ACT NO.

3083

ACT NO. 3083 - AN ACT DEFINING THE CONDITIONS UNDER WHICH THE
GOVERNMENT OF THE PHILIPPINE ISLANDS MAY BE SUED

Section 1. Complaint against Government. Subject to the provisions of this Act, the
Government of the Philippine Islands hereby consents and submits to be sued upon any moneyed
claim involving liability arising from contract, expressed 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 Insular Auditor 1 and that the latter did not decide the same within two
months from the date of its presentation.

Sec. 3. Venue. Original actions brought pursuant to the authority conferred in this Act shall be
instituted in the Court of First Instance of the City of Manila or of the province were the claimant
resides, at the option of the latter, upon which court exclusive original jurisdiction is hereby
conferred to hear and determine such actions.

Sec. 4. Actions instituted as aforesaid shall be governed by the same rules of procedure, both
original and appellate, as if the litigants were private parties.

Sec. 5. When the Government of the Philippine Island 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.

Sec. 6. Process in actions brought against the Government of the Philippine Islands pursuant to
the authority granted in this Act shall be served upon the Attorney-General 2 whose duty it shall
be to appear and make defense, either himself or through delegates.

Sec. 7. Execution. No execution shall issue upon any judgment rendered by any court against
the Government of the Philippine Islands under the provisions of this Act; but a copy thereof
duly certified by the clerk of the Court in which judgment is rendered shall be transmitted by
such clerk to the Governor-General, 3 within five days after the same becomes final.

Sec. 8. Transmittal of Decision. The Governor-General, 4 at the commencement of each
regular session of the Legislature, 5 shall transmit to that body for appropriate action all
decisions so received by him, and if said body determine that payment should be made, it shall
appropriate the sum which the Government has been sentenced to pay, including the same in the
appropriations for the ensuing year.

Sec. 9. This Act shall take effect on its approval.
Approved: March 16, 1923.
Footnotes
1. Now Auditor-General.
2. Now Solicitor-General.
3. Now President of the Philippines.
4. Id.
5. Now Congress.









COMMONWEALTH ACT NO. 327


COMMONWEALTH ACT NO. 327 - AN ACT FIXING THE TIME WITHIN WHICH THE
AUDITOR GENERAL SHALL RENDER HIS DECISIONS AND PRESCRIBING THE
MANNER OF APPEAL THEREFROM

Section 1. In all cases involving the settlement of accounts or claims, other than those of
accountable officers, the Auditor General shall act and decide the same within sixty days,
exclusive of Sundays and holidays, after their presentation. If said accounts or claims need
reference to other persons, office or offices, or to a party interested, the period aforesaid shall be
counted from the time the last comment necessary to a proper decision is received by him. With
respect to the accounts of accountable officers, the Auditor General shall act on the same within
one hundred days after their submission, Sundays and holidays excepted.

In case of accounts or claims already submitted to but still pending decision by the Auditor
General on or before the approval of this Act, the periods provided in this section shall
commence from the date of such approval.

Section2. The party aggrieved by the final decision of the Auditor General in the settlement of an
account for claim may, within thirty days from receipt of the decision, take an appeal in writing:

(a) To the President of the United States, pending the final and complete withdrawal of her
sovereignty over the Philippines, or

(b) To the President of the Philippines, or

(c) To the Supreme Court of the Philippines if the appellant is a private person or entity.

If there are more than one appellant, all appeals shall be taken to the same authority resorted to
by the first appellant.

From a decision adversely affecting the interests of the Government, the appeal may be taken by
the proper head of the department or in case of local governments by the head of the office or
branch of the Government immediately concerned.

The appeal shall specifically set forth the particular action of the Auditor General to which
exception is taken with the reasons and authorities relied on for reversing such decision.

Section3. This Act shall take effect upon its approval.

Approved: June 18. 1938.