REPUBLIC OF INDONESIA vs. JAMES VINZON [G.R. No. 154705. June 26, 2003]

FACTS: Petitioner Vinzon entered into a Maintenance Agreement with respondent. The maintenance agreement includes the following specific equipments: air conditioning units, generator sets, electrical facilities, water heaters and water motor pumps. The agreement shall be effective for 4 years.

The new Minister Counsellor allegedly found respondent's work and services unsatisfactory and not in compliance with the standards set in the Agreement. The respondent terminated the agreement with the respondent. The latter claim that it was unlawful and arbitrary. Respondent filed a Motion to Dismiss alleging that the Republic of Indonesia, as a foreign state, has sovereign immunity from suit and cannot be sued as party-defendant in the Philippines.

ISSUE: W/N the CA erred in sustaining the trial court's decision that petitioners have waived their immunity from suit by using as its basis the provision in the Maintenance Agreement.

HELD: The mere entering into a contract by a foreign state with a private party cannot be construed as the ultimate test of whether or not it is an act juri imperii or juri gestionis. Such act is only the start of the inquiry. There is no dispute that the establishment of a diplomatic mission is an act juri imperii. The state may enter into contracts with private entities to maintain the premises, furnishings and equipment of the embassy. The Republic of Indonesia is acting in pursuit of a sovereign activity when it entered into a contract with the respondent. The maintenance agreement was entered into by the Republic of Indonesia in the discharge of its governmental functions. It cannot be deemed to have waived its immunity from suit.