Search This Blog

Monday, December 30, 2019

Syquia vs Lopez - Constitutional Law

G.R. No. L-1648             August 17, 1949
PEDRO SYQUIA, GONZALO SYQUIA, and LEOPOLDO SYQUIA, petitioners,
vs.
NATIVIDAD ALMEDA LOPEZ, Judge of Municipal Court of Manila, CONRADO V. SANCHEZ, Judge of Court of First Instance of Manila, GEORGE F. MOORE, ET AL., respondents.


Ponente:
MONTEMAYOR, J.

Action:
Petition for a writ of mandamus seeking to order the Municipal Court of Manila to take jurisdiction over the case

Facts:
Petitioners Pedro, Gonzalo and Leopoldo Syquia are joint owners of properties in Manila. In 1945, they executed contracts for lease of their apartments to USA, with the term being until the war has ended and six months after, or unless terminated sooner by USA. When Japan surrendered on September 2, 1945, the lease would be terminated six months after. The petitioners approached the predecessors of Moore and Tillman and requested the buildings to be returned to them. However, they were advised that the US Army wanted to continue their occupancy of the buildings and advised that they will vacate the premises before February 1, 1947. Petitioner sued before the Municipal Court of Manila with the demand to get the properties and furthermore asked for increased rentals until the premises were vacated. Respondent moved to dismiss the suit for lack of jurisdiction on the part of the court. The MC of Manila granted the motion to dismiss the suit, sustained by the CFI of Manila, hence the petition for certiorari.

Issues:
Whether the Philippine Courts have a lack of jurisdiction, considering, under the doctrine of Sovereign Immunity, that USA has not given their consent to be a respondent.

Ruling:
In conclusion we find that the Municipal Court of Manila committed no error in dismissing the case for lack of jurisdiction. Case dismissed, without pronouncement as to costs.

Ratio Decidendi:
The real party defendant in interest is the Government of the United States of America; that any judgment for back or increased rentals or damages will have to be paid not by defendants but by the said U.S. Government. It is clear that the courts of the Philippines including the Municipal Court of Manila have no jurisdiction over the present case for unlawful detainer. The U. S. Government has not given its consent to the filing of this suit which is essentially against her, though not in name.

No comments:

Post a Comment

Doctrine of State Immunity - Constitutional Law

ARTICLE XVI, Section 3 of the Constitution – The state may not be sued without its consent ·      “A sovereign is exempt from suit, ...