Title
Caltex , Inc. vs. Customs Arrastre Service
Case
G.R. No. L-26994
Decision Date
Nov 28, 1969
Caltex sued Customs Arrastre Service for missing goods; Supreme Court ruled state immunity applies, dismissing the claim as arrastre service is a governmental function.

Case Summary (G.R. No. L-26994)

Facts of the Case

Caltex (Philippines), Inc., acting as consignee, initiated a claim on March 31, 1965, against the Customs Arrastre Service operated by the Bureau of Customs. The plaintiff sought recovery for the value of eleven packages of assorted goods, worth P10,682.66, alleged to have been lost while in the custody of the customs arrastre service at the Port of Manila. Subsequent deliveries reduced the disputed packages to three, valued at P795.67. The Court of First Instance ruled in favor of Caltex for the reduced amount plus legal interests, rejecting the defendants' plea of sovereign immunity.

Issue Presented

The central legal question was whether the Republic of the Philippines, acting through the Bureau of Customs in the operation of the customs arrastre service, could be sued for damages arising from the loss of goods under its custody, or whether it was immune from suit under the doctrine of State immunity.

Legal Doctrine on State Immunity

The Supreme Court reaffirmed the doctrine of sovereign immunity, which protects the State from being sued without its consent. This doctrine was already firmly established in the jurisprudence, notably in the Mobil Philippines Exploration, Inc. vs. Customs Arrastre Service case decided on December 17, 1966, and numerous subsequent rulings. Sovereign immunity applies notwithstanding the proprietary nature of the functions performed by the government entity, as long as such functions are incidental to a primary governmental function.

Governmental Versus Proprietary Functions

The Court emphasized that the Bureau of Customs is a governmental body under the Department of Finance, lacking separate legal personality from the national government. Its primary role is the assessment and collection of customs duties—a quintessential governmental function. The arrastre service, involving the handling and transfer of cargo at the port, while proprietary in form, is considered a necessary incident to the primary governmental duty of customs collection.

Implications of the Doctrine

Because the arrastre service is integral to the Bureau's governmental powers, engaging in this service does not constitute waiver of sovereign immunity. The government cannot be sued through the Bureau of Customs for acts committed in its arrastre operations unless there is explicit statutory consent. The Court further noted that claims against the government for money should be filed with the General Auditing Office under Commonwealth Act No. 327, which governs claims against the State.

Conclusion and Ruling

The Supreme Court reversed the decision of the Court of First Instance, dismissing Caltex's complaint for lack of jurisdiction due to sovereign immunity. The Court held that no waiver of immunity could be presumed from the Bureau's operation of the arrastre service, and thus, the Republic of the Phi

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