This document discusses the principle of sovereign immunity, which provides that a state cannot be sued without its consent. It defines key terms and outlines the bases and tests for sovereign immunity under Philippine law. Specifically, it notes that the 1987 Constitution states that the state may not be sued without consent. Consent can be express, through statutes that allow certain types of suits, or implied, such as when the state enters a business contract. The scope of consent is limited and judgments against the government must follow specified procedures to be paid.
This document discusses the principle of sovereign immunity, which provides that a state cannot be sued without its consent. It defines key terms and outlines the bases and tests for sovereign immunity under Philippine law. Specifically, it notes that the 1987 Constitution states that the state may not be sued without consent. Consent can be express, through statutes that allow certain types of suits, or implied, such as when the state enters a business contract. The scope of consent is limited and judgments against the government must follow specified procedures to be paid.
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This handout explores the conceept of State Immunity or Non-Suability of the State.
This document discusses the principle of sovereign immunity, which provides that a state cannot be sued without its consent. It defines key terms and outlines the bases and tests for sovereign immunity under Philippine law. Specifically, it notes that the 1987 Constitution states that the state may not be sued without consent. Consent can be express, through statutes that allow certain types of suits, or implied, such as when the state enters a business contract. The scope of consent is limited and judgments against the government must follow specified procedures to be paid.
This document discusses the principle of sovereign immunity, which provides that a state cannot be sued without its consent. It defines key terms and outlines the bases and tests for sovereign immunity under Philippine law. Specifically, it notes that the 1987 Constitution states that the state may not be sued without consent. Consent can be express, through statutes that allow certain types of suits, or implied, such as when the state enters a business contract. The scope of consent is limited and judgments against the government must follow specified procedures to be paid.
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FUNDAMENTALS OF POLITICAL LAW REVIEW CONSTITUTIONAL LAW
CHAPTER 1: STATE IN GENERAL HANDOUT NO. 02 (STATE
IMMUNITY)
VI. SOVEREIGN IMMUNITY OR NON-SUABILITY OF THE STATE
DEFINITION OF TERMS
1. Sovereign/State Immunity is the freedom of the State before
its own courts from legal responsibility for its own actions. It is the privilege of the State to be free from the hazards of court litigation while performing its governmental functions.
2. Special Agent is a public official who is specially
commissioned to do a particular task which must be foreign to his usual governmental functions, or a private person who is commissioned by the GOVERNMENT to do or perform special governmental task.
BASES OF THE PRINCIPLE OF SOVEREIGN IMMUNITY
1. Constitutional: The STATE may not be sued without its consent.
a. POSITIVIST THEORY: There can be no legal right as against the
authority that makes the laws on which the right defends. Immunity from suit is inherent in all sovereign STATES.
b. SOCIOLOGICAL THEORY: PUBLIC SERVICE would be hindered and
PUBLIC SAFETY would be endangered, if the STATE could be subjected to a suit at the instance of every citizen.
TEST TO DETERMINE IF SUIT IS AGAINST THE STATE
1. When the REPUBLIC is sued by name.
2. When the suit is against an unincorporated government agency.
3. When the suit is on its face against a government officer but the case is such that ultimate liability will belong not to the officer but to the government
4. When the suit produces adverse consequences to the public
treasury in terms of the disbursement of public funds and loss of government property.
MODE OF CONSENT TO BE SUED
1. EXPRESS CONSENT: In order to be effective, consent to be sued
must come from the STATE acting through a DULY ENACTED STATUTE. WAIVER OF STATE IMMUNITY can only be made through the positive act of the Legislative Body:
a. BY MEANS OF A GENERAL LAW:
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PAGE 1 FUNDAMENTALS OF POLITICAL LAW REVIEW CONSTITUTIONAL LAW CHAPTER 1: STATE IN GENERAL HANDOUT NO. 02 (STATE IMMUNITY)
1) CA No. 327 as amended by P.D. NO. 1445: defines the cases
where and prescribes the conditions under which that STATE may be sued. It gives CONSENT TO SUE THE STATE in advance. It provides that any claim against the Government must first be filed with the Commission on Audit which must act on it within sixty (60) days.
2) ACT No. 3083: The GOVERNMENT consents and submits itself to
be sued upon money claim involving liability arising from contract, express or implied, which could serve as basis of civil action between private parties.
3) ARTICLE 2180, CIVL CODE: The STATE is responsible in like
manner when it acts through a Special Agent.
4) ARTICLE 2189, CIVIL CODE: Provinces, cities, and
municipalities shall be liable for damages for the death of, or injuries suffered by any person by reason of the defective conditions of roads, streets, bridges, public buildings and other public works under their control or supervision.
5) SECTION 22 (2), REPUBLIC ACT NO. 7160: LOCAL GOVERNMENT
CODE OF 1991: Local Government Units (LGUs) has been given the power to sue and be sued.
2. BY MEANS OF A SPECIAL LAW:
P.D. NO. 1807: It provides the PROCEDURE whereby the Republic of
the Philippines may waive sovereign immunity from suit. It provides other LEGAL PROCEEDINGS with respect to itself on its property in connection with foreign obligations contracted by it pursuant to law.
IMPLIED CONSENT
1. When the STATE commences litigation, it becomes vulnerable to a
counterclaim.
2. When the State enters into a business contract.
3. When it would be equitable for the Government to claim
immunity.
SCOPE OF THE CONSENT
1. Under ACT No. 3083: When a money judgment is given against the government, the ordinary rule for execution would not apply, for the consent of the government to be sued is only up to the point of judgment. If the government would not pay, it cannot be compelled to pay by attachment or otherwise.
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PAGE 2 FUNDAMENTALS OF POLITICAL LAW REVIEW CONSTITUTIONAL LAW CHAPTER 1: STATE IN GENERAL HANDOUT NO. 02 (STATE IMMUNITY)
The procedure is for the Commission on Audit to furnish the
Office of the President with the decisions so it could include the amount in the budget for the next year as basis for appropriation (since there can be no disbursement of public funds except in pursuance of law).
If the Judge nonetheless issues a writ of execution against the
Government funds or property, no ordinary civil action can be filed against him, UNLESS there is a clear showing of malice. BUT a reinstatement of the funds to the Government accounts and a refund by the private party can be ordered. (Commissioner of Public Highways vs. San Diego, 31 SCRA 616).
2. Under a CHARTER: When a consent to be sued is provided by a
charter, the consent does not stop with the RENDITION OF JUDGMENT, but goes up to the SATISFACTION OF THE JUDGMENT.
