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Chapter 4 The Doctrine of State Immunity

The State may not besued without consent

Basis

besides being a challenge to its

infallibility

The doctrine is not based on any formal conception or obsoletetheory but on the

logical and practical ground that there can be no legal rightagainst the authority which makes the

law which the right depends.

pressing matters demanding its attention, to the prejudice of the public welfare.

one state cannot assert its jurisdictionover another. To do so

would unduly vex the peace of the nations.

Par in paremnon habet imperium

Application

ce is not to file against the State, so as to avoid the appearance of itsinvolvement, but

rather against the officer of the government.

officer impleaded.

ability of the State is shown, the action can be dismissed as a suit against theState unless its immunity is

waived.

a duty required by law, or torestrain him from

doing an unconstitutional or illegal act, or to recover taxesunlawfully assessed or collected.

not a suitagainst the State.

damangesrequire government to appropriate the necessaryamount for the

satisfaction of judgment.

affirmative act from the State, such as satisfaction of judgment.

ercannot be imputed against the State

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branch, the courts must acknowledge the claim.

Waiver of Immunity

of its sovereign immunity and therebyvoluntarily open itself

to suit.

study.

Forms of Consent

Expressmanifested through general or special law

Impliedwhen the State itself commences litigation or enters into a contract

The government of the Philippines hereby consentsand submits to be

sued upon any moneyed claim involving liability arising fromcontract, express or implied, which couldserve as a basis of civil action betweenprivate parties.

60 days. Rejection of the claim will authorize the claimant toelevate it to the SC on certiorariSue the

State

(CA No. 327 as amended by P.D.No. 1445)

complaint, defendant is entitled to file a counterclaim.

to resist claimsno consent/waiver

There is consent since it descended to the level of anordinary individual.

of the State from suit.

consent to be sued.

Suits Against Government Agencies

Incorporated Agencyhas a charter of its own that invests it with a separate juridical personality; test

of suability can be found in its charter.

Unincorporated Agencyhas no separate juridical personality but merged in thegeneral

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machineryof the government; cannot be sued without the States consent.

-suability of the State is available when it is engaged not only in governmentalfunctions, but also,

as a sideline, in proprietary enterprise. (See Bureau of Printing vsBPEA)

agency, it does not necessarily render the agency to suit (Mobil vsCustoms Arrastre Service)

Exemption from Legal Requirements

1.Put up a bond for damages, or an appeal bondassumed to be solvent

2.Legal Fees

3.Interest, unless stipulated to pay it or when it is allowed by an act of thelegislature or in eminent

domain cases where it is in the form of interest at thelegal rate.

4.Statute of limitation, although not observed where the State is engaged inprivate business.

Suability vs Liability

concession of liability

Suability result of express or implied consent of theState to be sued.

Liability determined after hearing on the basis of relevant laws and established facts.