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Showing posts with the label immunity from suit

Abdula vs. Guiani

Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor foun...

Ministerio vs. CFI of Cebu

Ministerio vs. CFI of Cebu GR No. L-31635, August 31 1971, 40 SCRA 464 FACTS: Petitioners as plaintiffs in a complaint filed with the Court of First Instance of Cebu, sought the payment of just compensation for a registered lot, 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, a national road, Cebu City, without paying just compensation and without any agreement, either written or verbal. Ministerio vs. CFI of Cebu There was an allegation of repeated demands for the payment of its price or return of its possession, but defendants Public Highway Commissioner and the Auditor General refused to restore its possession. Read: Republic of the Philippines vs. Feliciano It was further alleged that the appraisal committee of the City of Cebu approved Resolution No. 90, appraising the reasonable and just price of Lot No. 647-B at P50.00 per...

Republic vs. Villasor

Republic vs. Villasor GR No. L-30671, November 28 1973, 54 SCRA 84 FACTS: On July 3, 1961, a decision was rendered in Special Proceedings No. 2156-R in favor of respondents P. J. Kiener Co., Ltd., Gavino Unchuan, and International Construction Corporation, and against the petitioner herein, confirming the arbitration award subject of Special Proceedings. On June 24, 1969, respondent Honorable Guillermo P. Villasor, issued an Order declaring the aforestated decision of July 3, 1961 final and executory, directing the Sheriffs of Rizal Province, Quezon City [as well as] Manila to execute the said decision. Republic vs. Villasor Pursuant to the said Order, the corresponding Alias Writ of Execution was issued. On the strength of the afore-mentioned Alias Writ of Execution, the respondent Provincial Sheriff of Rizal served notices of garnishment with several Banks, specially on the `monies due the Armed Forces of the Philippines in the form of deposits, sufficient to ...

Merritt vs. Government of the Philippine Islands

Merritt vs. Government of the Philippine Islands GR No. L-11154, March 21 1916, 34 Phil. 311 FACTS: Plaintiff was involved in an accident concerning him and a General Hospital ambulance resulting in him being incapacitated. He sustained severe injuries rendering him unable to return to work. Act No. 2457 was enacted in his favor which reads: "An act authorizing E. Merritt to bring suit against the Government of the Philippine Islands and authorizing the Attorney-General of said Islands to appear in said suit.  Merritt vs. Government of the Philippine Islands "Whereas a claim has been filed against the Government of the Philippine Islands by Mr. E. Merritt, of Manila, for damages resulting from a collision between his motorcycle and the ambulance of the General Hospital on March twenty-fifth, nineteen hundred and thirteen;  "Whereas it is not known who is responsible for the accident nor is it possible to determine the amount of damages, if...

Republic of the Philippines vs. Feliciano

Republic of the Philippines vs. Feliciano GR No. 70853, March 12 1987, 148 SCRA 424 FACTS: Respondent Feliciano filed a complaint with the then CFI of Camarines Sur against the Republic of the Philippines, represented by the Land Authority, for the recovery of ownership and possession of a parcel of land, consisting of four (4) lots situated in the Barrio of Salvacion, Municipality of Tinambac, Camarines Sur. Republic of the Philippines vs. Feliciano Plaintiff alleged: that he bought the property in question from Victor Gardiola by virtue of a Contract of Sale followed by a Deed of Absolute Sale; 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 plaintiff's purchase of the property, he took actual possession of the same, introduced various improvements therein and caused it to be surveyed in July 1952, which survey was approved by the Direc...

Wylie vs. Rarang

Wylie vs. Rarang GR No. 74135, May 28 1992, 209 SCRA 357 FACTS: Petitioner M. H. Wylie was the assistant administrative officer while petitioner Capt. James Williams was the commanding officer of the U. S. Naval Base in Subic Bay, Olongapo City. Private respondent Aurora I. Rarang was an employee in the office of the Provost Marshal assigned as merchandise control guard. Wylie vs. Rarang M. H. Wylie, in his capacity as assistant administrative officer of the U.S. Naval Station supervised the publication of the "Plan of the Day" (POD) which was published daily by the US Naval Base station. The POD featured important announcements, necessary precautions, and general matters of interest to military personnel. Wylie vs. Rarang One of the regular features of the POD was the "action line inquiry." Read: Veterans Manpower and Protective Services, Inc. vs. Court of Appeals On February 3, 1978, the POD made a publication, under the "NAV...

Veterans Manpower and Protective Services, Inc. vs. Court of Appeals

Veterans Manpower and Protective Services, Inc. vs. CA GR No. 91359, September 25 1992, 214 SCRA 286 FACTS: Veterans Manpower and Protective Services, Inc. (VMPSI) alleges that the provisions under Section 4 and 17 of Republic Act No. 5487 or the Private Security Agency Law violate the 1987 Constitution against monopolies, unfair competition and combinations in restraint of trade, and tend to favor and institutionalize the Philippine Association of Detective and Protective Agency Operators, Inc. (PADPAO) which is monopolistic because it has an interest in more than one security agency. Veterans Manpower and Protective Services, Inc. vs. Court of Appeals Respondent VMPSI likewise questions the validity of paragraph 3, subparagraph (g) of the Modifying Regulations on the Issuance of License to Operate and Private Security Licenses and Specifying Regulations for the Operation of PADPAO issued by then PC Chief Lt. Gen. Fidel V. Ramos, through Col. Sabas V. Edades, requiring ...

City of Angeles vs. Court of Appeals

City of Angeles vs. Court of Appeals GR No. 97882,  August 28 1996 FACTS: In a Deed of Donation dated March 9, 1984, private respondent donated to the City of Angeles, 51 parcels of land situated in Barrio Pampang, City of Angeles, with an aggregate area of 50,676 square meters, more or less, part of a bigger area also belonging to private respondent. It was subsequently superseded by a Deed of Donation dated September 27, 1984 and an Amended Deed of Donation dated November 26, 1984. City of Angeles vs. Court of Appeals On July 19, 1988, petitioners started the construction of a drug rehabilitation center on a portion of the donated land.  Upon learning thereof, private respondent protested such action for being violative of the terms and conditions of the amended deed and prejudicial to its interest and to those of its clients and residents.  Read: Wylie vs. Rarang Private respondent also offered another site for the rehabilitation cent...

United States of America vs. Ruiz

United States of America vs. Ruiz GR No. L-35645, May 22 1985, 136 SCRA 487 FACTS: The United States of America had a naval base in Subic, Zambales provided under the Military Bases Agreement between the Philippines and the United States. Sometime in May, 1972, the United States invited the submission of bids for some projects. Eligio de Guzman & Co., Inc. responded to the invitation and submitted bids. But the United States inform the company that the company did not qualify to receive an award for the projects because of its previous unsatisfactory performance rating on a repair contract for the sea wall at the boat landings of the U.S. Read: Ministerio vs. CFI of Cebu Naval Station in Subic Bay and that the projects had been awarded to third parties. The defendants entered their special appearance for the purpose only of questioning the jurisdiction of this court over the subject matter of the complaint and the persons of defendants, the subject matter of t...

Farolan vs. Court of Tax Appeals

Farolan vs. Court of Tax Appeals GR No. 42204, January 21 1993, 217 SCRA 298 FACTS: On January 30, 1972, the vessel S/S "Pacific Hawk" arrived at the Port of Manila carrying, among others, 80 bales of screen net consigned to Bagong Buhay Trading (Bagong Buhay). Said importation was declared through a customs broker which was classified under Tariff Heading No. 39.06-B of the Tariff and Customs Code at 35% ad valorem. Since the customs examiner found the subject shipment reflective of the declaration, Bagong Buhay paid the duties and taxes due which was paid through the Bank of Asia. Thereafter, the customs appraiser made a return of duty. Read: Republic vs. Villasor Acting on the strength of an information that the shipment consisted of "mosquito net" made of nylon, the Office of the Collector of Customs ordered a re-examination of the shipment which revealed that the shipment consisted of 80 bales of screen net, each bale containing 20 rolls or a tot...

Municipality of San Fernando vs. Judge Firme

Municipality of San Fernando vs. Judge Firme G No L-52179, April 8 1991, 195 SCRA 692  FACTS: On December 16, 1965, a collision occurred involving a passenger jeepney driven by Bernardo Balagot and owned by the Estate of Macario Nieveras, a gravel and sand truck driven by Jose Manandeg and owned by Tanquilino Velasquez and a dump truck of the Municipality of San Fernando, La Union and driven by Alfredo Bislig. Due to the impact, several passengers of the jeepney including Laureano Baniña Sr. died as a result of the injuries they sustained and four (4) others suffered varying degrees of physical injuries. The private respondents instituted a compliant for damages against the Estate of Macario Nieveras and Bernardo Balagot, owner and driver, respectively, of the passenger jeepney in the Court of First Instance of La Union, Branch I, San Fernando, La Union. Read: Veterans Manpower and Protective Services, Inc. vs. Court of Appeals However, the aforesaid defendants f...

Department of Foreign Affairs (DFA) vs. National Labor Relations Commission (NLRC)

DFA vs. NLRC GR No. 113191, September 18 1996 FACTS: Private respondent NLRC initiated a case against for an alleged illegal dismissal by ADB and the latter's violation of the "labor-only" contracting law. Two summonses were served, one sent directly to the ADB and the other through the Department of Foreign Affairs (DFA), both with a copy of the complaint. Forthwith, the ADB and the DFA notified respondent Labor Arbiter that the ADB, as well as its President and Officers, were covered by an immunity from legal process except for borrowings, guaranties or the sale of securities pursuant to Article 50(1) and Article 55 of the Agreement Establishing the Asian Development Bank (the "Charter") in relation to Section 5 and Section 44 of the Agreement Between The Bank And The Government Of The Philippines Regarding The Bank's Headquarters (the "Headquarters Agreement"). Read: Municipality of San Fernando vs. Judge Firme The Labor Arbiter to...

Callado vs. International Rice Research Institute (IRRI)

Callado vs. IRRI GR No. 106483, May 22 1995, 244 SCRA 210 FACTS: Petitioner Ernesto Callado was employed as a driver at the International Rice Research Institute (IRRI). On February 11, 1990, while driving an IRRI vehicle on an official trip to the Ninoy Aquino International Airport and back to the IRRI, petitioner figured in an accident. After evaluating petitioner's answer, explanations and other evidence by IRRI's Human Resource Development Department Manager, the latter issued a Notice of Termination to petitioner on December 7, 1990. Petitioner then filed a complaint before the Labor Arbiter for illegal dismissal, illegal suspension and indemnity pay with moral and exemplary damages and attorney's fees. Private respondent likewise informed the Labor Arbiter, through counsel, that the Institute enjoys immunity from legal process by virtue of Article 3 of Presidential Decree No. 1620, and that it invokes such diplomatic immunity and privileges as an int...

Southeast Asian Fisheries Development Center (SEAFDEC) vs. National Labor Relations Commission (NLRC)

SEAFDEC vs. NLRC GR Nos. 97468-70, September 2 1993, 241 SCRA 580 FACTS: Two labor cases were filed by the herein private respondents against the petitioner, Southeast Asian Fisheries Development Center (SEAFDEC), before the National Labor Relations Commission (NLRC), Regional Arbitration Branch, Iloilo City. In these cases, the private respondents claim having been wrongfully terminated from their employment by the petitioner. The petitioner, who claims to be an international inter-government organization composed of various Southeast Asian countries, filed a Motion to Dismiss, challenged the jurisdiction of the public respondent in taking cognizance of the above cases. Read: City of Angeles vs. Court of Appeals The private respondents, as well as respondent labor arbiter, allege that the petitioner is not immune from suit and assuming that if, indeed, it is an international organization, it has, however, impliedly, if not expressly, waived its immunity by belate...

ESTRADA vs. ARROYO

ESTRADA vs. ARROYO G.R. No. 146738, March 2, 2001 FACTS:  During the May 1998 election, petitioner Joseph Estrada was elected President while respondent Gloria Macapagal-Arroyo was elected Vice-President. From the beginning of his term, however, petitioner was plagued by problems that slowly eroded his popularity. On October 4, 2000, Ilocos Sur Governor Chavit Singson, a long time friend of the petitioner, accused the petitioner, his family and friends of receiving millions of pesos from jueteng lords. The expose’ immediately ignited reactions of rage. On November 13, 2000, House Speaker Villar transmitted the Articles of Impeachment signed by 115 representatives or more than 1/3 of all the members of the House of Representatives to the Senate. On November 20, 2000, the Senate formally opened the impeachment trial of the petitioner. On January 16, 2001, by a vote of 11-10, the senator-judges ruled against the opening of the second envelope which allegedly contained evidenc...

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LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO

LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO G.R. NO. 73748, May 22, 1986 FACTS: President Corazon Aquino issued Proclamation No. 1 on February 25, 1986 announcing that she and Vice President Laurel were taking power. On March 25, 1986, proclamation No.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." Petitioners alleged that the Aquino government is illegal because it was not established pursuant to the 1973 Constitution. ISSUE: Whether or not the government of Corazon Aquino is legitimate. HELD: Yes. The legitimacy of the Aquino government is not a justiciable matter but belongs to the realm of politics  where only the people are the judge. The Supreme Court further held that: The people have accepted the Aquino government which is in eff...

Callado vs. International Rice Research Institute (IRRI)

Callado vs. IRRI GR No. 106483, May 22 1995, 244 SCRA 210 FACTS: Petitioner Ernesto Callado was employed as a driver at the International Rice Research Institute (IRRI). On February 11, 1990, while driving an IRRI vehicle on an official trip to the Ninoy Aquino International Airport and back to the IRRI, petitioner figured in an accident. After evaluating petitioner's answer, explanations and other evidence by IRRI's Human Resource Development Department Manager, the latter issued a Notice of Termination to petitioner on December 7, 1990. Petitioner then filed a complaint before the Labor Arbiter for illegal dismissal, illegal suspension and indemnity pay with moral and exemplary damages and attorney's fees. Private respondent likewise informed the Labor Arbiter, through counsel, that the Institute enjoys immunity from legal process by virtue of Article 3 of Presidential Decree No. 1620, and that it invokes such diplomatic immunity and privileges as an int...

DRILON VS. LIM

GR No. 112497, August 4 1994 FACTS: Pursuant to Section 187 of the Local Government Code or the Procedure For Approval And Effectivity Of Tax Ordinances And Revenue Measures; Mandatory Public Hearings, Secretary of Justice had, on appeal to him of four oil companies and a taxpayer, declared Ordinance No. 7794, otherwise known as the Manila Revenue Code, null and void for non-compliance with the prescribed procedure in the enactment of tax ordinances and for containing certain provisions contrary to law and public policy. In a petition, the Regional Trial Court of Manila revoked the Secretary's resolution and sustained the ordinance, holding inter alia that the procedural requirements had been observed. Instead, it declared Section 187 of the Local Government Code as unconstitutional because of its vesture in the Secretary of Justice of the power of control over local governments in violation of the policy of local autonomy mandated in the Constitution and of the specific...