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    Political Immunityfromsuit

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    Tenshi Fukui
    Customs seized imported goods intended for Christmas in late 2012 and released them in January 2013. Importers sued Customs for damages. Customs claimed immunity from suit and alternatively blamed delays on a contractor who failed to deliver all contracted cranes on time despite being paid.

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    Political Immunityfromsuit

    Uploaded by

    Tenshi Fukui
    13 views1 page
    Customs seized imported goods intended for Christmas in late 2012 and released them in January 2013. Importers sued Customs for damages. Customs claimed immunity from suit and alternatively blamed delays on a contractor who failed to deliver all contracted cranes on time despite being paid.

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    Political Law Immunity from Suit Notes

    Original Title

    political_immunityfromsuit

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    Customs seized imported goods intended for Christmas in late 2012 and released them in January 2013. Importers sued Customs for damages. Customs claimed immunity from suit and alternatively blamed delays on a contractor who failed to deliver all contracted cranes on time despite being paid.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    13 views1 page

    Political Immunityfromsuit

    Uploaded by

    Tenshi Fukui
    Customs seized imported goods intended for Christmas in late 2012 and released them in January 2013. Importers sued Customs for damages. Customs claimed immunity from suit and alternatively blamed delays on a contractor who failed to deliver all contracted cranes on time despite being paid.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    You are on page 1of 1

    In the last quarter of 2012, about 5,000 container

    vans of imported goods intended for the Christmas


    Season were seized by agents of the Bureau of Customs.
    The imported goods were released only on January 10,
    2013. A group of importers got together and filed
    an action for damages before the Regional Trial
    Court of Manila against the Department of Finance
    and the Bureau of Customs. The Bureau of Customs
    raised the defense of immunity from suit and,
    alternatively, that liability should lie with
    XYZ Corp. which the Bureau had contracted for the
    lease of ten (10) high powered van cranes but delivered
    only five (5) of these cranes, thus causing the delay
    in its cargo-handling operations. It appears that the Bureau,
    despite demand, did not pay XYZ Corp. the Php 1.0 Million
    deposit and advance rental required under their
    contract.

    (A) Will the action by the group of importers prosper? (5%)


    (B) Can XYZ Corp. sue the Bureau of Customs to collect
    rentals for the delivered cranes? (5'%)

    A) No. The general rule is the State cannot be sued


    without its consent (Sec 3, Art XVI). There can be no
    legal right as against the authority that makes the laws
    on which the right depends. [Kawananakoa v.
    Polyblank 205 US 349] also called the doctrine of Royal
    Prerogative of Dishonesty

    The Bureau of Customs is a government agency


    which can invoke immunity from suit.

    B) Yes, one of the exceptions to the State's


    immunity from suit is when it enters into a
    business contract or itself commences litigation.

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