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    Plied To Consent When The State,: Notes

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    Louise Bolivar Dadivas
    The plaintiff filed a claim against the Philippine Alien Property Administrator to recover four parcels of land that were previously owned by the plaintiff's mother but were seized and transferred to the Japanese national Kagawa during the war. The court dismissed the complaint based on the doctrine of immunity of the state from suit. However, the Supreme Court ruled that (1) the suit should not be entirely dismissed as the plaintiff has the right under US law to establish his claim to the vested property, and (2) while damages cannot be claimed for use of the vested property, immunity cannot be invoked as the state merely resisted the plaintiff's claim based on its privileged position rather than initiating action itself.

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    Plied To Consent When The State,: Notes

    Uploaded by

    Louise Bolivar Dadivas
    747 views2 pages
    The plaintiff filed a claim against the Philippine Alien Property Administrator to recover four parcels of land that were previously owned by the plaintiff's mother but were seized and transferred to the Japanese national Kagawa during the war. The court dismissed the complaint based on the doctrine of immunity of the state from suit. However, the Supreme Court ruled that (1) the suit should not be entirely dismissed as the plaintiff has the right under US law to establish his claim to the vested property, and (2) while damages cannot be claimed for use of the vested property, immunity cannot be invoked as the state merely resisted the plaintiff's claim based on its privileged position rather than initiating action itself.

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    CONSTI

    Original Title

    Lim vs. Brownell

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    The plaintiff filed a claim against the Philippine Alien Property Administrator to recover four parcels of land that were previously owned by the plaintiff's mother but were seized and transferred to the Japanese national Kagawa during the war. The court dismissed the complaint based on the doctrine of immunity of the state from suit. However, the Supreme Court ruled that (1) the suit should not be entirely dismissed as the plaintiff has the right under US law to establish his claim to the vested property, and (2) while damages cannot be claimed for use of the vested property, immunity cannot be invoked as the state merely resisted the plaintiff's claim based on its privileged position rather than initiating action itself.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    747 views2 pages

    Plied To Consent When The State,: Notes

    Uploaded by

    Louise Bolivar Dadivas
    The plaintiff filed a claim against the Philippine Alien Property Administrator to recover four parcels of land that were previously owned by the plaintiff's mother but were seized and transferred to the Japanese national Kagawa during the war. The court dismissed the complaint based on the doctrine of immunity of the state from suit. However, the Supreme Court ruled that (1) the suit should not be entirely dismissed as the plaintiff has the right under US law to establish his claim to the vested property, and (2) while damages cannot be claimed for use of the vested property, immunity cannot be invoked as the state merely resisted the plaintiff's claim based on its privileged position rather than initiating action itself.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Lim vs.

    Brownell AUTHOR: Dadivas


    Notes:
    G.R. No. Date: G.R. No. L-8587 March 24, 1960

    TOPIC: Implied Consent

    GUTIERREZ DAVID, J.:


    CASE LAW/ DOCTRINE:
    There Is no implied to consent when the State, as one of the defendants, merely resisted a claim against it
    precisely on the ground of its privileged position which exempts it from suit.
    FACTS:

    1. The property in dispute consists of four parcels of land situated in Tondo, City of Manila. The lands were
    found by the Alien Property Custodian of the United States to be registered in the name of Asaichi Kagawa,
    national of an enemy country, Japan. (After the last world war)
    2. Alien Property Custodian issued a vesting order on the authority of the Trading with the Enemy Act of the
    United States vesting in himself the ownership over two lots.
    3. The Philippine Alien Property Administrator issued a supplemental vesting order vesting in himself title to the
    remaining lots.
    4. The Philippine Alien Property Administrator executed two formal agreements to transfer all the said four lots
    to the Republic of the Philippines upon the latter's undertaking fully to indemnify the United States for all
    claims in relation to the property transferred.
    5. Benito E. Lim (administrator of his mothers estate) filed a formal notice of claim to the property with the
    Philippine Alien Property Administrator. He alleged that the lots were once the property of Arsenia Enriquez
    (his mother.
    6. They were mortgaged by her to the Mercantile Bank of China, that the mortgage having been foreclosed, the
    property was sold at public auction during the war to the Japanese Asaichi Kagawa, who, by means of threat
    and intimidation succeeded in preventing Arsenia Enriquez from exercising her right of redemption; and that
    Kagawa never acquired any valid title to the property because he was ineligible under the Constitution to
    acquire residential land in the Philippines by reason of alien age.
    7. Benito Lim filed a claim in CFI against the Philippine Alien Property Administrator (recover the property and
    damages/rents over the said land). The Republic of the Philippines intervened in the suit.
    8. The complaint was dismissed: applying the rule that foreign state or its government cannot be sued without
    its consent.

    ISSUE(S):
    1. W/N the suit should be dismissed based on the doctrine of immunity from suit? It should not be entirely
    dismissed!

    HELD/RATIO:
    The immunity of the state from suit cannot be invoked where the action is instituted by a person who is
    neither an enemy nor ally of an enemy for the purpose of establishing his right, title or interest in vested
    property, and of recovering his ownership and possession. Congressional consent to such suit has
    expressly been given by the United States. (Right to sue for claims over the lands was granted by law)
    As to the damages: The relief available to a person claiming enemy property which has been vested by
    the Philippines Alien Property Custodian is limited to those expressly provided for in the Trading with the
    Enemy Act, which does not include a suit for damages for the use of such vested property.
    Damages against the intervenor, Republic of the Philippines: Plaintiff argues that by its
    intervention, the Republic of the Philippines, in effect, waived its right of non-suability, but it will be
    remembered that the Republic intervened in the case merely to unite with the defendant Attorney General
    of the United States in resisting plaintiff's claims, and for that reason asked no affirmative relief against
    any party in the answer in intervention it filed.
    This is not a case where the state takes the initiative in an action against a private party by filing a complaint
    in intervention, thereby surrendering its privileged position and coming down to the level of the defendant.
    This is a case where the state, as one of the defendants merely resisted a claim against it precisely on the
    ground of its privileged position which exempts it from suit.

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