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United States of America Vs Reyes Facts: Ms.

Maxine Bradford, who was the store manager of the US NAVY Exchange Branch at JUSMAG, was sued for civil case, for the illegal search on February 14, 1987. The search took place outside the store. It was determined that unreasonable search on the plaintiffs person and bag caused done recklessly and oppressively by the defendant, violated Annex A of the petition for restraining Order id. 97-99, Annex A of supplement to the petition for restraining order id. 110-112. As the decision of the court on September 10, 1987 due to the failure to file an answer. October 27, 1987, Montoya filled before the trial court a motion for the execution of the decision which petitioners opposed on the ground that although this Court had not yet issued this case a temporary restraining order, it had nevertheless resolved to require the respondents to comment on the petition. On December 7 1987 the court issued a temporary restraining Order ENJOINING the respondents and the provincial sheriff from enforcing the decision dated on Sept. 10 1987, and the writs of attachments and execution issued in civil case No. 224-87. So the accused made her petition to the court for she was with the immunity of the law of preferential application. Issue: Whether or not the trial court committed grave abuse of discretion in denying the motion to dismiss based on the following grounds a.) The complaint in civil case is in effect against the public petitioner a foreign sovereign immune from suit. b.) The immunity of suits for the acts done by the performance of JUSMAG pursuant to the Philippines-United States Military Assistance Agreement of 1947 and the Military Base Agreement of 1947. Ruling: The instant petition is DENIED for lack of merit. The temporary Restraining order of 7 December 1987 is lifted. Since it is apparent from the complaint of Bradford was sued in her private or personal capacity for the acts allegedly done beyond the scope and even beyond her place of official functions, said complaint is not vulnerable to a motion dismiss. The case falls within the exception to the doctrine of the state immunity. Even on the claim of diplomatic immunity which Bradford does not in fact pretend to have in the instant case as she is not among those granted diplomatic immunity under article 16(b) of the Military Assistance Agreement creating the JUSMAG. Since Bradford did not file her answer within the reglementary period, the trial court correctly declared her in default upon motion of the private respondent. The judgment then rendered against her on 10 September 1987 after the ex parte reception of the evidence for the private respondent and before this court issued the temporary restraining order on 7 December 1987 cannot be impugned. The filing of the instant petition and knowledge thereof by the trial court did not prevent the latter from proceeding with the Civil Case No. 224-87.it is elementary that the mere pendency of a special civil action for certiorari, commenced in relation to a case pending before a lower court, does not interrupt the course of the latter when there is no writ of injunction restraining it.