Professional Documents
Culture Documents
Case Digest 101: Atty. Arlene Q. Alangco Professor, Unc College of Law
Case Digest 101: Atty. Arlene Q. Alangco Professor, Unc College of Law
Digest
101
ATTY. ARLENE Q. ALANGCO
PROFESSOR, UNC COLLEGE OF LAW
• Written summary of the case
Case Digest: • Some cases are too long and some are short
The new Minister Counsellor allegedly found respondent's work and services unsatisfactory and not in
compliance with the standards set in the Agreement. The respondent terminated the agreement with the
respondent. The latter claim that it was unlawful and arbitrary. Respondent filed a Motion to Dismiss
alleging that the Republic of Indonesia, as a foreign state, has sovereign immunity from suit and cannot
be sued as party-defendant in the Philippines.
03
ISSUE
Whether or not the CA erred in sustaining the trial court's
decision that petitioners have waived their immunity from suit by
using as its basis the provision in the Maintenance Agreement
04
RULING
The mere entering into a contract by a foreign state with a private party cannot be construed as the
ultimate test of whether or not it is an act juri imperii or juri gestionis. Such act is only the start of the
inquiry. There is no dispute that the establishment of a diplomatic mission is an act juri imperii. The state
may enter into contracts with private entities to maintain the premises, furnishings and equipment of the
embassy. The Republic of Indonesia is acting in pursuit of a sovereign activity when it entered into a
contract with the respondent. The maintenance agreement was entered into by the Republic of Indonesia
in the discharge of its governmental functions. It cannot be deemed to have waived its immunity from
suit.
THANK
YOU
References
https://philippinecasedigests.blogspot.com/
https://letstalkaboutthelaw.blogspot.com/2015/04/lets-digest-
guide-on-how-to-digest-case.html
http://diorysdiction.yolasite.com/diory-and-her-diction/how-
to-write-a-case-digest