Providence Washington Insurance Co. vs.

Republic
GR. No. 98382 | 1993, May 17
Petitioner: Providence Washington Insurance Co
Respondent: Republic of the Philippines
Bureau of Customs
FERNANDO, J.

Facts:
Petitioner filed on October 21 1966 to appeal the decision CFI of Manila on the case of
suit for the non-delivery of thirty cases of steel files, which was insured against loss and damage,
the State and BoC as the operator of the arrastre service the lower court dismissed the case since
the state cannot be sued without its consent.

Issue:
1. Whether or not the state be sued.

Ratio:
NO. The doctrine of non-suability thus holds undisputed sway. For a suit of this character
to prosper, there must be a showing of consent either in express terms or by implication through
the one of statutory language too plain to be misinterpreted. Whatever difficulties for private
claimants may still exist, is, from an objective appraisal of all factors, minimal. In the balancing
of interests, so unavoidable in the determination of what principles must prevail if government is
to satisfy the public weal, the verdict must be, as it has been these so many years, for its
continuing recognition as a fundamental postulate of constitutional law.

Decision/ Ruling:
WHEREFORE, the order of dismissal of the lower court of May 23, 1966 is affirmed. With costs
against plaintiff appellant.