Republic Vs. Sandiganbayan

MYLA RUTH N. SARA

Republic vs. Sandiganbayan

FACTS: Private respondent, Danding Cojuangco, filed a case to compel the PCGG to allow him to inspect corporate books of SMC and UCPB.

ISSUE: Is this a suit against the state requiring the PCGG to allow Mr. Cojuangco to inspect the books of corporations in which he has shares of being a stockholder.

HELD: This is not a suit against the state. This is only an exercise of his right as a stockholder. The stocks or his shares of sticks which have been sequestered have not automatically become stocks of the government. The test of suit against the state: If it requires an affirmative act on the part of the state to disburse public funds or loss of government property. In this petition, these are not attendant. Besides, in the corporate books, the stocks are still in the name of Cojuangco.