The Holy See vs. Rosario 238 SCRA 524 / G.R. No.

101949

FACTS: A piece of real property, a parcel of land consisting of 6,000 square meters located in the Municipality of Paranaque, was acquired by the Holy See by way of donation from the Archdiocese of Manila. The purpose was to construct the official place of residence of the Papal Nuncio. Said lot was contiguous with two other lots. Later, the Holy See sold the property on condition that it will evict the squatters therein. A dispute arose as to who of the parties has the responsibility of evicting and clearing the land of squatters. Because of the failure to comply with the condition, the Holy See was sued. It moved to dismiss on the ground of state immunity. ISSUE: Whether or not the respondent trial court has jurisdiction over petitioner entitle to diplomatic immunity. HELD: The Republic of the Philippines has accorded the Holy See the status of a foreign sovereign. The Holy See, through its Ambassador, the Papal Nuncio, has had diplomatic representations with the Philippine Government since 1957. The privilege of diplomatic immunity in this case was sufficiently established by the memorandum and certification of the Department of Foreign Affairs. The DFA has formally intervened in this case and officially certified that the Embassy of the Holy See is a duly accredited diplomatic mission to the Republic of the Philippines exempt from local jurisdiction and entitled to all the rights, privileges and immunities of a diplomatic mission or embassy in this country. The determination of the executive arm of government that a state or instrumentality is entitled to sovereign or diplomatic immunity is a political question that is conclusive upon the courts. Where the plea of immunity is recognized and affirmed by the executive branch, it is the duty of the courts to accept this claim so as not to embarrass the executive arm of the government in conducting the countrys foreign relations.