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Political Law - page 30

Municipality of San Miguel, Bulacan vs Fernandez; G.R. No. L-61744; 25 Jun 1984; 130 SCRA 56

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FACTS: The Court of First Instance of Bulacan rendered a judgment holding petitioner liable to private respondents and ordering the municipality, among others, to pay private respondents the loss of income from rentals on subject lots and attorney’s fees. ISSUE(S): Whether or not the funds of the Municipality of San Miguel, Bulacan are public funds which are exempt from execution. HELD: YES. It is a well settled doctrine of the law that not only the public property but also the taxes and public revenues of such [municipal] corporations cannot be seized under execution against them, either in the treasury or…

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PNB vs Pabalan; G.R. No. L-33112; 15 Jun 1978; 83 SCRA 595

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FACTS: Petitioner PNB filed for certiorari and prohibition against respondent judge who issued a writ of execution and a notice of garnishment of the funds of respondent Philippine Virginia Tobacco Administration. ISSUE(S): Whether or not petitioner can invoke the doctrine of State immunity from suits and the funds may not be garnished. HELD: NO. It is well-settled that when the government enters into commercial business, it abandons its sovereign capacity and is treated like any other corporation.  

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Pacific Products vs Ong; G.R. No. 33777; 30 Jan 1990; 181 SCRA 536

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FACTS: BML Trading won a bid to supply the Bureau of Communication with 15,000 pounds of bluestone copper sulphate worth P10,500. Before the Bureau could release the payment to BML, the Sheriff garnished P9,111.70  of the P10,000. ISSUE(S): Whether or not the garnishment of the amount payable to BML while it was still in the possession of the Bureau of Communication was illegal, therefore null and void. HELD: YES. By executing the garnishment against the money while still in the possession of the Bureau of Communication, a government agency was included in the action. Being a government agency, the doctrine…

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Republic vs Sandiganbayan; G.R. No. 90478; 21 Nov 1991; 204 SCRA 212

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FACTS: Tantoco and Santiago filed with the Sandiganbayan a pleading denominated as interrogatories to plaintiff as well as a motion for production and inspection of documents. PCGG claims that the documents sought to be produced are privileged in character and their use is proscribed by the immunity provisions of E.O. 1. ISSUE(S): Whether or not petitioner can object to the interrogatories served to it in accordance with Rule 25 of the Rules of Court. HELD: NO. The State is, of course, immune from suit in the sense that it cannot, as a rule, be sued without its consent. But it…

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US vs Guinto; G.R. No. 76607; 26 Feb 1990; 182 SCRA 644

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FACTS: The USAF stationed in Clark Air Base solicited bids for contracts for barber services in the base. The bidding was won by Ramon Dizon. Private respondents objected, claiming Dizon had made a bid for four facilities. ISSUE(S): Whether or not petitioners are immune from suit. HELD: NO. When the state enters into a commercial or business contract, the state divests itself of its privilege and lowers itself to the level of the other party.

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US vs Ruiz; G.R. No. L-35645; 22 May 1985; 136 SCRA 487

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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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Froilan vs Pan Oriental Shipping; G.R. No. L-6060; 30 Sep 1954; 95 Phil 905

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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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Amigable vs Cuenca; G.R. No. L-26400; 29 Feb 1972; 43 SCRA 360

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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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Dept of Agriculture vs NLRC; G.R. No. 104269; 11 Nov 1993; 227 SCRA 693

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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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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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