Professional Documents
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SANDERS VS VERIDIANO II
FACTS:
Petitioner Sanders is a special services director
of the US Naval Station. Petitioner Moreau was
the commanding officer of the Subic Naval
Base, which includes the said station. Private
respondent Rossi and Wyer are both American
citizens with permanent residence in the
Philippines. They were employed as gameroom
attendants. Respondents were advised that their
employment
had
been
converted
from
permanent full-time to permanent part-time.
They protested the conversion and the hearing
officer recommended the reinstatement of
respondents to full-time. Sanders disagreed
with the recommendation. In a letter he stated
respondents tend to alienate co-workers and
they were difficult employees to supervise; and
even though the grievance was confidential they
placed the records in public places Before the
start of the grievance, a letter purportedly
coming from Moreau (which did not carry his
signature) but was signed by W.B. Moore by
direction from Moreau, explaining the change
of employment status was sent to the Chief of
Naval Personnel and to concur therewith.
Respondents filed a case for damages against
petitioners alleging that the letter contained
libelous imputations that had exposed them to
ridicule,
mental
anguish
etc.
Private
respondents made it clear that the petitioners
were being sued in their private or personal
capacity. Petitioner moved to dismiss stating
that the acts performed by them I the discharge
of their official duties and therefore court has
no jurisdiction under the doctrine of state
immunity. Their motion was denied. ISSUE:
Whether petitioners were performing their
official
duties when they did the acts for which they
have been sued
for damages.
HELD: The court held in the affirmative. 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 doctrine of state
immunity. The acts for which the petitioners are
being called to account were performed by them
in the discharge of their official duties. The
doctrine of State immunity is applicable not
only to our government but also to foreign states
sought to be subjected to the jurisdiction of our
courts. There are two exceptions in the rule: 1.
He may be sued when the purpose is to compel
him to do an act required by law. 2. Also when
the government itself has violated its own laws,
the government may be impleaded. The case
Issue:
Whether the mother should be entitled to act as a trustee of a
minor beneficiary of the proceeds of an insurance policy from
the deceased.
Ruling:
With the provisions Articles 320 and 321 of the Civil Code as
basis, the decision is affirmed with costs against the
defendant-appellant, Francisco Pilapil. Article 320 states that
the father, or in his absence the mother, is the legal
administrator of the property pertaining to the child under
parental authority. If the property is worth more than two
thousand pesos, the father or mother shall give a bond
subject to the approval of the Court of First Instance." And
Article 321 states that "The property which the child has
acquired or may acquire with his work or industry, or by any
lucrative title, belongs to the child in ownership, and in
usufruct to the father or mother under whom he is under
parental authority and whose company he lives. With the
added condition that the child stays with the mother, not the
uncle, without any evidence of lack of maternal care, the
decision arrived at stand the test of the strictest scrutiny. The
appealed decision is supported by another rational
consideration. It is reinforced by its adherence to the concept
that the judiciary, as an agency of the State acting as
parenspatriae, is called upon whenever a pending suit of
litigation affects one who is a minor to accord priority to his
best interest This prerogative of parenspatriae is inherent in
the supreme power of every State, whether that power is
lodged in a royal person or in the legislature, and has no
affinity to those arbitrary powers which are sometimes
exerted by irresponsible monarchs to the great detriment of
the people and the destruction of their liberties." There is a
constitutional provision vitalizing this concept that "The State
shall strengthen the family as a basic social institution."If, as
is
corporate
body
performing
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 P12,724.66 belonging to
Philippine Virginia Tobacco Administration.
Facts;
Philippine National Bank invoked the doctrine of nonsuability in behalf of PVTA. It is to be admitted that under the
present Constitution, 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." In addition, the amount held by said bank is
subject to garnishment.
Held;
The certiorari was dismissed without cost by the Supreme
Court saying that the funds held by PNB is subject for
garnishment, thus, the writ of execution be imposed
immediately. The non-suability 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 well-settled that when the
government enters into commercial business, it abandons its
sovereign capacity and is to be treated like any other
corporation.
HELD:
US VS GUINTO
February 26, 1990
FACTS:
These cases are consolidated because they all involve the
doctrine of state immunity.
1) US VS GUINTO (GR No. 76607) The private respondents
are suing several officers of the US Air Force in Clark Air Base
in connection with the bidding conducted by them for
contracts for barber services in the said base which was won
by a certain Dizon.The respondents wanted to cancel the
award to the bid winner because they claimed that Dizon had
included in his bid an area not included in the invitation to
bid, and subsequently, to conduct a rebidding.
2} US VS RODRIGO (GR No 79470) Genove, employed as a
cook in the Main Club at John Hay Station, was dismissed
after it had been ascertained in an investigation that he
poured urine in the soup stock.Genove filed a complaint for
damages against the club manager who was also an officer of
USAF.
2) US VS CEBALLOS (GR No 80018) Luis Bautista, a barracks
boy in Camp ODonnel, was arrested following a buy-bust
operation conducted by petitioners who were USAF officers
and special agents of the Air Force Office. A trial ensued
where petitioners testified against respondent Bautista.As a
result of the charge, Bautista was dismissed from his
employment. He then filed for damages against petitioners
claiming that because of the latters acts, he was removed
from his job.
3) US VS ALARCON VERGARA (GR No 80258) Complaint for
damages was filed by private respondents against individual
petitioners for injuries allegedly sustained by handcuffing and
unleashing dogs on them by the latter.The individual
petitioners, US military officers, deny this stressing that the
private respondents were arrested for theft but resisted arrest,
thus incurring the injuries. In all these cases, the individual
petitioners claimed they were just exercising their official
functions.The USA was not impleaded in the complaints but
has moved to dismiss on the ground that they are in effect
suits against it to which it has not consented.
ISSUE:
Is the doctrine of state immunity applicable in the cases at
bar?
Republic vs Purisima
Facts:
A motion to dismiss was filed on September 7, 1972 by
defendant Rice and Corn Administration in a pending civil
suit inthe sala of respondent Judge for the collection of a
money claim arising from an alleged breach of contract, the
plaintiffbeing private respondent Yellow Ball Freight Lines,
Inc. At that time, theleading case of Mobil Philippines
Exploration, Inc. v. Customs Arrastre Service, where Justice
Bengzon stressed the lack of jurisdiction of a court to passon
the meritsof a claim against any office or entity acting as part
of the machinery of the national government unlessconsent
beshown, had been applied in 53 other decisions. Respondent
Judge Amante P. Purisima of the Court of FirstInstance of
Manila denied the motion to dismiss dated October 4, 1972.
Hence, the petition for certiorari and prohibition.
Issue:
FACTS:
The doctrines of immunity of the government from suit is
expressly provided in the Constitution under Article XVI,
Section 3. It is provided that the State may not be sued
without its consent. Some instances when a suit against the
State is proper are: (1) When the Republic is sued by name;
(2) When the suit is against an unincorporated government
agency; (3) When the suit is, on its face, against a government
officer but the case is such that ultimate liablity will belong
not to the officer but to the government. With respect to the
incident that happened in Mendiola on January 22, 1987 that
befell twelve rallyists, the the case filed against the military
officers was dismissed by the lower court. The defendants
were held liable but it would not result in financial
responsibility to the government. The petitioner (Caylao
Group) fileda suit against the State that for them the State
has waived its immunity when the Mendiola Commission
recommended the government to indemnify the victims of the
Mendiola incident and the acts and utterances of President
Aquino which is sympathetic to the cause is indicative of
State's waiver of immunity and therefore, the government
should also be liable andshould be compensated by the
government . The case has been dismissed that State has not
waived its immunity. On the other hand, the Military Officer
filed a petition for certiorari to review the orders of the
Regional Trial Court, Branch 9.
ISSUE:
Whether or not the State has waived its immunity from suit
and therefore should the State be liable for the incident?
HELD:
No. The recommendation made by the Mendiola Commission
regarding the indemnification of the heirs of the deceased and
the victims of the incident does not in any way mean liability
authomatically attaches to the State. The purpose of which is
to investigate of the disorders that took place and the
recommendation it makes cannot in any way bind the State.
The acts and utterances of President Aquino does not mean
admission of the State of its liability. Moreover, the case does
not qualify as suit against the State. While the Republic in
this case is sued by name, the ultimate liability does not
pertain to the government. The military officials are held
liable for the damages for their official functions ceased the
moment they have exceeded to their authority. They were
deployed to ensure that the rally would be peaceful and
orderly and should guarantee the safety of the people. The
court has made it quite clear that even a high position in the
government does not confera license to persecute or recklessly
injure another. The court rules that there is no reversible
error and no grave abuse of dicretion commited by the
respondent Judge in issuing the questioned orders.