Case Digest (G.R. No. L-23879)
Facts:
- The case involves the Domestic Insurance Company of the Philippines (plaintiff-appellant) against Barber Line, Macondray & Co., Inc., and/or the Republic of the Philippines (defendants-appellees).
- On May 17, 1963, the SS Queensville loaded cargo in New York, U.S.A., destined for Centennial Commercial Corporation in Manila.
- Among the cargo were three cartons of shears, for which Barber Line issued a Bill of Lading.
- The vessel arrived in Manila on June 24, 1963, and discharged its cargo into the custody of the arrastre operator under the Bureau of Customs.
- Centennial Commercial Corporation completed all necessary shipping documents through the defendants and the Bureau of Customs.
- Due to alleged negligence by the defendants, certain items were not delivered, resulting in a loss of P8,800.92.
- The Domestic Insurance Company, as the insurer-subrogee, filed a suit for money against the defendants to recover the losses.
- The Republic of the Philippines was named as an alternative defendant.
- The lower court dismissed the case against the Republic, citing state immunity from suit without consent.
- The Domestic Insurance Company appealed the dismissal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the dismissal of the case against the Republic of the Philippines, ruling that the stat...(Unlock)
Ratio:
- The Court reiterated established jurisprudence on state immunity from suit, especially regarding functions related to revenue assessment and collection, tariffs, and customs duties.
- The operation of the arrastre service by the ...continue reading
Case Digest (G.R. No. L-23879)
Facts:
The case involves the Domestic Insurance Company of the Philippines (plaintiff-appellant) against Barber Line, Macondray & Co., Inc., and/or the Republic of the Philippines (defendants-appellees). The events leading to the case began on May 17, 1963, when the SS Queensville loaded a consignment of cargo in New York, U.S.A., destined for the Centennial Commercial Corporation in Manila. Among the cargo were three cartons of shears, for which Barber Line issued a Bill of Lading. The vessel arrived in Manila on June 24, 1963, and subsequently discharged its cargo into the custody of the arrastre operator, which was under the Bureau of Customs. The consignee, Centennial Commercial Corporation, completed all necessary shipping documents through the defendants and the Bureau of Customs. However, due to alleged negligence on the part of the defendants, certain items from the shipment were not delivered, resulting in a loss amounting to P8,800.92. The Domestic Insurance Company, as the insurer-subrogee of the cargo, filed a suit for money against the de...