EN BANC
[G.R. No. L-25476. November 15, 1967.]
AMERICAN INSURANCE COMPANY, Plaintiff-Appellant, v. REPUBLIC OF THE PHILIPPINES AND BUREAU OF CUSTOMS, Defendants-Appellees.
Quasha, Asperilla & Associates, for Plaintiff-Appellant.
Solicitor General for Defendants-Appellees.
SYLLABUS
1. ARRASTRE SERVICE; NATURE THEREOF; IMMUNITY OF BUREAU OF CUSTOMS FROM SUIT. — The Bureau of Customs, in carrying out the arrastre service, does so only as an incident to a prime governmental function - that of assessing and collecting revenues from imported articles and all other tariff and customs duties, fees, charges, fines and penalties. Such operations, therefore, do not render the Republic or its agencies involved, subject to suit without its consent (Mobil Philippines Exploration v. Customs Arrastre Service, L-23139, Dec. 17, 1966).
D E C I S I O N
BENGZON, J.P., J.:
On September 17, 1964, the City Court of Manila ordered the Republic of the Philippines and the Bureau of Customs to pay the American Insurance Company 1 P3.243.23. with legal interest for the failure of the Bureau of Customs to deliver to consignee San Miguel Brewery, in whose place the insurance company had been subrogated, the cargo of one (1) case of steel transmission chains imported from England and delivered into the custody of the Bureau of Customs by SS "Demodocus." On appeal, the Court of First Instance of Manila, sustaining the defense of the appellants, dismissed the case on the ground that the Bureau of Customs has no juridical capacity to sue or be sued and as regards the Republic of the Philippines, that it may not be sued without its consent. Hence, the American Insurance Company has appealed directly to Us on this point of law.cralawnad
The Bureau of Customs, in carrying out the arrastre service does so only as an incident to a prime governmental function — that of assessing and collecting revenues from imported articles and all other tariff and customs duties, fees, charges, fines and penalties. Such operations. therefore, do not render the Republic or its agencies involved, subject to suit without its consent (Mobil Philippines Exploration v. Customs Arrastre Service, L-23139, December 17, 1966).
WHEREFORE, the judgment appealed from is hereby affirmed without costs. So ordered.
Concepcion, C.J., Reyes, J .B.L., Makalintal, Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.
The Bureau of Customs, in carrying out the arrastre service does so only as an incident to a prime governmental function — that of assessing and collecting revenues from imported articles and all other tariff and customs duties, fees, charges, fines and penalties. Such operations. therefore, do not render the Republic or its agencies involved, subject to suit without its consent (Mobil Philippines Exploration v. Customs Arrastre Service, L-23139, December 17, 1966).
WHEREFORE, the judgment appealed from is hereby affirmed without costs. So ordered.
Concepcion, C.J., Reyes, J .B.L., Makalintal, Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.
Endnotes:
1. A New Jersey Corporation licensed to do business in the Philippines.
