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    PWI Co Vs Phil and BoC

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    jilliankad
    The Providence Washington Insurance Company appealed a lower court's dismissal of its suit against the Republic of the Philippines and the Bureau of Customs for the non-delivery of 30 cases of steel files that were insured. The Bureau of Customs operates the arrastre service for customs. The Supreme Court affirmed the dismissal, holding that the Bureau of Customs cannot be sued when acting as part of the national government pursuant to its legislative mandate and prime governmental functions, as there is no statute allowing it to be sued.

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    PWI Co Vs Phil and BoC

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    jilliankad
    44 views1 page
    The Providence Washington Insurance Company appealed a lower court's dismissal of its suit against the Republic of the Philippines and the Bureau of Customs for the non-delivery of 30 cases of steel files that were insured. The Bureau of Customs operates the arrastre service for customs. The Supreme Court affirmed the dismissal, holding that the Bureau of Customs cannot be sued when acting as part of the national government pursuant to its legislative mandate and prime governmental functions, as there is no statute allowing it to be sued.

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    PWI Co vs Phil and BoC

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    The Providence Washington Insurance Company appealed a lower court's dismissal of its suit against the Republic of the Philippines and the Bureau of Customs for the non-delivery of 30 cases of steel files that were insured. The Bureau of Customs operates the arrastre service for customs. The Supreme Court affirmed the dismissal, holding that the Bureau of Customs cannot be sued when acting as part of the national government pursuant to its legislative mandate and prime governmental functions, as there is no statute allowing it to be sued.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    44 views1 page

    PWI Co Vs Phil and BoC

    Uploaded by

    jilliankad
    The Providence Washington Insurance Company appealed a lower court's dismissal of its suit against the Republic of the Philippines and the Bureau of Customs for the non-delivery of 30 cases of steel files that were insured. The Bureau of Customs operates the arrastre service for customs. The Supreme Court affirmed the dismissal, holding that the Bureau of Customs cannot be sued when acting as part of the national government pursuant to its legislative mandate and prime governmental functions, as there is no statute allowing it to be sued.

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    of 1

    PROVIDENCE WASHINGTON INSURANCE CO., plaintiffappellant, vs.

    REPUBLIC OF THE PHILIPPINES and BUREAU


    OF CUSTOMS, defendants-appellees.
    No. L-26386. September 30, 1969.
    Ponente: Jojo Ma. Lacson
    Facts:
    This is an APPEAL from an order of dismissal of the Court
    of First Instance of Manila.
    Providence Washington Insurance Co, filed, on October 21, 1966, its
    brief as appellant against an order of the lower court dismissing its
    suit for the non-delivery of thirty cases of steel files, which cargo
    was insured by it against loss and damage, naming as defendants
    the Republic of the Philippines and the Bureau of Customs as the
    operator of the arrastre service, thus rendering unavoidable the
    invocation of the well-settled doctrine of non-suability of the
    government.
    Issue: Whether or not the Bureau of Customs can be sued.
    Held: The Bureau of Customs, acting as part of the machinery of the
    national government in the operation of the arrastre service,
    pursuant to express legislative mandate and as a necessary incident
    of its prime governmental function, is immune from suit, there being
    no statute to the contrary.
    WHEREFORE, the order of dismissal of the lower court of May 23,
    1966 is AFFIRMED. With costs against plaintiff-appellant.

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