of the state is limited to that which it contracts through a special agent. by right of sovereign power. assuming that jurisdiction was acquired over the United States Government and the monetary claims of private respondents proved. 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. We will now examine the substantive law touching the defendant's liability for the negligent acts of its officers. PABALAN FACTS: Philippine National Bank invoked the doctrine of non-suability in behalf of PVTA. HELD: 1) NO. It does not thereby concede its liability to plaintiff.' damage accordingly in the sum of P2. Indeed." 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. subject to its right to interpose any lawful defense." and (2) "in limiting the time when plaintiff was entirely disabled to two months and twenty-one days and fixing the .

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