State Immunity

Art. XVI. The State may not be sued without its consent. [Royal Prerogative of Dishonesty]
1999, No. 6 What do you understand by State Immunity from Suit? 1998, 13: What is the Doctrine of State Immunity in International Law?

DOH v. Phil. Pharmawealth The doctrine is not available in suits for injunction and mandamus. The reason is that will not result to monetary or property loss to the government. Phil. Agila Satellite A suit to nullify an award by DOTC of an orbital slot. [no damages]

State Immunity: Suits against State-1.

2.

3.

When Republic is sued by name, except when ultimate liability will fall in the official [Republic v. Sandoval When suit is against an unincorporated government entity When it is against a government officer, but ultimate liability will fall not to the officer but to the government [PC-Sucia]

When will liability fall on the government?

When their actions have authority under law; and 2. They perform it in a legal manner
1.

DOH When they perform unlawful or unauthorized acts and are sued for damages, they cannot claim immunity.

1990, No. 10

The Secretary of Public Works, after an investigation, ordered the demolition of the fish pond of X as a nuisance per se on the ground that it encroached on navigable rivers. The Supreme Court later found that the rivers were manmade and were constructed on private property owned by X. May X recover damages from the Secretary? Veterans v. CA: PC-SUCIA Lansang

Forms of Waiver of Immunity:

1.

2.

Express: by means of a law, Act. 3083/CC 2189-roads Implied: a. Enters into a contract (proprietary capacity) b. Commences litigation (counter-claim) [Froilan v. Oriental][Rep v. SDGN

3. When it accepts [conditional] donation [DECS v. Onate] 4. When it takes over private property without compensation 5. In cases of implied contracts [Vigilar case] 6. Gross negligence Unimix [Bureau of Customs]

Principle on Consent: Since it is a derrogation of sovereignty, it is strictly construed against the individual and in favor of the State. Sandoval ---

1996, No. 6:

How may consent to be sued be given? 2001, No. 3: The Republic, through the DPWH constructed a new highway traversing a land owned by Mang Pandoy. It did not pay compensation. When sued, it filed a motion to dismiss invoking immunity. Resolve. 1987/1992

1998, No. 1:

The Department of National Defense entered into a contract with Raintree Corporation for the supply of ponchos to the AFP, stipulating that in the event of breach, action may be filed in the proper court in Manila. Suppose AFP fails to pay for delivered ponchos, where must Raintree Corp file its claim? Royal Traders Bank- NMPC

Liability Consent to be sued is not an admission of liability. You are given the chance to prove, except Art. 2180 which admits liability once certain conditions have been proved. But LGU may be sued and are liable----------

1997, No. 6: It is said that waiver of immunity by the state does not mean a concession of liability. What are the implications of this phrase?

Enforceabilty/Execution A. National Government no execution, no garnishment of funds or property/Procedure? B. Local government: 1. Appropriated funds may be garnished 2. Property held in non-governmental capacity may be executed 3. Mandamus will lie [Nessia v. Fermin]

1994, No. 14:

The Municipality of Antipolo expropriated the property of Juan Reyes. The municipal council appropriated P1,000,000 for the purchase of the lot but the RTC fixed the value of P2,000,000. 1. Can Juan Reyes ask the RTC to garnish the municipalitys account with the Land Bank? 2. What legal action can Juan Reyes take to collect the balance?