Chapter 4 The Doctrine of State Immunity The State may not be sued without consent Merely a recognition of the

e sovereign character of the State Express affirmation of the unwritten rule insulating it from the jurisdiction of the courts of justice Basis Indiscriminate suits against the State will result in the impairment of its dignity, besides being a challenge to its infallibility Justice Holmes The doctrine is not based on any formal conception or obsolete theory but on the logical and practical ground that there can be no legal right against the authority which makes the law which the right depends. The demands and inconveniences of litigation will divert time and resources of the State from the more pressing matters demanding its attention, to the prejudice of the public welfare. Principle of sovereign equality of States one state cannot assert its jurisdiction over another. To do so would unduly vex the peace of the nations. Par in parem non habet imperium Application Usual practice is not to file against the State, so as to avoid the appearance of its involvement, but rather against the officer of the government. Important to determine that the State has direct liability of the State and not against the officer impleaded. If liability of the State is shown, the action can be dismissed as a suit against the State unless its immunity is waived. A public officer may be impleaded to require him to do a duty required by law, or to restrain him from doing an unconstitutional or illegal act, or to recover taxes unlawfully assessed or collected. Action filed against public officer for recovery of title or possession not a suit against the State. Claim for recovery of damanges require government to appropriate the necessary amount for the satisfaction of judgment.

The State can be included as a party defendant when enforcement of the decision will require the affirmative act from the State, such as satisfaction of judgment. Personal liability of the public officer cannot be imputed against the State In cases where a country enjoys diplomatic or sovereign immunity, duly recognized by the executive branch, the courts must acknowledge the claim. Waiver of Immunity The State may, if it so desires, divest itself of its sovereign immunity and thereby voluntarily open itself to suit. This is an exception to the Doctrine in study. Forms of Consent Express manifested through general or special law Implied when the State itself commences litigation or enters into a contract General Law (Act No. 3803) The government of the Philippines hereby consents and submits to be sued upon any moneyed claim involving liability arising from contract, express or implied, which could serve as a basis of civil action between private parties. Claims against the government must first be filed with the Commission of Audit, which must act within 60 days. Rejection of the claim will authorize the claimant to elevate it to the SC on certiorari Sue the State (CA No. 327 as amended by P.D. No. 1445) May not be given by mere counsel. The Doctrine cannot serve as an instrument for perpetrating an injustice on the citizen. When the State files a complaint, defendant is entitled to file a counterclaim. Government files to resist claims no consent/waiver Enters into a contract There is consent since it descended to the level of an ordinary individual. Governmental contracts, unlike proprietary contracts, do not result in implied waiver of the immunity of the State from suit. The State does not give its consent to the execution of judgment against it even though it gives its consent to be sued. Suits Against Government Agencies

Philippine Political Law by Isagani A. Cruz Notes by Aaron Astley Go Te

Incorporated Agency has a charter of its own that invests it with a separate juridical personality; test of suability can be found in its charter. Unincorporated Agency has no separate juridical personality but merged in the general machinery of the government; cannot be sued without the States consent. Non-suability of the State is available when it is engaged not only in governmental functions, but also, as a sideline, in proprietary enterprise. (See Bureau of Printing vs BPEA) When proprietary functions are deemed necessary incidents of the governmental functions of an agency, it does not necessarily render the agency to suit (Mobil vs Customs Arrastre Service) Exemption from Legal Requirements State not required to 1. Put up a bond for damages, or an appeal bond assumed to be solvent 2. Legal Fees 3. Interest, unless stipulated to pay it or when it is allowed by an act of the legislature or in eminent domain cases where it is in the form of interest at the legal rate. 4. Statute of limitation, although not observed where the State is engaged in private business. Suability vs Liability Waiver of immunity does not mean concession of liability Suability Liability result of express or implied consent of the determined after hearing on the basis of State to be sued. relevant laws and established facts.

Philippine Political Law by Isagani A. Cruz Notes by Aaron Astley Go Te