The document discusses consent to sue the government in the Philippines. It can be effected through a general law or special law passed by the legislature. A general law allows anyone meeting the conditions to sue the government for money claims arising from express or implied contracts, as outlined in Act No. 3083. This law defines how the government consents to be sued for liability from contractual obligations. It also discusses suing the government for torts, including liability of local government units for defective public works and vicarious liability for special agents of the government.
The document discusses consent to sue the government in the Philippines. It can be effected through a general law or special law passed by the legislature. A general law allows anyone meeting the conditions to sue the government for money claims arising from express or implied contracts, as outlined in Act No. 3083. This law defines how the government consents to be sued for liability from contractual obligations. It also discusses suing the government for torts, including liability of local government units for defective public works and vicarious liability for special agents of the government.
The document discusses consent to sue the government in the Philippines. It can be effected through a general law or special law passed by the legislature. A general law allows anyone meeting the conditions to sue the government for money claims arising from express or implied contracts, as outlined in Act No. 3083. This law defines how the government consents to be sued for liability from contractual obligations. It also discusses suing the government for torts, including liability of local government units for defective public works and vicarious liability for special agents of the government.
The document discusses consent to sue the government in the Philippines. It can be effected through a general law or special law passed by the legislature. A general law allows anyone meeting the conditions to sue the government for money claims arising from express or implied contracts, as outlined in Act No. 3083. This law defines how the government consents to be sued for liability from contractual obligations. It also discusses suing the government for torts, including liability of local government units for defective public works and vicarious liability for special agents of the government.
Express Consent Effected only by the will of the legislature through the medium of a duly enacted statute; may be embodied either in a general law or a special law. General Law Authorizes any person who meets the conditions stated in the law to sue the government in accordance with the procedure in the law; e.g. a. Money claims arising from contract express or implied Act No. 3083: An Act Defining the Conditions under which the Government of the Philippines may be sued. Sec. 1. Subject to the provisions of this Act, the Government of the Philippines hereby consents and submits to be sued upon any moneyed claim involving liability arising from contract, express or implied, which could serve as a basis of civil action between private parties. Sec. 2. A person desiring to avail himself of the privilege herein conferred must show that he has presented his claim to the Commission on Audit and that the latter did not decide the same within two months from the date of its presentation. xxx Sec. 5. When the Government of the Philippines is plaintiff in an action instituted in any court of original jurisdiction, the defendant shall have the right to assert therein, by way of set-off or counterclaim in a similar action between private parties. xxx b. Torts 1. Liability of local government units
● Provinces, cities and municipalities shall be liable for damages for the
death or injuries suffered by any person by reason of the defective
conditions of roads, streets, public buildings and other public works under their control and supervision [Art. 2189, CC]. 2. Vicarious liability for special agents
• The Government is only liable for the acts of its agents, officers and employees, when they act as special agents within the meaning of the provision [Art. 2180(6), CC]. 3. Liability under the Local Government Code 4. Local government units and their officials are not exempt from liability for death or injury to persons o r damage to property [Sec. 24, LGC].
Republic Act No. 4226 - An Act Requiring The Licensure of All Hospitals in The Philippines and Authorizing The Bureau of Medical Services To Serve As The Licensing Agency
