United States vs Judge Eliodoro Guinto

G.R. No. 76607 – 261 Phil. 777 – 182 SCRA 644 – Political Law – Constitutional Law – State Immunity From Suit – Waiver of Immunity – Waiver by entering into a commercial contract

In 1986, the US Air Force stationed in Clark Air Base, Pampanga, through public bidding, solicited barbershop services. The winning bidder was Ramon Dizon. Several bidders questioned the result of the public bidding. They filed a suit against the US Air Force for the cancellation of the award to Dizon. The US invoked immunity and moved for the dismissal of the case. Judge Eliodoro Guinto denied the motion.

ISSUE: Whether or not the US is immune from suit in this case.

HELD: No. The contract in issue is a commercial contract. The barbershop concession agreement shows that the winning bidder collects fees for the haircut services. In fact, the services do not only include haircut but massages, shampooing, and others. The winning barbershop also remits a portion of the collection to the US Air Force.

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