Professional Documents
Culture Documents
Underhill v. Hernandez
Underhill v. Hernandez
Hernandez
[168 US 250, 1987, pg. 619]
TOPIC: Public International Law in the context of the
Philippine Constitution
PONENTE: Chief Justice Fuller
Facts: BACKGROUND
PETITIONER:
George F. Underhill was a citizen of the United States, who had constructed a waterworks system for the city of
Bolivar, under a contract with the government
He was engaged in supplying the place with water, and carrying on a machinery repair business
Some time after the entry of Gen. Hernandez, Underhill applied to him (as the officer in command) for a passport
to leave the city
Hernandez refused this request (did not say what the reason for refusal was)
On Oct. 18, a passport was finally given to him and Underhill left the country
Underhill brought an action to recover damages in the United States Court for the detention caused by the
refusal togranthimapassport,andfortheassaulthesufferedfromHernandezsarmy
RESPONDENT:
ThecasewastriedattheCircuitcourtoftheUnitedStatesfortheEasterndistrictofNewYorkwhereverdictwas
renderedinfavorofthedefendantHernandez,onthegroundthat'becausetheactsofdefendantwerethoseofa
militarycommander,representingadefactogovernmentintheprosecutionofawar,hewasnotcivillyresponsible
therefor.
Underhillappealedthejudgmenttothecircuitcourtofappealswherethejudgmentwasaffirmed
ThecircuitcourtofappealsheldthattheactsofthedefendantweretheactsofthegovernmentofVenezuela,
and as such are not properly the subject of adjudication in the courts of another government.'
(BASICALLYTHEDOCTRINE)
JUDGMENT IS AFFIRMED.
RATIO:
Hernandezs acts are acts of the Venezuelan government and cannot be subject to the adjudication of the United
States government and courts
As quoted from the case; Every sovereign state is bound to respect the independence of every other sovereign
state, and the courts of one country will not sit in judgment on the acts of the government of another, done within
its own territory. Redress of grievances by reason of such acts must be obtained through the means open to be
availed of by sovereign powers as between themselves.
The government and the courts of United States cannot pass judgment or subject Hernandez under their
adjudication because his acts are acts of the government of Venezuela
As a rule, each and every state must observe respect for the sovereignty of the other states especially in this case
where United States expressly recognized the new government
Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one
country will not sit in judgment on the acts of the government of another, done within its own territory. Redress of
grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers
as between themselves.
DISSENTING/CONCURRING OPINION(S):