DONALD BAER vs. HON. TITO T.

TIZON
G.R. No. L-24294,
3 May 1974, Second Division, Fernando, J.

FACTS

In 1962, private respondent Edgardo Gener (Gener) was issued by the Bureau of
Forestry a timber license to cut logs in Morong, Bataan. He commenced logging
operation inside the United States Naval Base, Subic Bay, but he was apprehended and
stopped by the Base authorities from logging inside. The renewal of his license expired
and has not been renewed by the Bureau of Forestry. As such, Gener filed a complaint
for injunction with the Court of First Instance (CFI) of Bataan against petitioner, Donald
Baer (Baer), the Commander of the United States Naval Base in Olongapo. He prayed
for a writ of preliminary injunction restraining Baer from interfering with his logging
operations.

Baer contested the jurisdiction of public respondent, CFI Judge Tito Tizon
(Tizon), on the ground that the suit was one against a foreign sovereign without its
consent. Baer filed a motion to dismiss and pointed out that he is the chief or head of an
agency or instrumentality of the United States of America, with the subject matter of the
action being official acts done by him for and in behalf of the United States of America.
He also claimed that in directing the cessation of logging operations by Gener, it was
entirely within the scope of his authority and official duty as Commander of the Base to
maintain security. However, Judge Tizon ruled in favor of Gener.

Hence, the petition.

ISSUE

Whether or not the doctrine of immunity from suit without consent is applicable

RULING

Yes.

The invocation of the doctrine of immunity from suit of a foreign state without its
consent is appropriate. It is well settled that a foreign army, permitted to march through
a friendly country or to be stationed in it, by permission of its government or sovereign,
is exempt from the civil and criminal jurisdiction of the place.
 In Parreno v. McGranery, "It is a widely accepted principle of international law,
which is made a part of the law of the land (Article II, Section 3 of the Constitution), that
a foreign state may not be brought to suit before the courts of another state or its own
courts without its consent."

The solidity of the stand of petitioner is therefore evident. What was sought by
private respondent and what was granted by respondent Judge amounted to an
interference with the performance of the duties of petitioner in the base area in
accordance with the powers possessed by him under the Philippine-American Military
Bases.

Petition granted.