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    Cabias, Dome - US v. Ruiz

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    Denz Christian Resentes
    The United States Navy invited bids for repair projects at its naval base in Subic Bay, Philippines. Eligio de Guzman land Co., Inc. submitted bids and received requests from the US to confirm pricing and provide bonding information, which the company took to mean its bids were accepted. However, the US Navy later informed the company that it was not awarded the contracts. The company filed suit against the US for specific performance. The Supreme Court held that the contracts were for the US naval base, which is devoted to the defense of both countries, and therefore involved governmental functions. As such, the US could invoke sovereign immunity from the suit. Under restrictive sovereign immunity, which is now the prevailing standard, a state can

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    Cabias, Dome - US v. Ruiz

    Uploaded by

    Denz Christian Resentes
    45 views2 pages
    The United States Navy invited bids for repair projects at its naval base in Subic Bay, Philippines. Eligio de Guzman land Co., Inc. submitted bids and received requests from the US to confirm pricing and provide bonding information, which the company took to mean its bids were accepted. However, the US Navy later informed the company that it was not awarded the contracts. The company filed suit against the US for specific performance. The Supreme Court held that the contracts were for the US naval base, which is devoted to the defense of both countries, and therefore involved governmental functions. As such, the US could invoke sovereign immunity from the suit. Under restrictive sovereign immunity, which is now the prevailing standard, a state can

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    The United States Navy invited bids for repair projects at its naval base in Subic Bay, Philippines. Eligio de Guzman land Co., Inc. submitted bids and received requests from the US to confirm pricing and provide bonding information, which the company took to mean its bids were accepted. However, the US Navy later informed the company that it was not awarded the contracts. The company filed suit against the US for specific performance. The Supreme Court held that the contracts were for the US naval base, which is devoted to the defense of both countries, and therefore involved governmental functions. As such, the US could invoke sovereign immunity from the suit. Under restrictive sovereign immunity, which is now the prevailing standard, a state can

    Copyright:

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

    Cabias, Dome - US v. Ruiz

    Uploaded by

    Denz Christian Resentes
    The United States Navy invited bids for repair projects at its naval base in Subic Bay, Philippines. Eligio de Guzman land Co., Inc. submitted bids and received requests from the US to confirm pricing and provide bonding information, which the company took to mean its bids were accepted. However, the US Navy later informed the company that it was not awarded the contracts. The company filed suit against the US for specific performance. The Supreme Court held that the contracts were for the US naval base, which is devoted to the defense of both countries, and therefore involved governmental functions. As such, the US could invoke sovereign immunity from the suit. Under restrictive sovereign immunity, which is now the prevailing standard, a state can

    Copyright:

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

    Public International Law


    Saturday; 1:00-4:00pm
    Atty. Irene Valones

    United States of America v. Hon. V.M. Ruiz


    136 SCRA 487 (1985)

    FACTS:

    This is a petition to review, set aside certain orders and restrain perpetually the proceedings
    done by Hon. Ruiz for lack of jurisdiction on the part of the trial court.

    The United States of America had a naval base in Subic, Zambales. The base was one of those
    provided in the Military Bases Agreement between the Philippines and the United States.
    Sometime in May, 1972, the United States invited the submission of bids for a couple of repair
    projects. Eligio de Guzman land Co., Inc. responded to the invitation and submitted bids.
    Subsequent thereto, the company received from the US two telegrams requesting it to confirm
    its price proposals and for the name of its bonding company. The company construed this as an
    acceptance of its offer so they complied with the requests. The company received a letter which
    was signed by William I. Collins of Department of the Navy of the United States, also one of the
    petitioners herein informing that the company did not qualify to receive an award for the projects
    because of its previous unsatisfactory performance rating in repairs, and that the projects were
    awarded to third parties. For this reason, a suit for specific performance was filed by him against
    the US.

    ISSUE:

    Whether or not the US naval base in bidding for said contracts exercise governmental functions
    to be able to invoke state immunity.

    HELD:

    Yes. The Supreme Court held that the contract relates to the exercise of its sovereign functions.
    In this case the projects are an integral part of the naval base which is devoted to the defense of
    both the United States and the Philippines, indisputably a function of the government of the
    highest order, they are not utilized for nor dedicated to commercial or business purposes.

    The restrictive application of state immunity is proper only when the proceedings arise out of
    commercial transactions of the foreign sovereign. Its commercial activities of economic affairs. A
    state may be descended to the level of an individual and can thus be deemed to have tacitly
    given its consent to be sued. Only when it enters into business contracts.

    Discussions:

    The traditional role of the state immunity exempts a state from being sued in the courts of
    another state without its consent or waiver. This rule is necessary consequence of the principle
    of independence and equality of states. However, the rules of international law are not petrified;
    they are continually and evolving and because the activities of states have multiplied. It has
    been necessary to distinguish them between sovereign and governmental acts (jure imperii) and
    private, commercial and proprietary acts (juregestionis). The result is that State immunity now
    extends only to acts jure imperil. The restrictive application of State immunity is now the rule in
    the United States, the United Kingdom and other states in western Europe.

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