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[G.R. No. 152318.� July 11, 2005]
GTZ vs. SANTOS
SECOND DIVISION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated JUL 11 2005.
G.R. No. 152318 (Deutshce Gesellschaft Fur Technische Zusammenarbeit; also known as German Agency for Technical Cooperation (GTZ), Hans Peter Paulenz and Anne Nicolay vs. Hon. Court of Appeals, Hon. Ariel Cadiente Santos, Labor Arbiter of the Arbitration Branch, National Labor Relations Commission, and Bernadette Carmela Magtaas, Carolina Dionco, Christopher Ramos, Melvin dela Paz, Randy Tamayo and Edgardo Ramillo.)
One of the issues involved in the present petition concerns the tenability of petitioner GTZ defense of immunity from suit, taking off from the principle that a foreign State and its instrumentalities are insusceptible to suit in the jurisdiction of the host State.
The Office of the Solicitor General (OSG), representing the public respondent, filed a Manifestation and Motion dated 2 May 2002, praying that it be excused from filing comment and further participating in the case on the grounds that public respondent Court of Appeals should not have been impleaded in view of Section 4, Rule 45 of the 1997 Rules of Civil Procedure; that no government interest is involved in the controversy since the issues raised are matters which are best left to the private respondents to address; and that it had not participated in the proceedings before the Court of Appeals. [1] cralaw Said Manifestation and Motion was noted and granted in a resolution dated 26 June 2002. [2] cralaw
However, after a careful consideration of the petition, the Court is convinced that the participation of the OSG should be sought. In raising the defense of immunity from suit, petitioner GTZ alleges that it is the implementing agency of the Government of the Federal Republic of Germany in a German Technical Cooperation Project pursuant to a bilateral agreement between the Federal Republic of Germany and the Republic of the Philippines, and that to promote the project jointly with the Republic of the Philippines, private respondents were employed as a support group by petitioner GTZ. The insights of the OSG on the aforementioned Project and the bilateral agreement and its position on petitioners' claim of immunity from suit should prove useful.
WHEREFORE, the Court RESOLVES to require the Office of the Solicitor General to file its COMMENT on the petition within fifteen (15) days from receipt of this resolution. The Division Clerk of Court is DIRECTED to FURNISH the Office of the Solicitor General with copies of the petition, other pleadings and relevant issuances in this case, together with a copy of this resolution.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] cralaw Rollo, pp. 259-261.
[2] cralaw Id. at 292-293.
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