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August 2017 - page 2

Larkins vs NLRC; G.R. No. 92432; 23 Feb 1995; 241 SCRA 598

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FACTS: Private respondents filed a complaint with the Regional Arbitration of the National Labor Relation Commission against petitioner and Lt. Col. Frankhauser for illegal dismissal and underpayment of wages. ISSUE(S): Whether or not the doctrine of nonsuability applies. HELD: YES. Private respondents were dismissed by Lt. Col. Frankhauser acting for and in behalf of the U.S. government.

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Shauf vs CA; G.R. No. 90314; 27 Nov 1990; 191 SCRA 713

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FACTS: Petitioner applied for the vacant position of Guidance Counselor in the Basic Education Office at the Clark Air Base. Despite her qualification, she was not appointed by respondent Anthony Persi; instead, Edward Isakson was employed even though he does not meet the requirement of the position. ISSUE(S): Whether or not private respondents are immune from suit. HELD: NO. While the doctrine appears to prohibit only suit against the State without its consent, it i also applicable to complaints filed against official of the State for acts allegedly performed by them in the discharge of their duties. However, it is…

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Civil Aeronautics Administration vs COMELEC; G.R. No. L-51806; 08 Nov 1988; 167 SCRA 28

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FACTS: Private respondent went to the Manila International Airport to meet his future son-in-law. To get a  better view of incoming passengers, he and his group proceeded to the viewing deck of the airport. While walking to the terrace, private respondent slipped over an elevation about 4 inches high. As a result, he fell on his back and broke his thigh bone. ISSUE(S): Whether or not petitioner can be exempted from suit. HELD: NO. R.A. 776 (Civil Aeronautics Act) did not alter the character of the petitioner’s objective under E.O. 365. The pertinent provision cited in the NAC vs Teodoro…

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Sanders vs Veridiano; G.R. No. L-46930; 10 Jul 1988; 162 SCRA 88

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FACTS: Private respondents were advised that their employment had been converted from permanent full-time to permanent part-time. ISSUE(S): Whether or not local courts have jurisdiction over the case. HELD: NO. The government of the United States has not given its consent to be sued for the official acts of the petitioner who cannot satisfy any judgment that may be rendered against them.

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NIA vs IAC; G.R. No. 73919; 18 Sep 1992; 214 SCRA 35

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FACTS: Petitioner constructed an irrigation canal which passed through the private respondent’s landholdings. The canal has two outlets which provide said landholdings with water and at the same time drains excess water. ISSUE(S): Whether or not NIA is immune from suit. HELD: NO. NIA is not immune from suit. Section 2, sub-paragraph (f) of P.D. 552 grants the NIA the power to exercise all the powers of a corporation under the Corporation Law insofar as they are not inconsistent with the provisions of P.D. 552. Paragraph 5 of said law also provide that petitioner may sue and be sued in…

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Municipality of San Fernando, La Union vs Firme; G.R. No. 52179; 08 Apr 1991; 195 SCRA 692

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FACTS: A collision occurred involving a passenger jeepney driven by Bernardo Balgat, a sand and gravel truck driver driven by Jose Marandang and owned by Tanquilino Velasquez and a dump truck of the Municipality of San Fernando driven by Alfredo Bialig. Several jeepney passengers died as a result. ISSUE(S): Whether or not the municipality may invoke State immunity as a defense. HELD: NO. Municipal corporations are suable because their charters grant them the competence to sue and be sued. Generally, they are not liable for torts committed by them in the discharge of governmental functions and can be held answerable…

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Tan vs Director of Forestry; G.R. No. L-24548; 27 Oct 1983; 125 SCRA 302

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FACTS: The Bureau of Forestry issued Notice 2087 advertising for public hearing a certain tract of public forest land. Petitioner submitted his application in due form after paying the necessary fees and posting the required bond. Later that year, President Carlos Garcia issued a directive to the Director of the Bureau of Forestry to convert the land into a forest reserve for watershed purposes. The Agriculture and Natural Resources issued General Memorandum No. 46 granting ordinary timber license where the area is not more than 3,000 hectares. This was subsequently revoked by General Memorandum No. 60. ISSUE(S): Whether or not…

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Republic vs Feliciano; G.R. No. 70853; 12 Mar 1987; 148 SCRA 424

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FACTS: President Ramon Magsaysay issued Proclamation No. 90 reserving lands for settlement purposes which happen to include respondent’s land. Respondent filed a complaint against the Republic of the Philippines for recovery of ownership of a parcel of land consisting of four lots. ISSUE(S): Whether or not the doctrine of nonsuability of the State applies in this case. HELD: YES. The Court finds petition meritorious. The doctrine of nonsuability of the State has proper application in this case. By its caption and its allegation and prayer, the complaint is clearly a suit against the State which under settle jurisprudence is not…

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Southeast Asian Fisheries Devt Center vs NLRC; G.R. Nos. 97468-70; 02 Sep 1993; 241 SCRA 580

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FACTS: Private respondent filed a complaint for illegal dismissal against petitioner, in which the Labor Arbiter rendered a decision ordering petitioner to reinstate the former to his former position with full back wages and to pay moral damages. ISSUE(S): Whether or not the NLRC has jurisdiction over the case. HELD: NO. One of the basic immunities of an international organization is immunity from local jurisdiction, that it is immune from the legal writs and processes issued by tribunals of the court where it is found. The obvious reason for this is that the subjection of such an organization to the…

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Republic vs Villasor; G.R. No. L-30671; 28 Nov 1973; 54 SCRA 83

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FACTS: A decision was rendered in Special Proceeding No. 2156-R confirming the arbitration award in favor of respondents. The award is for the satisfaction of a judgment against the Philippine government. ISSUE(S): Whether or not the writ of execution issued by respondent judge is valid. HELD: NO. What was done by Judge Villasor is not in conformity with the dictates of the Constitution. It is the fundamental postulate of the sovereignty that the State as well as its government is immune from suit unless it gives its consent. The universal rule that where the State gives its consent to be…

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