Constitutional Law 1 - page 7

FACTS: The United States of America invited the submission of bids for various repair projects inside its naval base in Subic, Zambales. Eligio de Guzman & Co., Inc. responded to the invitation, submitted its bids and complied with subsequent requests to confirm its price proposal and for the name of its bonding company. The company was later notified of its disqualification because of its previous unsatisfactory performance rating on a previous repair contract with the United States. ISSUE(S): Whether or not petitioners performed jure imperei acts and can thus invoke the doctrine of state immunity from suits. HELD: YES. The…

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FACTS: For various reasons, among them the non-payment of installments, the Shipping Commission cancelled its contract of sale with Fernando Froilan, took possession of the vessel FS-197 then chartered and delivered the vessel in question to defendant-appellant Pan Oriental Shipping Company. ISSUE(S): Whether or not the lower court erred in dismissing the counterclaim on the ground of alleged lack of jurisdiction over the intervenor Republic of the Philippines. HELD: YES. By filing its complaint in intervention, the Government in effect waived its right to nonsuability.

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FACTS: Petitioner is the registered owner of a lot which, without prior expropriation proceedings or negotiated sale, was used by the government. Her counsel wrote the President of the Philippines requesting payment of the portion of her lot which had been expropriated by the government. She later filed a case against the Commissioner of Public Highways for recovery of ownership and possession of the said lot. She also sought payment for compensatory damages, moral damages and attorney’ fees. ISSUE(S): Whether or not the appellant may properly sue the government for damages. HELD: YES. Where the government takes away property from…

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FACTS: Several guards filed a complaint for underpayment of wages, 13th month pay, uniform allowance, night shift differential pay, holiday pay and overtime pay as well as for damages before the Regional Arbitration. ISSUE(S): Whether or not the doctrine of nonsuability applies. HELD: YES. The universal rule that where the State gives its consent to be sued by private parties either by general or special law, it may limit the claimant’s action only up to the completion of proceedings anterior to the stage of execution and that the power of the courts ends when judgment is rendered, since government fund…

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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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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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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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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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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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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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