Title
American Insurance Co. vs. Republic
Case
G.R. No. L-24955
Decision Date
Jul 29, 1968
Insurer sued Philippines and Bureau of Customs over lost cargo; court upheld state immunity, ruling arrastre services as governmental, requiring claims via Auditor General.
Font Size:

Case Digest (G.R. No. L-24955)

Facts:

  1. Parties Involved:

    • Plaintiff-Appellant: American Insurance Company.
    • Defendants-Appellees: Republic of the Philippines and Bureau of Customs.
  2. Nature of the Case:

    • The American Insurance Company filed an action to recover the value of certain cargoes consigned to the insured San Miguel Corporation.
    • The cargoes were allegedly lost in 1964 while in the possession of the Bureau of Customs, which was acting as the "arrastre" operator.
  3. Legal Proceedings:

    • The Court of First Instance of Manila dismissed the case (Civil Case No. 60551).
    • The American Insurance Company appealed the dismissal.
  4. Key Legal Context:

    • The case involves the doctrine of state immunity from suit.
    • The Bureau of Customs, as an arrastre operator, was performing a governmental function.

Issue:

  1. Whether the Bureau of Customs, acting as an arrastre operator, is performing a governmental function.
  2. Whether the Republic of the Philippines and the Bureau of Customs can be sued without the State's consent.
  3. Whether the plaintiff's remedy lies in filing a claim with the Auditor General under Commonwealth AO No. 327.

Ruling:

The Supreme Court affirmed the order of dismissal issued by the Court of First Instance of Manila. The Court held that:

  1. The Bureau of Customs, in performing arrastre services, is engaged in a governmental function.
  2. The Republic of the Philippines and the Bureau of Customs cannot be sued without the State's consent due to the doctrine of state immunity from suit.
  3. The proper remedy for the plaintiff is to file a claim with the Auditor General under Commonwealth AO No. 327.

Ratio:

  • (Unlock)

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.