Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Sovereign Immunity
ISSUE:
HELD
was
purely
Issue:
Classical or Absolute Theory - a sovereign cannot,
without its consent, be made a respondent in the
1. Whether or not the writ of attachment against
courts of another sovereign
TESDA and its funds, to cover PROVIs claim against
TESDA is valid?
2. Whether or not TESDA is covered by the principle
Newer or Restrictive theory, the immunity of theof State Immunity?
sovereign is recognized only with regard to public acts
or acts jure imperii of a state, but not with regard to Holding:
private acts or acts jure gestionis.
1. No
2. Yes
Ruling:
1. Public funds cannot be the object of
garnishment proceedings even if the consent
to be sued had been previously granted and
the state liability adjudged.
(C) The complaint in NLRC CASE NO. SUB-RAB-01-127-0225-93 was initiated by respondent Antonio
Cabugao before the Sub-Regional Arbitration Branch
of NLRC in Dagupan City against PNEI and APT
similarly involving claims for separation pay, 13th
month pay and other benefits. However, the SolicitorGeneral initially points out that APT, being an agency
Suits Against Government Instrumentalities
or instrumentality of the Republic of the Philippines, is
REPUBLIC OF THE PHILIPPINES, represented by immune from suit.
ASSET PRIVATIZATION TRUST, petitioner,
ISSUES:
Whether or not PNEI and APT are liable
vs.
NATIONAL LABOR RELATIONS COMMISSION, to the complainants
Whether or not APT is immune from suit.
HON. EDUARDO J. CARPIO, and PANTRANCO
ASSOCIATION OF CONCERNED EMPLOYEES
HELD:
UNION, respondents.
FACTS:
Only
two
companies
participated
with
respondent submitting the lower bid. In view,
however,
of
the
non-accreditation
of
respondents Penicillin G Benzathine product,
the contract was awarded to YSS depite the
fact that Philpharma wealth is the lowest
bidder.
Philippine Agila Satellite Inc. (PASI) vs. TrinidadLichauco (DOTC, Acting Sec.)
Facts:
On Jan 28, 1992 Forest protection and LawFacts:
enforcement Team of CENRO of the DENR
Michael de Guzman, President and Chairman of
apprehended 2 motor vehicles loaded with illegally Philippine Agila Satellite, Inc. (PASI) entered into a
sourced lumber. Constancio Abuganda and Pio Gabon, Memorandum of Understanding (MOU) with DOTC that
the drivers of the vehicles, failed to present proper they will launch a Filipino-owned satellite into outer
documents and/or licensed. Thus, the apprehendingspace. Under the MOU, the satellite will be privately
team seized and impounded the vehicles and its load owned by PASI, which will grant the PH govt one free
of lumber. Felipe Calub, Provincial Environment andtransponder and another one, subject to availability.
Natural resource Officer, then filed a criminalThe govt, through the Intl Telecommunications Union
complaint against Abuganda for violation of thedesignated 2 orbital slots for PASI. They have secured
Revised Forestry Code.
the confirmation from govt and was about to proceed
with launching preparations when respondent
On February 11, 1992 one of the two vehicles wasTrinidad-Lichauco held a series of sabotage to te
again apprehended by a composite team of the DENR- business of PASI.
CENR. Calub duly filed criminal complaint against
Among the things Lichauco did was 1) offering
Constancio Abuganda, a certain Abegonia, andthe other orbital slot to Unknown Awardee, 2) utter
several John Does for violation of Revised forestry act. disparaging and defamatory remarks about
petitioners in a meeting and then later at a telcomm
Facts:
This involves the 227 shares of stock from
Negros Occidental Golf and Country Club, Inc. owned
by respondent Benedicto, thought to have been illgotten, which the PCGG fiscal agents sequestered and
took over.
The PCGG and Benedicto entered into a
Compromise Agreement of lifting the sequestration of
the shares and implying that they were not ill-gotten
and Benedicto was well within his financial capacity to
purchase them.
Benedicto filed a Motion for Release and return of
stocks, which the Sandiganbayan approved, plus
PCGGs payment of the membership fee, whose
noncompliance (or delay of compliance) thereof
resulted in the foreclosure of the stocks and its
consequent public sale.
Issue/Ruling:
Is PCGG responsible for the payment of membership
fees for the sequestered shares of stock?
Unpaid balance for the additional constructions The State's immunity cannot serve as an instrument
perpetrating injustice
amounted to P5,918,315.63
Upon a demand letter from the petitioners, on Petition granted. RTC decision reversed and set aside.
November 14, 1988, DPWH Asst. Secretary
Madamba opined that payment of petitioners' Quantum meruit the amount of recovery would only
be the reasonable value of the thing or services
money claims should be based on quantum
rendered regardless of any agreement as to value.
meruit (what one has earned) and should be
forwarded to the Commission on Audit (COA)
In a Letter of the Undersecretary of Budget and Royal Prerogative of Dishonesty and hide under the
Management dated December 20, 1994, the
States cloak of immunity
amount of P5,819,316.00 was then released
for the payment of the petitioners' money
claims under Advise of Allotment No. A4-1303- Dept. of Education, Albay vs. Onate
04-41-303
In an indorsement dated December 27, 1995, Facts:
the COA referred anew the money claims to
Spouses Claro Onate and Gregoria Los Banos
the DPWH
owns the disputed lot Lot No. 6849 (27,907 sqm)
In a letter dated August 26, 1996, respondent registered under the Torrens System of land
Secretary Gregorio Vigilar denied the subject registration with an Original Certificate of Title (OCT).
This lot was already settled through a Deed of
money claims
Petitioners filed before the RTC of QC, Branch Extrajudicial Settlement of Estate and Cession in
1991, in favor of respondent as his three sisters
226 a Petition for Mandamus to order the
waived their rights to the property.
respondent to pay petitioners their money
It turns out that the same land was where the
claims plus damages and attorney's fees.
Daraga
North Central Elementary School was built and
Lower court denied the petition on February
had
been
operating since 1940, then named
18, 1997
Bagumbayan Elementary School of Daraga. The
Municipality of Daraga gave that land to Dept. of
Issue:
Education, Culture and Sports (DECS), now Dept. of
Whether or not the implied, verbal contracts
Education (DepEd) through a Deed of Donation,
between the petitioners and then
confident that the municipality owned the land
Undersecretary Canlas should be upheld?
through buying it from Claro Onate, the respondents
Whether or not the State is immune from suit?
grandfather, sometime in 1940.
Respondent testified that he only knew of the dispute
Holding:
on 1973, from which he took possession of the lot the
Yes.
same year; that he knew only of the schools
No.
occupation on a portion of the land on 1991 and knew
of the Deed of Donation on 1992. The petitioner then
Ruling:
claimed that respondent was guilty of laches.
1. While the court agrees with the respondent that the Issue:
implied contracts are void, in view of violation of
Is the respondent guilty of laches? Will it be
applicable laws, auditing rules, and lack of legal
applied to him in this case?
requirements, it still finds merit in the instant petition Is the State immune from this case? Can DECS be
The illegality of the implied contracts proceeds from sued independently from the State?
an express declaration or prohibition by law, not from
any intrinsic illegality
"In the interest of substantial justice," petitionersRuling:
contractors' right to be compensated is upheld,
applying the principle of quantum meruit
YES. Laches is defined as the failure or
Even the DPWH Asst. Sec. for Legal Affairs
neglect, or an unreasonable and unexplained length
recommends their compensation; even the DPWH
of time, to do that which could or should have been
Auditor did not object to the payment of the money
done earlier. Elements of laches have set in: 1)
claims
disputed land has been used for public education
since 1940, 2) respondent failed to prove that him and
2. The respondent may not conveniently hide under his predecessors undertook steps to regain the use of
the State's cloak of invincibility against suit,
their land, to protest the building of the school as
considering that this principle yields to certain settled early as 1940, 3) petitioner DECS did not anticipate
exceptions.
that their occupancy of the land would be later
questioned, and 4) preliminary facts show grave