Baer vs. Tizon | G.R. No. L-24294 May 3, 1974

Question: 

(c) KI Media

If a Filipino was granted with a timber license, may he conduct his logging operations in a US Military Base where the US Commander refuses to grant him permission to do so? NO. 

DONALD BAER, Commander U.S. Naval Base, Subic Bay, Olongapo, Zambales, petitioner, 
vs.
HON. TITO V. TIZON, as Presiding Judge of the Court of First Instance of Bataan, and EDGARDO GENER, respondents.

Facts:

Edgardo Gener was engaged in the business of logging in an area situated in Barrio Mabayo, Bataan. His logging operations was, however, stopped by American Naval Base authorities - who were headed by Donald Baer, the Commander of the US Naval Base in Olongapo. 

Gener filed a complaint in the CFI [RTC] of Bataan praying for a writ of preliminary injunction with restraining order against Baer for interfering with his logging operations. 

Baer, on the otherhand, contested the jurisdiction of the CFI [RTC] of Bataan and invoked the doctrine of state immunity from suit. He claimed that cessation of the logging operations within the Naval Base is within the scope of his authority and official duty. Thus, a suit filed against him is one against a foreign sovereign. 

Issue:

Whether Baer may invoke the doctrine of state immunity, thus, he is outside the jurisdiction of the CFI [RTC] of Bataan?

Ruling:

Yes. Baer may validly invoke the doctrine of state immunity, thus, the suit against him will not prosper. 

What was sought by Gener and what was granted by the respondent Judge amounted to an interference with the performance of the duties of Baer in the base area in accordance with the powers possessed by him under the Philippine-American Military Bases Agreement. 

His point has been made clear, "Assuming, for purposes of argument, that the Philippine Government, through the Bureau of Forestry, possesses the "authority to issue a Timber License to cut logs" inside a military base, the Bases Agreement subjects the exercise of rights under a timber license issued by the Philippine Government to the exercise by the United States of its rights, power and authority of control within the bases; and the findings of the Mutual Defense Board, an agency of both the Philippine and United States Governments, that "continued logging operation by Mr. Gener within the boundaries of the U.S. Naval Base would not be consistent with the security and operation of the Base," is conclusive upon the respondent Judge.