Constitutional Law 1

STATE IMMUNITY

Atty. Galeon

RM 308
D. CONSENT

USC

Prepared by: SDSG

General Rule: State may be sued if it gives consent, whether express or implied A. DOCTRINE OF NON-SUITABILITY OF STATE Sec. 3, Art XVI The State cannot be sued without its consent. Express consent - It is effected only by the will of Congress through the enactment of a law. a. Illustrative Case: Republic vs Feliciano, GR 70853, 3/12/87 proclamation is not a legislative act B. BASIS There can be no legal right against the authority which makes the law on which the right depends If the State is amenable to suits, all its time would be spent defending itself from suits and this would prevent it from performing its other functions. Republic vs Sandoval, GR 84607, 3/19/93 Mendiola Massacre, utterances by President is not a legislative act b. may be embodied either in a: general law o C. APPLICABILITY TO FOREIGN STATES Par In Parem Non Habet Imperium - equality of sovereigns The Head of State, who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from suit The States diplomatic agents, including consuls to a certain extent, are also exempt from the jurisdiction of local courts and administrative tribunals a. Requisite for Immunity Act is done within the directives of the sending state or in his official function as a diplomatic agent o Illustrative Case: a. Minucher vs CA, GR 142396, 2/11/03 o o authorizes any person who meets the conditions stated in the law to sue the government in accordance with the procedure in the law Act. 3083, CA 327 as amended by PD 1445 a. b. If liability of State is not established, money claim may be filed with the court If liability of State is established, money claim must be filed with the Office of the Auditor General

Illustrative Case: a. b. DA vs NLRC, GR 104269, 11/11/93 Republic vs Villasor, GR L-30671, 11/28/73

special law o o o may come in the form of a private bill authorizing a named individual to bring suit on a special claim CA 2457 Illustrative Case: a. Implied consent a. When the State itself commences litigation It opens itself to the possibility of a counter-suit o o General Rule: implied consent was given once State commences litigation Exception: when such litigation was commenced for the sole purpose of bringing up the non-suability of the State Merritt vs Government of the Philippine Islands, GR 11154, 3/21/16

Cloak of protection is removed when: o o o He is used in his individual capacity Act done was with malice or in bad faith Act done was beyond the scope of his authority or jurisdiction

UN as well as its organs and specialized agencies are beyond local courts jurisdiction. (UN, WHO and etc) Some international organizations or agencies may be immune from the jurisdiction of local courts and administrative tribunals (Southeast Asian Fisheries Development Center SEAFDEC and International Rice Research Institute IRRI)

Constitutional Law 1
Illustrative Case: o o b.

Atty. Galeon

RM 308
E.

USC
WHAT CONSTITUTES A SUIT AGAINST THE STATE

Prepared by: SDSG

General Rule: Froilan vs Pan Oriental Shipping, GR L6060, 9/30/54 Exception: Lim vs Brownell, GR L-8587, 3/24/60

General Rule: If suit names the State (Republic of the Philippines) as the defendant, it is a suit against the State If respondent is a Government Agency Incorporated Government Agency a. Qualifications: Has its own charter Incorporated under the Corporation Code b. Examples: SSS, PNB, CB, LBP c. General Rule # 1: If Charter provides that agency can sue and be sued (express consent), suit will progress regardless of nature of suit General Rule # 2: If Charter is silent, determine the principal function of said agency. Incidental functions not important. If governmental o NO suit without consent

When the State enters into a business contract State may only be liable for proprietary acts (jure gestioni) o Illustrative Case: a. b. US vs Guinto, GR 76607, 2/26/90 US vs Rodrigo, GR 79470, 2/26/90

and not for sovereign acts (jure imperii) which would require consent o Illustrative Case: a. b. o US vs Ruiz, GR L-35645, 5/22/85 Republic of Indonesia vs Vinzon, GR 154705, 6/26/03

d.

Exception: When there are money claims arising from such contract a. Illustrative Case: i. DA vs NLRC, GR 104269, 11/11/93

If proprietary o YES suit may proceed. When the State engages in principally proprietary functions, it descends to the level of a private individual and therefore, may be vulnerable to suit.

c.

when it would be inequitable for the State to invoke its immunity lest it tramples upon the rights of private individuals In instances when the State takes private property for public use or purpose o Illustrative Case: a. Amigable vs Cuenco, GR L-26400, 2/29/72

Unincorporated Government Agency (example: DOJ) a. General Rule: Determine the principal function of said agency. Incidental functions not important. If governmental o NO suit without consent a. Illustrative Case: i. ii. o Bureau of Printing vs Bureau of Printing Employees, GR L-15751, 1/28/61 Mobil Philippines Exploration vs Customs Arrastre Service, GR L-23139, 12/17/66

In instances when the State violated its own laws o Illustrative Case: a. Santiago vs Republic, GR L-48214, 9/19/78 (failure to comply with requirements for donation)

Except: When there are money claims arising from such governmental functions a. Illustrative Case: i. DA vs NLRC, GR 104269, 11/11/93

Constitutional Law 1
If proprietary o

Atty. Galeon

RM 308
G.

USC
EXECUTION OF ADVERSE JUDGMENT AGAINST THE STATE

Prepared by: SDSG

YES suit may proceed. When the State engages in principally proprietary functions, it descends to the level of a private individual and therefore, may be vulnerable to suit. a. Illustrative Case: i. Civil Aeronautics Administration vs CA, GR 51806, 11/08/88

If Respondent is Incorporated Government Agency General Rule: Execution of adverse judgment may be enforced against its funds a. Illustrative Case: PNB vs CIR, GR L-32667, 1/31/78 If respondent is the State itself or an Unincorporated Government Agency General Rule: Execution of judgment cannot be satisfied without corresponding appropriation as required by law Basis: Section 29(1), Article VI, 1987 Constitution a. No money shall be paid out of the Treasury except in pursuance of an appropriation made by law

If respondent is LGU General Rule: LGUs may be sued Basis: Section 22, LGC

If respondent is Public Officer General Rule: As long as the act is done in the exercise of their official function, then public officer will be immune from suit without prior consent from the State PROVIDED that the State is required to perform a positive act to satisfy any adverse judgment (2nd half is the TEST) a. Illustrative Case: Burgos vs Chief of Staff, AFP, GR 64261, 12/26/84 Exceptions: a. b. c. Suit is to compel performance from a public officer who refuses to perform his official duties Suit is to prohibit the public officer from enforcing illegal or unconstitutional acts Suit is about an unauthorized act or an act outside the scope of public officers authority Illustrative Case: o o d. Republic vs Sandoval, GR 84607, 3/19/93 Lansang vs CA, GR 102667, 2/23/00 (Blind)

NOTE: Appropriation Bills can only be enacted by Congress and must originate from Lower House Illustrative Case: a. DA vs NLRC, GR 104269, 11/11/93

If respondent is an LGU General Rule: Execution of judgment cannot be satisfied without corresponding appropriation ordinance Illustrative Case: a. Lack of Appropriation Ordinance Municipality of San Miguel, Bulacan vs Fernandez, GR L-61744, 6/25/84 (lack of AO) b. Existence of Appropriation Ordinance City of Caloocan vs Allarde, GR 107271, 9/10/03

Suit is to secure payment from previously appropriated funds Illustrative Case: o Republic vs Del Mar, GR L-24672, 8/12/66

e.

When the State violated its own laws

F.

SUABILITY NOT EQUATED WITH OUTRIGHT LIABILITY When the State gives it consent to be sued, it affords the claimant a chance or opportunity to prove his claims against it Liability of the State needs to be determined by the Court on the basis of the evidence and the applicable laws