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Baer vs. Tizon, et al.

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.

G.R. No. L-24294 | 1974-05-03

D E C I S I O N

FERNANDO, J:

There is nothing novel about the question raised in this certiorari proceeding against the then Judge Tito V. Tizon, filed by petitioner Donald Baer, then Commander of the United States Naval Base, Subic Bay, Olongapo, Zambales, seeking to nullify the orders of respondent Judge denying his motion to dismiss a complaint filed against him by the private respondent, Edgardo Gener, on the ground of sovereign immunity of a foreign power, his contention being that it was in effect a suit against the United States, which had not given its consent. The answer given is supplied by a number of cases coming from this...