Title
The Holy See vs. Rosario, Jr.
Case
G.R. No. 101949
Decision Date
Dec 1, 1994
The Holy See invoked sovereign immunity in a land sale dispute with Starbright, claiming its actions were diplomatic, not commercial. The Supreme Court upheld immunity, dismissing the case.

Case Digest (G.R. No. 147678-87)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioner: The Holy See, sovereign over Vatican City, represented in the Philippines by the Papal Nuncio.
    • Private Respondent: Starbright Sales Enterprises, Inc., domestic real estate corporation.
    • Other Defendants: Msgr. Domingo A. Cirilos, Jr. (agent), Philippine Realty Corporation (PRC), Tropicana Properties and Development Corporation.
  • Real Estate Transactions
    • On April 17, 1988, the Holy See and PRC, through Msgr. Cirilos, agreed to sell three contiguous lots (5-A, 5-B, 5-D) in Parañaque to Ramon Licup at ₱1,240/m², subject to ₱100,000 earnest money and eviction of squatters.
    • Licup paid the earnest money, then assigned his rights to Starbright, which demanded eviction; sellers proposed either buyer to evict or return earnest money.
    • Sellers returned the ₱100,000 and insisted on full cash payment; before payment, on March 30, 1989, the Holy See and PRC sold the lots to Tropicana without notice to Starbright.
  • Trial Court Proceedings and Petition
    • January 23, 1990: Starbright filed Civil Case No. 90-183 for annulment of sale to Tropicana, reconveyance, specific performance and damages (P30 million).
    • June 8, 1990: The Holy See moved to dismiss for lack of jurisdiction (sovereign immunity); Msgr. Cirilos moved to dismiss as improper party.
    • June 20, 1991 & September 19, 1991: RTC Branch 61 denied the motions to dismiss and for reconsideration, finding the Holy See “shed off sovereign immunity” by contract.
    • December 1, 1994: The Holy See filed a petition for certiorari under Rule 65 to annul the RTC orders.
  • Intervention of the Department of Foreign Affairs
    • December 9, 1991: DFA moved to intervene and adopt the Holy See’s immunity arguments; its certification affirmed the Holy See’s diplomatic immunity from local jurisdiction.
    • Both sides and DFA filed memoranda as directed by the Supreme Court.

Issues:

  • Procedural Issues
    • Whether certiorari under Rule 65 is available to review the RTC’s order denying the motion to dismiss.
    • Whether the DFA has legal interest to intervene on behalf of the Holy See.
  • Substantive Issue
    • Whether the Holy See enjoys sovereign and diplomatic immunity from suit in Philippine courts for the sale of Lot 5-A, or whether by entering into the contract it waived immunity (i.e., whether the act is jure imperii or jure gestionis).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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