14 Dec 1973
RE THE PHILIPPINE ADMIRAL
- Citation
- RE THE PHILIPPINE ADMIRAL
- Court
- Court of First Instance
- Case number
- HCAJ139/1973
The court found the Reparations Commission (an organ of the Philippines) was the registered owner and had an immediate contractual right to repossess the ship under the conditional sale; that evidence satisfied the threshold that the sovereign's claim was not illusory; therefore sovereign immunity attached and the court must decline to adjudicate conflicting proprietary rights, set aside the writ/proceedings and stay the action (applied also to related Admiralty Jurisdiction Nos.103,105,139).