Case Digest

GR. No.
152318 Ruling:
GTZ versus Court of Appeals It is noted that it was imperative for
petitioners to secure from the Department of
Foreign Affairs "a certification of
FACTS: respondents' diplomatic status and
entitlement to diplomatic privileges including
On September 7, 1971, Federal immunity from suits.
Republic of the Germany and Republic of the
Philippines ratified an agreement concerning The requirement might not
technical co-operation in Bonn, capital of necessarily be imperative. However, had GTZ
West Germany back then. obtained such certification from the DFA, it
would have provided factual basis for its
The agreement affirmed to promote claim of immunity that would, at the very
a project called Social Health Insurance, least, establish a disputable evidentiary
Networking and Employment (SHINE) presumption that the foreign party is indeed
SHINE is designed to enable immune which the opposing party will have
Philippine families-especially poor ones to to overcome with its own factual evidence.
maintain their health and secure health care We do not see why GTZ could not
of sustainable quality. have secured such certification or
The Federal Republic of Germany endorsement from the DFA for purposes of
assigned the GTZ as the implementing this case. Certainly, it would have been
program, on the other hand, Republic of the highly prudential(sensible) for GTZ to obtain
Philippines designated the Department of the same after the Labor Arbiter had denied
Health and the Philippine Health Insurance the motion to dismiss.
Corporation. Still, even at this juncture, we do not
The private respondents this case, see any evidence that the DFA, the office of
employed under GTZ for the implementation the executive branch in charge of our
of the program, SHINE, in which it had diplomatic relations, has indeed endorsed
misunderstanding with the Project Manager GTZ's claim of immunity.
of SHINE. This misunderstanding leads to It may be possible that GTZ tried, but
exchanges of letters which interpreted to be failed to secure such certification, due to the
the resignation of the private respondents. same concerns that we have discussed
Then, took an action by filing a case for herein.
illegal dismissal to the labor Arbiter.
However, GTZ contends that they are
immune from suit since they are accredited
agency of the Federal Republic of Germany
for the project.
ISSUE:
Whether or not GTZ shall enjoy the
State immunity from suit.
G.R. No. 206484 present Constitutions.
DOTC vs. Sps. Abecina

But as the principle itself implies, the
doctrine of state immunity is not absolute.
The State may waive its cloak of immunity
FACTS: and the waiver may be made expressly or by
Respondents are registered owners implication.
of five parcels of land in Sitio Paltik, Barrio The Constitution identifies the
Sta. Rosa, Jose Panganiban, Camarines limitations to the awesome and near-limitless
Norte. powers of the State.
On dated February 1993, The Chief among these limitations are the
Department of Transportation and principles that no person shall be deprived of
Communication entered with the Digitel life, liberty, or property without due process
Telecommunication Philippines, Inc. a of law and that private property shall not be
contract for the management, operation, taken for public use without just
maintenance and development of a Regional compensation.(Bill of Rights)
Telecommunications Development under the
National Telephone Program. Consequently, our laws require that
the State's power of eminent domain shall be
Later, The Municipality of Jose exercised through expropriation proceedings
Panganiban, Camarines Sur donated 1200 in court. Whenever private property is taken
square meter parcel of land to DOTC for the for public use, it becomes the ministerial duty
implementation of RTDP, was included the of the concerned office or agency to initiate
portions of the respondent’s property in expropriation proceedings. By necessary
donation. implication, the filing of a complaint for
Sometime, the respondents expropriation is a waiver of State immunity.
discovered the occupation of the Digitel.
Then, they ordered to vacate the place and
pay damages. G.R. No. 106483
ISSUE: Callado vs. IRRI
Whether or not the DOTC shall enjoy

the State immunity from suit
ISSUE:
Ernesto Callado was employed as a
RULING: driver at the International Rice Research
Institute.
The State may not be sued without
its consent. This fundamental doctrine stems On dated February 11, 1990, while
from the principle that there can be no legal he was driving an IRRI vehicle on an official
right against the authority which makes the trip to the NAIA and back to IRRI, Petitioner
law on which the right depends. This figured in an accident.
generally accepted principle of law has been
However, the Petitioner was
explicitly expressed in both the 1973 and the
terminated after the Preliminary
Investigation conducted by the IRRI, The memorandum, issued by the
charging him (1) driving while under the former Director-General to a now-defunct
influence of liquor (2) Serious misconduct division of the IRRI, was meant for internal
for failure to report about the accident circulation and not as a pledge of waiver in
incurred by the vehicle. (3) Gross and all cases arising from dismissal of employees
habitual neglect of his duties.
Callado filed a complaint against

IRRI for Illegal Dismissal, illegal suspension G.R No. 155108
and indemnity pay with moral and Republic vs. Nolasco
exemplary damages and attorney’s fees at
Labor Arbiter.
Facts
However, IRRI instituted that the
institution enjoys state immunity from legal The funding for the Agno Rover Flood
process by virtue of Art. 3 PD No. 1620 also Control Project, a public works project, was
known as GRANTING TO THE to be derived primarily through a loan from
INTERNATIONAL RICE RESEARCH the Japan Bank for International Cooperation
INSTITUTE (IRRI) THE STATUS, (JBIC)
PREROGATIVES, PRIVILEGES AND
IMMUNITIES OF AN INTERNATIONAL DPWH constituted a Bid and Awards
ORGANIZATION. Committee (BAC) for the purpose of
conducting international competitive bidding
Hence, the Petitioner contended that for the procurement of the contract
the IRRI may not be invoked or waived the
virtue of its Memorandum. Among the 6 pre-qualified bidders are
present intervenors Daewoo and China
ISSUE: International
Nolasco, invoking his right as a

Whether or not IRRI can invoke immunity
from suit. taxpayer, prayed that the DPWH and BAC be
restrained from awarding the contract to
RULING: Daewoo and have Daewoo disqualified as a
bidder
IRRI’s immunity is undisputed.
He alleged having obtained copies of
"Confidential Reports from an Unnamed
Art. 3 of P.D. 1620 provides
DPWH Consultant"
“Immunity from Legal Process, except in so
far as that immunity has been expressly He said that based on the reports,
waived by the Director General of the Daewoo's bid was unacceptable and the
Institute or his authorized representative. putative award to Daewoo illegal, immoral,
and prejudicial to the government and the
The grant of immunity is clear and
Filipino taxpayers
express waiver by its director-general is the
only way by which it may relinquish or March 27, 2002: the RTC of Manila
abandon this immunity. dismissed Nolasco's petition
According to the RTC, it was a suit
against the State, which had been sued
without its consent
Meanwhile, BAC resolved to

recommend the award of the contract to
Daewoo as it has the lowers bid; DPWH
Secretary Datumanong the recommendation
Issue
Whether or not the petition was a suit
against the State without its consent
Ruling
Yes.
An unincorporated government
agency such as the DPWH is without any
separate juridical personality of its own and
hence enjoys immunity from suit.
It cannot be said that the DPWH was

deemed to have given its consent to be sued
by entering into a contract, for at the time
the petition was filed by Nolasco, the DPWH
had not yet entered into a contract with
respect to the project
The presumption is that the State and

its elements act correctly unless otherwise
proven.

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GR. No.

DOTC vs. Sps. Abecina

ISSUE: Callado vs. IRRI

Whether or not the DOTC shall enjoy

Callado filed a complaint against

Nolasco, invoking his right as a

Meanwhile, BAC resolved to

It cannot be said that the DPWH was

The presumption is that the State and

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