EN BANC
[G.R. No. L-25662. July 21, 1967.]
INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellant, v. REPUBLIC OF THE PHILIPPINES, Defendant-Appellee.
Quasha, Asperilla, Blanco, Zafra and Tayag, for Plaintiff-Appellant.
Solicitor General Antonio Barredo, Assistant Solicitor General P.P. Castro and Solicitor O.C . Fernandez, for Defendant-Appellee.
SYLLABUS
1. ARRASTRE SERVICE; BUREAU OF CUSTOMS IS IMMUNE FROM SUIT. — The Bureau of Customs is part of the governmental machinery and operated the arrastre service as an incident of a prime governmental function. As such, it is immune from suit (Mobil Philippines Exploration, Inc., v. Customs Arrastre Service and Bureau of Customs, L-23139, Dec. 17, 1966).
D E C I S I O N
BENGZON, J.P., J.:
On May 10, 1963, two (2) boxes of truck spare parts were discharged in good order condition by the SS "Granville" into the custody of the Bureau of Customs, the then operator of the arrastre service. Of the two boxes, only one was delivered by the Bureau of Customs to the consignee. The Insurance Company of North America, as insurer of the cargo, paid the consignee P3,634.16, for the loss of the one box. As subrogee of the consignee, the Insurance Company of North America filed before the City Court of Manila a complaint against the Republic of the Philippines and the Bureau of Customs for the recovery of the amount paid by it. Recovery was granted. Upon appeal, the Court of First Instance of Manila reversed the city court and dismissed the complaint for the reason that the suit is really one against the Republic of the Philippines which may not be sued without its consent, because the Bureau of Customs is but a mere agency of the Republic and has no capacity to sue or be sued.
Insisting on the suability of the Republic of the Philippines, as arrastre operator through the Bureau of Customs, the Insurance Company of North America appealed to Us.
We have settled this matter squarely before. The Bureau of Customs is part of the governmental machinery and operated the arrastre service as an incident of a prime governmental function. As such, it is immune from suit. * With this consideration, We find it superfluous to discuss the other matters advanced by the Appellant.
Wherefore, the decision appealed from is affirmed. No costs. So ordered.
Reyes, J .B.L., Makalintal, Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.
Concepcion, C.J. and Dizon, J., are on official leave.
Insisting on the suability of the Republic of the Philippines, as arrastre operator through the Bureau of Customs, the Insurance Company of North America appealed to Us.
We have settled this matter squarely before. The Bureau of Customs is part of the governmental machinery and operated the arrastre service as an incident of a prime governmental function. As such, it is immune from suit. * With this consideration, We find it superfluous to discuss the other matters advanced by the Appellant.
Wherefore, the decision appealed from is affirmed. No costs. So ordered.
Reyes, J .B.L., Makalintal, Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.
Concepcion, C.J. and Dizon, J., are on official leave.
Endnotes:
* Mobil Philippine Exploration, Inc. v. Customs Arrastre Service and Bureau of Customs, L-23139, Dec. 17, 1966.
