BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


USA v. Reyes, GR No. 79233 (1993)

6/15/2020

0 Comments

 

ISSUE:  Whether or not Bradford enjoys state immunity 

FACTS: 
Nelia T. Montoya, an American citizen employed as an identification checker at the U.S. Navy Exchange (NEX) at the Joint United States Military Assistance Group (JUSMAG) headquarters in Quezon City, filed a complaint against Maxine Bradford, also an American citizen working as a manager at JUSMAG Headquarter’s activity exchange, for damages due to the oppressive and discriminatory acts committed by the latter in excess of her authority as store manager of the NEX JUSMAG. This was due to the incident on January 22, 1987 when Bradford searched Montoya’s body and belongings while the latter was already in the parking area after buying some items NEX JUSMAG’s retail store, where she had purchasing privileges. Bradford then invoked his non-suability on the ground of state immunity. 

DECISION: 
No, Bradford does not enjoy state immunity. 

RATIO DECIDENDI: 
The rule that a state may not be sued without its consent is expressly declared in the Constitution. It also applies to complaints filed against officials of the state for acts allegedly performed by them in the discharge of its duties. However, it is a different matter where the public official is made to account in his capacity as such for acts contrary to law and injurious to the rights of plaintiff. In other words, the doctrine of immunity from suit will not apply and may not be invoked where the public official is being sued in his private and personal capacity as an ordinary citizen. Here, Bradford acted beyond his authority when he searched Montoya in the parking lot, that is, outside of NEX JUSMAG. Hence, he may be sued in his private and personal capacity. 
0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES