United States vs Judge Rodolfo Rodrigo

G.R. No. 79470 – 261 Phil. 777 – 182 SCRA 644 – Political Law – Constitutional Law – State Immunity From Suit – Waiver of Immunity – Waiver by entering into a commercial contract

Consolidated with US vs Guinto

Fabian Genove was a cook at the US Air Force Recreation Center, Camp John Hay, Baguio City. In 1986, it was found that he poured urine in some food material used for cooking. As a result, he was fired. He sued the manager of the USAF Recreation Center (Anthony Lamachia) for damages. The US invoked immunity and moved for the dismissal of the case. Judge Rodolfo Rodrigo denied the motion.

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

HELD: No. The restaurant service is a commercial enterprise. The restaurant collects fees from its customers who are mostly American servicemen. The restaurant service is not exclusive to American servicemen. All persons availing themselves of this facility pay for the privilege like all other customers as in ordinary restaurants. Although the prices are concededly reasonable and relatively low, such services are undoubtedly operated for profit, as a commercial and not a governmental activity.

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