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

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

and prohibiting political dynasties. namely Raul L. 174153.3 million individuals. The Lambino Group prayed that after due publication of their petition. the people cannot exercise it if Congress does not provide for its implementation. Aumentado (―Lambino Group‖). therefore it is outside the power of people‘s initiative. Lambino Group also claimed that COMELEC election registrars had verified the signatures of the 6. and in force and effect when the Batasang Pambansa resolutions and the present petitions were promulgated and filed. HELD: Sec. The Lambino Group miserably failed to comply with the basic requirements of the Constitution for conducting a people‘s initiative. dismissing petitions for prohibition and mandamus to declare invalid its ratification. the issue of whether or not the petition is a revision or amendment has become academic. with each legislative district represented by at least three per centum (3%) of its registered voters. without implementing legislation the same cannot operate. Article XVII of the Constitution on amendments to the Constitution through a people‘s initiative.R. 2.term limits constitutes a revision.327. The Lambino Group alleged that their petition had the support of 6. both members of the Philippine Bar and former delegates to the 1971 Constitutional Convention that framed the present Constitution. However. 6735 or the Initiative and Referendum Act (―RA 6735‖). The . In the dispositive portion of Javellana vs. are suing as taxpayers. OCCENA VS. The Executive Secretary. the constitutional guarantee of equal access to opportunities for public service.‖[6] These proposed changes will shift the present BicameralPresidential system to a Unicameral-Parliamentary form of government. XVII of the 1987 Constitution is a self-executing provision. 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. 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. Lambino and Erico B. ISSUE: Whether the 1973 Constitution was valid. petitioners in G. Gonzales. The rather unorthodox aspect of these petitions is the assertion that the 1973 Constitution is not the fundamental law. thus. The lifting of the term limits was held to be that of a revision. LAMBINO VS. 2300 which prescribes rules and regulations on the conduct of initiative on amendments to the Constitution is void. Art. Although the Constitution has recognized or granted the right. HELD: It is much too late in the day to deny the force and applicability of the 1973 Constitution. Art XVII of the Constitution is not selfexecutor. A revision cannot be done by initiative. Samuel Occena and Ramon A. as it would affect other provisions of the Constitution such as the synchronization of elections. respectively. the COMELEC should submit the following proposition in a plebiscite for the voters‘ ratification: ISSUE: Whether or not the Lambino Group‘s initiative petition complies with Section 2. The delegation of the power to the COMELEC being invalid. On 25 August 2006. No. ISSUE: Whether or not Sec. with other groups[1]and individuals. the latter cannot validly promulgate rules and regulations to implement the exercise of the right to people‘s initiative. this Court stated that it did so by a vote of six to four. The portion of COMELEC Resolution No. 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. 2. COMELEC FACTS: On 15 February 2006. the Javellana ruling to the contrary notwithstanding.952 individuals constituting at least twelve per centum (12%) of all registered voters. It has been an established rule that what has been delegated cannot be delegated (potestas delegata non delegari potest). HELD: There is no merit to the petition. considering the Court‘s decision in the above Issue. commenced gathering signatures for an initiative petition to change the 1987 Constitution. The Supreme Court granted the Motions for Intervention.

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

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

Whether or not the issuance of the postage stamps was in violation of the Constitution.109.GSIS FACTS: Pursuant to the privatization program of the government. 4052 grants the Director of Posts. Manila Prince Hotel Corporation‘s bid was at P41. At the time of her demise. Among the properties in the Philippines are several parcels of land and many shares of stock. 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. accounts receivable and other intangible personal properties. on the transfer of her real properties in the Philippines. 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. 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. 113373. The real estate situated in the Philippines had a market value of P1.48 as inheritance tax. HELD: MANILA PRINCE HOTEL VS. without pronouncement as to costs. she was married to a Spanish Citizen and a permanent resident of Tangier from 1931 up to her death. R.582. claiming that the KILOSBAYAN INC VS MORATO . Act No. with the approval of the Secretary of Public Works and Communications. Manila Prince Hotel Corporation matches Renong Berhad‘s bid but GSIS refused to accept. On the real estate. ISSUE: Whether or not petitioners possess the legal standing to file the instant petition. de Cerdeira died in Tangier (North Africa). Article IX-D of the 1987 Constitution in relation to the COA Circular No.58/per share while Renong Berhad‘s bid was at P44. taxpayers or voters who actually sue in the public interest. Respondents questioned the petitioners' standing to bring this suit. Manila Prince Hotel Corporation and Malaysian Firm Renong Berhad. that it violated the law on public bidding of contracts as well as Section 2(2). The court resolved that petition for a writ of prohibition is hereby denied. the case of the petitioner would fail to take in weight. 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. as administrator of her estate. HELD: There has been no constitutional infraction in the case at bar.90.00 as estate tax and the sum of P151. 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. This is in light of the Filipino First Policy. on 2 January 1955. 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. GSIS decided to sell 30-51% of the Manila Hotel Corporation. 85-55-A.483. Two bidders participated.50 and her personal properties also in the Philippines had a value of P396. but refused to pay the corresponding deficiency estate and inheritance taxes due on the transfer of her intangible personal properties. The Supreme Court ruled in the negative. In turn Manila Prince Hotel Corporation filed a TRO to avoid the perfection/consummation of the sale to Renong Berhad. Renong Berhad was the highest bidder hence it was logically considered as the winning bidder but is yet to be declared so. 232 SCRA 110. 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. Antonio Campos Rueda. Pending declaration. She left properties in Tangier as well as in the Philippines.00/share. paid the sum of P111. No. Petitioners do not in fact show what particularized interest they have for bringing this suit. discretion to misuse postage stamps with new designs. And they do not have present substantial interest in the ELA as would entitle them to bring this suit. but by concerned citizens. HELD: Manila Prince Hotel Corporation should be awarded the sale pursuant to Art 12 of the 1987 Const. Between the exercise of a poor judgment and the unconstitutionality of the step taken.308.791. CIR VS CAMPOS RUEDA FACTS: Doña Maria de la Estrella Soriano Vda.

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

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

the public and private prosecutors walked out. 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. Within its limits. Its laws govern therein. in effect. its commands paramount. he went on air and accused the petitioner of receiving millions of pesos from jueteng lords. 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. he assured will not shirk from any future challenge that may come ahead in the same service of the country. 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. Thereafter. its authority may be exercised over its entire domain. likewise. REAGAN v CIR FACTS: A question novel in character. there must be an intent to resign and the intent must be coupled by acts of relinquishment which may be oral or written. there is a diminution of its sovereignty. he emphasized he was leaving the Palace without the mention of any inability and intent of reassumption. ISSUES: 1. In a session on November 13. On January 20.1. its decrees are supreme. the public prosecutors filed their Manifestation of Withdrawal of Appearance. Whether the impeachment proceedings bar the petitioner from resigning RULING: 1. seriously and earnestly pressed. 2. That is the extent of its jurisdiction. Necessarily. that in legal contemplation the sale was made outside Philippine territory and therefore beyond our jurisdictional power to tax. The community of nations has recognized the legitimacy of the new government JOSEPH ESTRADA VS. But even assuming arguendo that it is an administrative proceeding. There is no portion there of that is beyond its power. The people have accepted the Aquino government which is in effective control of the entire country. Calls for resignation filled the air and former allies and members of the President‘s administration started resigning one by one. the answer to which has far-reaching implications. This is of high grade evidence of his intent to resign. For a resignation to be legally valid. ISSUE: Whether or not the sale was made outside the Philippine territory and therefore beyond our jurisdictional function to tax. 2. There may thus be a 2. bars him from resigning is not affirmed by the Court. Whether President. Petitioner‘s contention impeachment proceeding is an that the administrative . HELD: The Court held that nothing is better settled than that the Philippines being independent and sovereign. If it were not thus. express or implied. and the petitioner resigned as investigation that. he acknowledged the oath-taking of Arroyo as President. Reagan. he expressed his gratitude to the people. It is to be admitted that any state may. submit to a restriction of its sovereign rights. the transaction having taken place at the Clark Field Air Base at Pampanga. it has to be exclusive. is raised by petitioner William C. at one time a civilian employee of an American corporation providing technical assistance to the United States Air Force in the Philippines. express or implied. It is his contention. Article VII of the Constitution. Arroyo took oath as President of the Philippines. In the press release containing his final statement. There was. It is not merely a de facto government but in fact and law a de jure government. by its consent. which is most evident in the EDSA Dos rally. The impeachment trial formally opened which is the start of the dramatic fall from power of the President. both territorial and personal. under section 12 of RA 3019. and 3. and the proceedings were postponed indefinitely. The exact nature of an impeachment proceeding is debatable. 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. and everyone to whom it applies must submit to its terms. ANIANO DISIERTO FACTS: After the sharp descent from power of Chavit Singson. no impeachment case pending against the petitioner when he resigned. for as long as the resignation is clear.

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

Ceniza. To implement this Act. operation or defense of the US Bases here as provided by the MBA. XII par. maintenance. Government (Art. Because of its income.S. Alinsug filed the petition for prohibition and mandamus with a prayer for a writ of preliminary injunction. and RA 5519 (Charter of Mandaue City). and political unit. the burden of proof of such exemption to taxation shall be upon the respondents. COMELEC FACTS: On 22 December 1979. Nelso J. Furthermore. They vigorously assail Section 3 of BP 51. 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. 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. On the other hand. as well as Section 96. The City of Mandaue is classified as a component city. ISSUE: Whether the exclusion of inhabitants of highly urbanized cities and component cities from electing provincial government officials violate the equal protection of law. of the bases. except to be a candidate therefor. 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.. 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. Cabilao Jr. operation or defense. 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. 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. 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 or not Respondents are exempt from taxation.admitted as special temporary visitors under the Philippine Immigration Act of 1940. 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. Federico C. They prayed that a restraining order to temporarily prohibit the election for Provincial Governor and elective provincial officials in Cebu. 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. The classification of cities into highly urbanized cities and component cities on the basis of their regular annual income is based upon substantial distinction. Ramon B. maintenance. and after hearing render Section 3 of BP 885 void. excluding 18 cities (including Cebu and Mandaue) from participating in the election of provincial officials. Alejandro R. Rosal and . Article XVIII of RA 5519 (Charter of Mandaue). and the income derived is from the U. the Interim Batasang Pambansa enacted Batas Pambansa 51 providing for local elections on 30 January 1980. The CIR claims that the respondents have properties here in the Philippines and that James Robertson is even a retiree and is currently living in Olongapo City with his family. HELD: The law and the facts of the case are so clear that there is no room left for doubt the validity of private respondents' defense. residing in the Philippines by reason of such employment. economic. 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. HELD: The equal protection of the law contemplates equality in the enjoyment of similar rights and privileges granted by law. as taxpayers and registered voters in the Cities of Cebu and Mandaue. which went into effect without the benefit of ratification by the residents of Mandaue in a plebiscite or referendum. These cities being independent of the province in the administration of their affairs leaves the provincial government without governmental supervision over highly urbanized cities. COMELEC adopted Resolution 1421. Said circumstances are all present in the case at bar. 2 of PI-US Military Bases Agreement of 1947). The revenue of a city would show whether or not it is capable of existence and development as a relatively independent social. 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. Such being the case.

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

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

and establishing it as the Olongapo Watershed Forest Reserve. in fact. Herein petitioner-appellant Wenceslao Vinzons Tan submitted his application after paying the necessary fees and posting the required bond therefore. nor that it could have. refused and continue to refuse to allow petitioner-appellant to continue operation in the area covered by his timber license. as amended by PD 1145.4177hectares. on the other hand. Municipality of Tinambac. dated August 21. Thereafter he was given an Ordinary Timber License. 1985 reversing the order of the Court of First Instance of Camarines Sur. advertising for public bidding a certain tract of public forest land situated in Olongapo. Feliciano alleged that he bought the property in question from Victor Gardiola by virtue of a Contract of Sale dated May 31. Feliciano filed a complaint with the then Court of First Instance of Camarines Sur against the RP. 3083 gives the consent of the State to be sued upon any moneyed claim involving liability arising from contract. But. Considering that the President has the power to review on appeal the orders or acts of the respondents. it was not signed by the Secretary of Agriculture and Natural Resources as required. Zambales. to Commonwealth Act 327. ISSUE: Whether or not petitioner has exhausted all administrative remedies before filing his petition to the Supreme Court. that Gardiola had acquired the property by purchase FACTS: The Bureau of Forestry issued Notice No. rules and regulations. 1952. The Secretary of Agriculture and Natural Resources revokes Tan‘s timber license. One of the bidders. HELD: NO. 1980. Petitioner did not appeal the order of the respondent Secretary of Agriculture and Natural Resources to the President of the Philippines.on which the right depends. TAN vs. Camarines Sur. 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. But not all contracts entered into by the government operate as a waiver of its nonsuability. Hence.364. The State‘s consent may be given expressly or impliedly. In this situation. the failure of the petitioner-appellant to take that appeal is failure on his part to exhaust all available administrative remedies. who issued Executive Proclamation No. Implied consent. However. His motion for reconsideration was denied. this petition. 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. Pursuant. 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.followed by a Deed of Absolute Sale on October 30. In the case. represented by the Land Authority. thus opening itself to a counterclaim. 1954. alleged that he has exhausted all his administrative remedies to no avail as respondentsappellees have failed. 238 withdrawing the area from private exploitation. REPUBLIC V. for the recovery of ownership and possession of a parcel of land. consisting of four (4) lots with an aggregate area of 1. Ravago Commercial Company wrote a letter to the Secretary of Agriculture and . Nine other applicants submitted their offers before the deadline. the DA has not pretended to have assumed a capacity apart from its being a governmental entity when it entered into the questioned contract. express or implied. in his petition. the government is deemed to have descended to the level of the other contracting party and to have divested itself of its sovereign immunity. FELICIANO FACTS: Petitioner seeks the review of the decision of the Intermediate Appellate Court dated April 30. Act No. however. is conceded when the State itself commences litigation. 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. situated in the Barrio of Salvacion. 2087. On January 22. Branch VI. Express consent may be made through a general law or a special law. be that as it may. The rule is not really absolute for it does not say that the State may not be sued under any circumstances. performed any act proprietary in character. The Supreme Court affirmed the decision of the CFI. Petitioner-appellant. or when it enters into a contract. the claims of the complainant security guards clearly constitute money claims. The proposed area was awarded to petitioner. the money claim must first be brought to the Commission on Audit. anomalous and contrary to existing forestry laws. 1970. The State may at times be sued. It does not apply where the contract relates to the exercise of its sovereign functions. neglected.

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

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

She claims that criminal acts of a public officer/employee are his private acts & he alone is liable for such acts. UNITED STATES OF AMERICA VS. she would still not be covered by the immunity since she was acting outside the scope of her authority. 22. 1987 – Summons & complaint were served on Bradford but instead of filing an answer. power & authority w/in the bases. Kennedy then performed the search on her person. use & operation & defense thereof. 1987 – Montoya opposed Bradford‘s motion to dismiss. Bradford can‘t rely on sovereign immunity. She claims that she has been exposed to contempt & ridicule causing her undue embarrassment & indignity. equipment & material. •Montoya claims that Bradford was acting as a civilian employee thus not performing governmental functions. •July 14. •May 13. After shopping & while she was already at the parking lot. She‘s married to Edgardo Montoya. 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. P100k for exemplary damages & P50k for actual expenses. an American Citizen. 1987 – Montoya bought some items from the retail store Bradford managed.1. They claim that US has rights. SC granted TRO enjoining RTC from enforcing decision. Montoya approached Bradford to protest the search but she was told that it was to be made on all JUSMAG employees on that day. Even if she were performing governmental acts. They further claim that checking of purchases at NEX is a routine procedure observed at base retail outlets to protect & safeguard merchandise. 2 & 4(b) of NAVRESALEACT SUBIC INST. Nothing irregular was found thus she was allowed to leave afterwards. •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. cash & equipment pursuant to par. Motion granted by RTC.Petition for review is denied and the judgment appealed from is affirmed in toto. It will also use facilities & areas w/in bases & will have effective command over the facilities. (3) Bradford‘s act was committed outside the military base thus under the jurisdiction of Philippine courts. She further claims that the act was not motivated by any other reason aside from racial discrimination in our own land w/c is a blow to our national pride & dignity. Yong Kennedy. a Filipino-American serviceman employed by the US Navy & stationed in San Francisco. 5500. Bradford filed a Petition for Restraining Order. She believes that this case is under RP courts‘ jurisdiction because act was done outside the . She was awarded P300k for moral damages. Montoya allowed to present evidence & Bradford declared in default for failure to file an answer. US personnel. employees. REYES FACTS: •Respondent Nelia Montoya. Montoya can‘t recall any circumstance that would trigger suspicion of a wrong-doing on her part. •Montoya filed a formal protest w/Mr. bags & car in front of Bradford & other curious onlookers. unlawful & highly-discriminatory and beyond Bradford‘s authority. She is aware of Bradford‘s propensity to suspect Filipinos for theft and/or shoplifting. Mrs. reckless. 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. She claims that: (1) search was outside NEX JUSMAG store thus it‘s improper. Mrs. where she had purchasing privileges. a fellow ID checker approached her & told her that she needed to search her bags upon Bradford‘s instruction. •RTC granted Montoya‘s motion for the issuance of a writ of preliminary attachment and later on issued writ of attachment opposed by Bradford. •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. worked as an ID checker at the US Navy Exchange (NEX) at the US Military Assistance Group (JUSMAG) headquarters in Quezon City. •Jan. necessary for the establishment. RTC ruled in favor of Montoya claiming that search was unreasonable. •July 6. •Petitioner Maxine is an American Citizen employed at the JUSMAG headquarters as the activity exchange manager. (2) due to excess in authority and since her liability is personal. oppressive & against Montoya‘s liberty guaranteed by Consti. She seeks for moral damages of P500k and exemplary damages of P100k. Roynon but no action was taken. (4) the Court can inquire into the factual circumstances of case to determine WON Bradford acted w/in or outside her authority.

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

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

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

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

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

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

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

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

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

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

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

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

HELD: No...824. 500 representing the unpaid price of 300 units of fire extinguishers sold and delivered by it to defendant Agricultural Productivity Commission. So. Subsequently. . with the retention of 20% equivalent to P8. 1967. He then made inquiries about the reasonableness of the price. a canvass was made of the spare parts among the suppliers in Manila. 9. . The Secretary then circularized a telegram holding the district engineer responsible for overpricing. with now respondent Singson as sole proprietor of Singkier Motor Service. In the interim it would appear that when the voucher and the supporting papers reached the GAO..64 only which is P40. It was approved by the Secretary of Public Works and Communications. .. It allegedly that it had presented on June 14. Antonio V.M. In due course the Voucher No. 1967.00 less than the price of the Singkier. amended declared unconstitutional is not correct. it was approved by the Secretary of Public Works and Communications.00. and the Requisitioning Officer (civil engineer).. . SINGSON FACTS: "In January 1967. he approved it for payment in the sum of P34. which is the exclusive dealer of the spare parts of the caterpillar tractors in the Philippines...‖. defendants further brought out the fact that on Oct. the contract in question having been upheld.. . Said firm thus submitted its quotations at P2.. 1967… The committee on award accepted the bid of the Singkier Motor Service for the sum of P43. 07806 reached the hands of Highway Auditor Sayson for pre-audit... Secarro a representative of the Bureau of Supply Coordination. 1967 of the Secretary of Public Works and Communications. The court decision affirmed. 530.00.1967. On June 10." . Manila. particularly. . Thus. In view of the overpricing the GAO took up the matter with the Secretary of Public Works in a third endorsement of July 18.. 1967 in the amount of P34. Plaintiff-appellant is ordered to remove immediately the 300 units of fire extinguisher from the firehouse of the APC. the Requisitioning Officer and the Procurement Officer. since there was no obligating instrument as required by law. and on May 16.00. a canvass or public bidding was conducted on May 5. The lower court sustained defendants dismissal motion and declared itself without jurisdiction to hear the case. which he did. Cebu requesting it to immediately deliver the items listed therein for the lot price of P43. 3083 to file the original action for collection in the lower court. being adjudged as entitled to collect the balance of P8. ISSUE: Whether or not the court has jurisdiction over the case. 529.sum of P238. charges for malversation were filed against the district engineer and the civil engineer involved. Adventor Fernandez. the court has no jurisdiction over the case. Lepatan..00 to Singson. one of the petitioners before us that led to the filing of the mandamus suit below. The contention of the plaintiff that Act 3083 has not been repealed. It was the failure of the Highways Auditor.00. 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.. 706. 1967 the Secretary sent a letterorder to the Singkier Motor Service. 1967. Hence this appeal by certiorari. 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. Mandaue. 6. It would appear that a purchase order signed by the District Engineer..706. 1967. 000. Manuel S.. SAYSON v. It is noted in the approval of the said requisition that "This is an exception to the telegram dated Feb. 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. Upon plaintiff‘s filing of its motion for reconsideration Dec. 21. was addressed to the Singkier Motor Service. 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. the USI (Phil. The voucher was paid on June 9. 1967 a claim for payment of the sum with the Auditor General.. it had acquired the right under Act No.530.). 824. Com longer entitles the claimant to a direct suit in court. Raquiza." What is more.. ISSUE: . 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.00 to submit the voucher with the supporting papers to the Supervising Auditor. Which states that a latter statute which is repugnant to an earlier statute is deemed abrogated the earlier one on the same subject matter. Since Com Act superseded and abrogated it under the principle of ―leges posteriors priores contrarias abrogant‖.

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

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

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

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

The consent of the State to be sued must emanate from statutory authority. REPUBLIC V. for the recovery of ownership and possession of a parcel of land. that the informacion posesoria registered in the Office of the Register of Deed of Camarines Sur on September 23. 90 reserving for settlement purposes. FELICIANO FACTS: Petitioner seeks the review of the decision of the Intermediate Appellate Court dated April 30.in a damage case. duly empowered by a definite order or commission to perform some act or charged with some definite purpose which gives rise to the claim.364. the Proclamation is not a legislative act. 1904. started sub-dividing and distributing the land to the settlers.4177 hectares. 1970.4177hectares.On November 1. 1954. dated August 21. represented by the Land Authority. Municipality of Tinambac. as pointed out by the Solicitor General. under settled jurisprudence is not permitted. Camarines Sur. Consequently. Manila. 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. 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. BENITO LIM VS HERBERT BROWNELL FACTS: The property in dispute consists of four parcels of land situated in Tondo. either expressly or by implication through the use of statutory language too plain to be misinterpreted. 90. RULING: No. caused by an official of the second class referred to. Courts should be wary in accepting "possessory information documents. Feliciano prayed that he be declared the rightful and true owner of the property in question consisting of 1. 1952 was a "reconstituted ―possessory information. as proof of alleged ownership of lands. A suit against the State. as well as other purportedly old Spanish titles. situated in the Barrio of Salvacion. the Land Authority. Feliciano alleged that he bought the property in question from Victor Gardiola by virtue of a Contract of Sale dated May 31. 1954.364. Reconstitution can be validly made only in case of loss of the original. being a derogation of sovereignty. will not be inferred lightly.May. 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. Pablo Feliciano. Camarines Sur. the responsibility of the state is limited to that which it contracts through a special agent. 1985 reversing the order of the Court of First Instance of Camarines Sur. Feliciano filed a complaint with the then Court of First Instance of Camarines Sur against the RP. that the property in question. has by erroneous interpretation infringed the provisions of articles 1902 and1903 of the Civil Code. On January 22. the trial court in not so deciding and in sentencing the said entity to the payment of damages. was the private property of Feliciano and should therefore be excluded there from. 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. Addt l: Worthy of note is the fact. Waiver of State immunity can only be made by an act of the legislative body. Moreover. after which the NARRA and its successor agency. . Adding to the dubiousness of said document is the fact that "possessory information calls for an area of only100 hectares. a tract of land situated in the Municipalities of Tinambac and Siruma. Waiver of immunity. These circumstances raise grave doubts as to the authenticity and validity of the "informacion posesoria" relied upon by respondent Feliciano.followed by a Deed of Absolute Sale on October 30. consisting of four (4) lots with an aggregate area of 1. ―without the submission of proof that the alleged duplicate was authentic or that the original thereof was lost. under the administration of the National Resettlement and Rehabilitation Administration (NARRA). introduced various improvements there in and caused it to be surveyed in July 1952. 1980. But must be construed in strictissimi juris (of strictest right). President Ramon Magsaysay issued Proclamation No. 1954. later reduced to 701-9064 hectares. it was "reconstituted from the duplicate presented to this office (Register of Deeds) by Dr. while located within the reservation established under Proclamation No. Branch VI. It may be invoked by the courts sua sponte at any stage of the proceedings." whereas the land claimed by respondent Feliciano comprises 1.4177 hectares. he took actual possession of the same. 1952. ISSUE: Whether or not the State can be sued for recovery and possession of a parcel of land.364. which survey was approved by the Director of Lands on October 24. except upon a showing that the State has consented to be sued. The lands were.

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

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

" While the doctrine appears to prohibit only suits against the state without its consent. In the case of the foreign state sought to be impleaded in the local jurisdiction. that Genove had poured urine into the soup stock used in cooking the vegetables served to the club customers. non habet imperium. officers of the U. a complaint for damages was filed by the private respondents against the herein petitioners (except the United States of America). by Col." There are other practical reasons for the enforcement of the doctrine. the state may move to dismiss the complaint on the ground that it has been filed without its consent. Genove's reaction was to file Ms complaint in the Regional Trial Court of Baguio City against the individual petitioners.9 There is a conflict of factual allegations here. the defendants beat them up. King. Air Force and special agents of the Air Force Office of Special Investigators (AFOSI). as club manager. express or implied. Bautista was dismissed from his employment. Tomi J. The defendants stress that the dogs were called off and the plaintiffs were immediately taken to the medical center for treatment of their wounds. Commander of the 3rd Combat Support Group. 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. The defendants deny this and claim the plaintiffs were arrested for theft and were bitten by the dogs because they were struggling and resisting arrest. . The 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. otherwise known as the Dangerous Drugs Act. who was employed as a barracks boy in Camp O' Donnell. 6425.14 In such a situation. under which the Philippine government "consents and submits to be sued upon any moneyed claim involving liability arising from contract. On the contrary. which could serve as a basis of civil action between private parties. 80018. Darrel D. the doctrine is not absolute and does not say the state may not be sued under any circumstance. Luis Bautista. the rule says that the state may not be sued without its consent. In fact. Waiver is also implied when the government files a complaint.R. an information for violation of R. In G. Bostick. Wilfredo Belsa. thus opening itself to a counterclaim. On the basis of the sworn statements made by them. No. handcuffed them and unleashed dogs on them which bit them in several parts of their bodies and caused extensive injuries to them. In G. 80258. such as the appropriation of the amount needed to pay the damages awarded against them. As applied to the local state. 79470. 3083. for the state is not an unfeeling tyrant unmoved by the valid claims of its citizens. Fabian Genove filed a complaint for damages against petitioners Anthony Lamachia. 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. According to the plaintiffs. for injuries allegedly sustained by the plaintiffs as a result of the acts of the defendants. RULING: The answer depends on each and every case involved. No. was arrested following a buy-bust operation conducted by the individual petitioners herein. The general law waiving the immunity of the state from suit is found in Act No. the suit must be regarded as against the state itself although it has not been formally impleaded. Rose Cartalla and Peter Orascion for his dismissal as cook in the U.In G. When the government enters into a contract. David C. That is hardly fair. at least in democratic societies. from the testimony of Belsa Cartalla and Orascion. 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 added inhibition is expressed in the maxim par in parem. Lamachia. Air Force Recreation Center at the John Hay Air Station in Baguio City. it is also applicable to complaints filed against officials of the state for acts allegedly performed by them in the discharge of their duties. 1986. As a result of the filing of the charge. Kimball. The board unanimously found him guilty and recommended his dismissal. in the language of a celebrated case. an extension of Clark Air Base. namely. The abovenamed officers testified against him at his trial. ISSUE: Whether or not the doctrine of state immunity is applicable on the said cases.A.R. "unduly vex the peace of nations. It had been ascertained after investigation.R. which clearly imports that it may be sued if it consents. PACAF Clark Air Force Base. No. All states are sovereign equals and cannot assert jurisdiction over one another. Dye and Stephen F. A contrary disposition would. This was effected on March 5.S.S. He then filed a complaint for damages against the individual petitioners herein claiming that it was because of their acts that he was removed. suspended him and thereafter referred the case to a board of arbitrators conformably to the collective bargaining agreement between the Center and its employees. was filed against Bautista in the Regional Trial Court of Tarlac.

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

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

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

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

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

It is to be admitted that under the present Constitution. Col. PNB VS. The chauffeur of the ambulance of the General Hospital was not such an agent. (b) in holding that the Government of the Philippine Islands is liable for the damages sustained by the plaintiff as a result of the collision.000 as claimed by plaintiff in his complaint. agents. by right of sovereign power. but not when the damage should have been caused by the official to whom properly it pertained to do the act performed. subject to its right to interpose any lawful defense. Frankhauser and petitioner in their personal capacities. 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. It does not thereby concede its liability to plaintiff. but by the United States government.724. ISSUE: 1) WON the Government conceded its liability to the plaintiff by allowing a law suit to commence against it.instead of P25. 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. the amount held by said bank is subject to garnishment. operated and maintained the dormitories at Clark Air Base for members of the USAF." and (2) "in limiting the time when plaintiff was entirely disabled to two months and twenty-one days and fixing the . in which case the provisions of the preceding article shall be applicable . 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. Consequently.' damage accordingly in the sum of P2. or create any cause of action in his favor. 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. it abandons its sovereign capacity and is to be treated like any other corporation. or extend its liability to any cause not previously recognized. the writ of execution be imposed immediately." 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. duly empowered by a definite order or commission to perform some act or charged with some definite purpose which gives rise to the claim. 2) NO. thus. who is an alleged agent or employee of the Government. the Government issued an act allowing the plaintiff to commence a lawsuit against it. Indeed. HELD: The certiorari was dismissed without cost by the Supreme Court saying that the funds held by PNB is subject for garnishment." In addition.666.000 as claimed in the complaint. It merely gives a remedy to enforce a pre-existing liability and submits itself to the jurisdiction of the court. assuming that jurisdiction was acquired over the United States Government and the monetary claims of private respondents proved. We will now examine the substantive law touching the defendant's liability for the negligent acts of its officers. instead of P6. MERRITT VS. HELD: 1) NO.66 belonging to Philippine Virginia Tobacco Administration. The responsibility of the state is limited to that which it contracts through a special agent. By consenting to be sued a state simply waives its immunity from suit.Government which. 2) WON the chauffeur is a government employee or agent. and (c) in rendering judgment against the defendant for the sum of P14. PABALAN FACTS: Philippine National Bank invoked the doctrine of non-suability in behalf of PVTA. such awards will have to be satisfied not by Lt. Paragraph 5 of article 1903 of the Civil Code reads: The state is liable in this sense when it acts through a special agent. even if it be true that the collision was due to the negligence of the chauffeur. and employees.000.741.

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