Mobil Philippines Exploration vs Customs Arrastre Service Case Digest
Facts
Only three out of four expected cases of the rotary drill were delivered to Mobil Philippines Exploration Inc, After its arrival in Manila, it was discharged to the custody of the Customs Arrastre Service, a unit of the Bureau of Customs then handling arrastre operations therein.
The plaintiff filed a suit at the Court of First Instance of Manila against CAS and the BuCom s to recover the value of the undelivered case in the amount of Php 18, 493.37 plus other damages. The Court dismiss the case on the ground that not being persons under the law, defendants cannot be sued.
Issue
Is the CFU covert in its decision of dismissing the case on the ground of the defendant’s non-suability?
Ruling
By authorizing the Bureau of Customs to engage in arrastre service, the law thereby impliedly authorizes to be sued as arrastre operator, because the nature of this function is proprietary, not governmental.
BOC is an entity authorized by law to be sued. The order of CFIs dismissal is hereby affirmed.
Mobil Philippines Exploration vs Customs Arrastre Service Case Digest
