The Holy See vs. Rosario, Jr. G.R. No.

101949q 01 December 1994

Petitioner: Holy See
Respondent: Hon. Eriberto U. Rosario, JR., as Presiding Judge of the Regional Trial Court of
Makati, Branch 61 and STARBRIGHT SALES ENTERPRISES, INC.

Facts:
The Holy See filed a petition for certiorari over the Civil Case No. 90-183 and to invoke its
immunity to waiver the complaint for the civil case.
The petition arose from a controversy over a parcel of land. The said lot was contiguous
with two other lots. The land was donated by the Archdiocese of Manila to the Papal Nuncio
(which represents the Holy See who exercises sovereignty over the Vatican City in Rome, Italy)
for its residence. The lots were sold to Ramon Licup, including the lot for the Papal Nuncio, since
the squatters would not evacuate the lands and the land isnt suitable anymore for the
construction of the Papal Nuncios residence. Ramon Licup gave his rights over the lots to
Starbright Sales Enterprises, Inc. Starbright filed a complaint for the annulment of the sale of the
3 parcels of land, and specific performance and damages against the petitioner and 3 other
defendants, under the Civil Case No. 90-183.
In June 20, 1991, the trial court issued an order denying the motion to dismiss after finding
that petitioner shed off [its] foreign immunity by entering into business contract in question.
The petitioners action was declared jure gestionis.

Issue:
1) Whether or not the Holy See entered into commercial transaction. 2) Whether the Holy
See can invoke the doctrine of immunity.

Held:
The Holy See wanted to dispose the parcel of land donated by the Archdiocese of Manila
because the squatters refused to leave the land and the land cant be used for its purpose. The
Holy Sees act was in pursuit for its sovereign activity and was not undertaken for gain or profit,
therefore, the act was jure imperii.
In Article 31 (a) of the 1961 Vienna convention on Diplomatic Relations, a diplomatic
envoy is granted immunity from the civil and administrative jurisdiction of the receiving state
over any real action relating to private immovable property situated in the territory of the
receiving state which the envoy holds in behalf of the sending state for the purposes of the
mission. The Holy See can invoke the doctrine of immunity over the Civil Case No. 90-183.
The petition for certiorari was GRANTED, and the complaint in Civil Case No. 90-183
against the petitioner was DISMISSED.

Principles:

Article 31(a) of 1961 Vienna Convention on Diplomatic Relations

Articles 20-22 of 1961 Vienna Convention on Diplomatic Relations
Lateran Treaty