14 Dec 1973
RE THE PHILIPPINE ADMIRAL
- Citation
- RE THE PHILIPPINE ADMIRAL
- Court
- Court of First Instance
- Case number
- HCAJ103/1973
The court held that the Republic of the Philippines, through the Reparations Commission, was the registered owner and possessed an immediate contractual right to possession of the ship under the conditional sale; that evidence was sufficient to show the claim was not illusory or manifestly defective; therefore sovereign immunity applied and the proceedings (brought by way of arrest and proposed sale) must be set aside/stayed as to the Republic of the Philippines; no special exception was recognized for state-owned vessels employed in ordinary commercial trading in these circumstances.