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    Holy See vs. Rosario

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    Brent Dagbay
    The document discusses two court cases regarding sovereign immunity: Holy See vs. Rosario: The court ruled that the Holy See (Vatican) could invoke sovereign immunity for the sale of a property donated to it for the residence of the Papal Nuncio, as the transfer and disposal of the property was for a governmental rather than commercial purpose. Mendoza vs. DPWH: The court found that the DPWH, a government agency without separate legal personality, enjoyed sovereign immunity because its contracts for construction packages for the HADP were done in the exercise of governmental functions, so there was no implied waiver of immunity from entering contracts.

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    Holy See vs. Rosario

    Uploaded by

    Brent Dagbay
    20 views1 page
    The document discusses two court cases regarding sovereign immunity: Holy See vs. Rosario: The court ruled that the Holy See (Vatican) could invoke sovereign immunity for the sale of a property donated to it for the residence of the Papal Nuncio, as the transfer and disposal of the property was for a governmental rather than commercial purpose. Mendoza vs. DPWH: The court found that the DPWH, a government agency without separate legal personality, enjoyed sovereign immunity because its contracts for construction packages for the HADP were done in the exercise of governmental functions, so there was no implied waiver of immunity from entering contracts.

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    Sample Digests - revised.docx

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    The document discusses two court cases regarding sovereign immunity: Holy See vs. Rosario: The court ruled that the Holy See (Vatican) could invoke sovereign immunity for the sale of a property donated to it for the residence of the Papal Nuncio, as the transfer and disposal of the property was for a governmental rather than commercial purpose. Mendoza vs. DPWH: The court found that the DPWH, a government agency without separate legal personality, enjoyed sovereign immunity because its contracts for construction packages for the HADP were done in the exercise of governmental functions, so there was no implied waiver of immunity from entering contracts.

    Copyright:

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

    Holy See vs. Rosario

    Uploaded by

    Brent Dagbay
    The document discusses two court cases regarding sovereign immunity: Holy See vs. Rosario: The court ruled that the Holy See (Vatican) could invoke sovereign immunity for the sale of a property donated to it for the residence of the Papal Nuncio, as the transfer and disposal of the property was for a governmental rather than commercial purpose. Mendoza vs. DPWH: The court found that the DPWH, a government agency without separate legal personality, enjoyed sovereign immunity because its contracts for construction packages for the HADP were done in the exercise of governmental functions, so there was no implied waiver of immunity from entering contracts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Holy See vs.

    Rosario
    Under the Constitution, generally accepted principles of International Law are
    adopted by our Courts and shall form part of the laws of the land.
    Under the 1961 Vienna Convention on Diplomatic Relations, diplomatic
    envoy shall be granted immunity from civil and administrative jurisdiction of
    the receiving state over any real action relating to private immovable
    property. Embassy of Holy See was also accredited by the DFA as a
    diplomatic missionary.
    In this case, Holy See may properly invoke sovereign immunity for its nonsuability since the act of selling the subject lot is non-propriety in nature. The
    lot was acquired through a donation from the Archdiocese of Manila, not for a
    commercial purpose, but for the purpose of constructing the official place of
    residence of the Papal Nuncio thereof. The transfer of the property and its
    subsequent disposal are likewise clothed with a governmental (nonproprietal) character as petitioner sold the lot not for profit or gain rather
    because it merely cannot evict the squatters living in said property.

    Mendoza vs. DPWH


    DPWH is an unincorporated government agency without any separate
    juridical personality of its own and it enjoys immunity from suit because it is
    invested with an inherent power of sovereignty.
    The contracts that the DPWH entered into with Mendoza for the construction
    of Packages VI and IX of the HADP were done in the exercise of its
    governmental functions. Hence, petitioners cannot claim that there was an
    implied waiver by the DPWH simply by entering into a contract.

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