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of public policy.
EXPRESS CONSENT: (GS)
A. GENERAL LAW
B. SPECIAL LAW
- EXPRESS CONSENT BY LAW must be exhausted before suing. Doctrine of exhaustion of administrative remedie
- EXCEPT: When it is a breach of a duty or a statute. No need to exhaust all administrative requirements.
- EXCEPT: When there is great and irreparable damage
IMPLIED CONSENT:
A. State is sued and State doesn’t claim immunity
B. State sues for a claim; opens itself for counterclaim
C. State intervenes in a suit
D. State enters into commercial contracts
E. State exercises expropriation; may be sued for just compensation
F. State commits injustice
G. When State accepts a donation; donor may sue for breach of that donation.
NOT A SUIT AGAINST THE STATE
1. Suit compelling the performance of a ministerial function or a duty required by law
2. Action for prohibition against an agency or a public officer to prevent the enforcement of an act claimed as illegal or
unconstitutional
3. Suit Against an officer in his private or personal capacity
4. Suir Against an officer claimed to have committed an ultra vires (beyond his powers) act or where there is a showing of
bad faith, malice or gross negligence
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RATIO / RULINGS
— jus imperii v. jus gestionis The traditional rule of State
IMPORTANT FACTS
immunity exempts a State from being sued in the courts — The Court strongly stresses that Republic Act No. 65,
of another State without its consent or waiver. This rule is the veterans' Bill of Rights, was not meant to
a necessary consequence of the principles of compensate alone veterans for the wounds of war. It is,
independence and equality of States. However, the above all, a gesture of gratitude on the part of the State
rules of International Law are not petrified; they are and a tribute to their gallantry and selfless love of
constantly developing and evolving. And because the country. Though valor cannot be measured in terms of
activities of states have multiplied, it has been necessary money, money is the best we can offer for the moment.
to distinguish them-between sovereign and And if we cannot do more, let us do no less. This case
governmental acts (jure imperii) and private, should not have indeed reached this Court had not
commercial and proprietary acts (jure gestionis). The insensitivity gotten the better of Government
result is that State immunity now extends only to acts jure functionaries.
imperil.
WHEREFORE, the petition is GRANTED.
— The dealings of the foreign military bases are not
commercial and is considered jure imperii The restrictive The respondent, the Philippine Veterans Affairs Office, is
application of State immunity is proper only when the ORDERED to pay the petitioner, his spouse, and qualified
proceedings arise out of commercial transactions of the children, full pension benefits plus such other and further
foreign sovereign, its commercial activities or economic increments as may be provided for by law, effective
affairs. Stated differently, a State may be said to have November 18, 1947. No costs.
descended to the level of an individual and can thus be
deemed to have tacitly given its consent to be sued
only when it enters into business contracts. It does not
apply where the contract relates to the exercise of its RATIO / RULINGS
sovereign functions. In this case the projects are an — GOVERNMENT OFFICIAL ON OFFICIAL DUTY
integral part of the naval base which is devoted to the EXCEPTION: BREACH OF A DUTY IMPOSED BY A STATUTE
defense of both the United States and the Philippines, Doctrine of non-suability will not apply where the suit
indisputably a function of the government of the highest against such a functionary had to be instituted because
order (jure imperii); they are not utilized for nor of his failure to comply with the duty imposed by statute
dedicated to commercial or business purposes. appropriating public funds for the benefit of plaintiff or
petitioner.
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— EXHAUSTION OF ADMINISTRATIVE REMEDIES
EXCEPTION: BREACH OF A DUTY IMPOSED BY A STATUTE,
A LEGAL ISSUE We have already held, however, that the
principle requiring the previous exhaustion of
administrative remedies is not applicable 'where the
question in dispute is purely a legal one', or where the
controverted act is patently illegal or was performed
without jurisdiction or in excess of jurisdiction, or where
the respondent is a department secretary, whose acts
as an alter-ego of the President bear the implied or
assumed approval of the latter, unless actually
disapproved by him, or where there are circumstances
indicating the urgency of judicial intervention.
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RATIO / RULINGS
RATIO / RULINGS
by signifying approval or disapproval may the plaintiff
continue on to the next step of the bureaucratic
— OTHER STATE OFFICIAL: NOT IMMUNE: NON-OFFICIAL process. On the other hand, official inaction brings to a
FUNCTION, SUED IN THEIR INDIVIDUAL CAPACITY They standstill the administrative process and the plaintiff is left
state that the doctrine of immunity from suit will not in the darkness of uncertainty. In this regard, official
apply and may not be invoked where the public official "inaction" cannot be equated with "disapproval."
is being sued in his private and personal capacity as an
ordinary citizen. The cloak of protection afforded the - ME: There is no mention of “immunity” in this
officers and agents of the government is removed the case. It is an example for bureaucrats to not
moment they are sued in their individual capacity. always rely on the immunity rule and satisfy
liability when it is due.
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Department of Agriculture v. Orders of respondent Judge Sandoval,1 dated May 31
and August 8, 1988, dismissing the complaint for
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IMPORTANT FACTS
RATIO / RULINGS
— 1. A foreign agent, operating within a territory, can
— ADB claiming immunity against the labor decision of be cloaked with immunity from suit but only as long
NLRC relating to its employee. as it can be established that he is acting within the
directives of the sending state.
—STATE OFFICER ON OFFICIAL FUNCTION IS IMMUNE 1.
All told, this Court is constrained to rule that
respondent Arthur Scalzo, an agent of the United
RATIO / RULINGS
States Drug Enforcement Agency allowed by the
Philippine government to conduct activities in the
— DIPLOMATIC IMMUNITY IS A POLITICAL QUESTION It is country to help contain the problem on the drug
a recognized principle of international law and under traffic, is entitled to the defense of state immunity
our system of separation of powers that diplomatic from suit.
immunity is essentially a political question and courts
should refuse to look beyond a determination by the ---------------------------------------------------------
executive branch of the government, and where the
plea of diplomatic immunity is recognized and
affirmed by the executive branch of the government
RATIO / RULINGS
provision.
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RATIO / RULINGS
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— FOR THE PROTECTION OF OFWs and prevent
recruitment agents from invoking State immunity, RA
8042 [MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT
OF 1995] joint and solidary liability for private recruitment
agencies. In providing for the joint and solidary liability
of private recruitment agencies with their foreign
principals, Republic Act No. 8042 precisely affords the
OFWs with a recourse and assures them of immediate
and sufficient payment of what is due them.
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