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JUSMAG PHILIPPINES v. NLRC SECOND DIVISION)

This case has been cited 4 times or more.

	GR No. 212426 2016-01-12	SAGUISAG v. EXECUTIVE SECRETARY OCHOA SERENO, C.J.
At times, though, operational control can mean something slightly different. In JUSMAG Philippines v. National Labor Relations Commission, the Memorandum of Agreement between the AFP and JUSMAG Philippines defined the term as follows:[384]
	GR No. 206510 2014-09-16	MOST REV. PEDRO D. ARIGO v. SCOTT H. SWIFT VILLARAMA, JR., J.
In the 2003 case of Republic of Indonesia v. Vinzon, this court enunciated that in cases involving foreign states, the basis of sovereign immunity is the maxim par in parem non habet imperium. Founded on sovereign equality, a state cannot assert its jurisdiction over another.[171] To do so otherwise would "unduly vex the peace of nations."[172] However, it also underscored that the doctrine only applies to public acts or acts jure imperii, thus, referring to the relative theory. JUSMAG Philippines v. NLRC[173] discussed the restrictive application: In this jurisdiction, we recognize and adopt the generally accepted principles of international law as part of the law of the land. Immunity of State from suit is one of these universally recognized principles. In international law, "immunity" is commonly understood as an exemption of the state and its organs from the judicial jurisdiction of another state. This is anchored on the principle of the sovereign equality of states under which one state cannot assert jurisdiction over another in violation of the maxim par in parem non habet imperium (an equal has no power over an equal).
	GR No. 206510 2014-09-16	MOST REV. PEDRO D. ARIGO v. SCOTT H. SWIFT VILLARAMA, JR., J.
. . . if the contract was entered into in the discharge of its governmental functions, the sovereign state cannot be deemed to have waived its immunity from suit.[177] (Emphasis supplied, citation omitted)
	GR No. 185572 2012-02-07	CHINA NATIONAL MACHINERY v. CESAR D. SANTAMARIA SERENO, J.
In JUSMAG v. National Labor Relations Commission,[25] this Court affirmed the Philippines' adherence to the restrictive theory as follows: The doctrine of state immunity from suit has undergone further metamorphosis. The view evolved that the existence of a contract does not, per se, mean that sovereign states may, at all times, be sued in local courts. The complexity of relationships between sovereign states, brought about by their increasing commercial activities, mothered a more restrictive application of the doctrine.