Case Digest (G.R. No. L-26386)
Facts:
Providence Washington Insurance Co. v. Republic of the Philippines and Bureau of Customs, G.R. No. L-26386, September 30, 1969, the Supreme Court En Banc, Fernando, J., writing for the Court. Providence Washington Insurance Co. (plaintiff-appellant) sued for the non-delivery of thirty cases of steel files insured against loss and damage, naming the Republic of the Philippines and the Bureau of Customs (as operator of the arrastre service) as defendants.The trial court dismissed the suit by order dated May 23, 1966. On October 21, 1966, Providence filed its brief as appellant challenging that dismissal. While the appeal was pending, this Court promulgated its decision in Mobil Philippines Exploration, Inc. v. Customs Arrastre Service (Dec. 17, 1966; 18 SCRA 1120), holding that the Bureau of Customs, in operating the arrastre service pursuant to legislative mandate and as incident to its governmental function, is immune from suit. Numerous subsequent decisions cited by the Court likewise reaffirmed governmental immunity.
Faced with the developing line of authority, the Supreme Court reviewed the dismissal and the applicable law, including the long-standing doctrine of sovereign immunity and the statutory remedy regime (notably Act No. 3083 and Commonwealth Act No....(Pro-only)
Issues:
- Is the Republic of the Philippines and the Bureau of Customs immune from suit in this action for non-delivery of goods?
- If so, does any statutory scheme provide a remedy or consent to suit that would permit recovery against the governme...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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