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CONSENT TO BE SUED
A. Express consent:
it must be in the form of legislation & can be in general or special
law. It must come from statute no by mere agreement of
parties.
The law expressly grants the authority to sue the State(like RA
3083) or any of its agencies. Examples:
a). A law creating a government body expressly providing that
such body may sue or be sued.
b). Art. 2180 of the Civil Code, which creates liability against the
State when it acts through a special agent. (an accounting clerk
who was ordered to drive a garbage truck tapos nakabangga, so
state is liable coz its acting on behalf of a special agent because an
accounting clerks work is not to drive garbage trucks but to
balance worksheets)
B. Implied consent:
3) This rule applies not only in favor of the Philippines but also in
favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader,
with the State as one of the defendants being compelled to
interplead.
a). The contract must be entered into by the proper officer and
within the scope of his authority.
b). Suit against an incorporated government agency.
This is because they generally conduct propriety business
operations and have charters which grant them a separate juridical
personality.
UNLESS: The contract is merely incidental to performance of a
governmental function.
--- Thus, when the State conducts business operations through a
GOCC, the latter can generally be sued, even if its charter contains
no express sue or be sued clause.
2). The State files suit against a private party/ a complaint/
which makes state open to counterclaim
UNLESS: The suit is entered into only to resist a claim.
3.)Inequitable for state to claim immunity (since it takes
property without compensation)
Govt takes property through legal process of expropriation or
negotiated sale.