A._Gen.

Principle:
1. General Rule
Art 16, Sec 3, 1987 Constitution
The state may not be sued without its consent.

2.

1. Stages in the suit against the state:

a. Suability
b. Liability
c. Determination whether or not the aggrieved party
is entitled for
Doctrine of State Immunity from Suit: The state as
well as its government is immune from suit UNLESS
IT GIVES ITS CONSENT. In the case of D.A. VS NLRC,
the doctrine of state immunity was also referred to as
the royal prerogative of dishonesty because it
grants the state the prerogative to defeat any
legitimate claim against it by simply invoking its nonsuability.
Justification
It is obvious that indiscriminate suits against the
State will result in the impairment of its dignity,
besides being a challenge to its supposed
infallibility.
To Justice Holmes, however, the doctrine of nonsuability is based not 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 on
which the right depends."
practical consideration that the demands and
inconveniences of litigation will divert the time
and resources of the State from the more
pressing matters demanding its attention, to the
prejudice of the public welfare.
-

Principle of the sovereign equality of states: merely a recognition of the

sovereign character of the State and an express affirmation of the
unwritten rule insulating it from the jurisdiction of the its courts of justice
and those of other states
BASED ON REASONS OF PUBLIC POLICY
Practicality: Demands and inconveniences of litigation will divert the
time and resources of the state from the more pressing matters
demanding its attention to the prejudice of the public welfare

The officer impleaded may by himself alone comply with the

decision of the court without the necessity of involving the

State
Against a public officer who acted without or in excess of

3.

When the petitioner is actually suing the state, but immunity does not
lie and consent is not needed:
Compelling a public officer to do an obligation
Prohibiting a public officer from enforcing an unconstitutional law
Compelling the national treasurer to pay damages from an already
appropriated fund
Compelling a public officer to refund tax overpayments from a fund
already available for the purpose
Compelling a public officer to comply with a judgment that he may
satisfy himself without the government itself having to do a positive act
to assist him
Government violated its own laws/injustice is perpetrated
EXEMPTION FORM LEGAL REQUIREMENTS:
When the state litigates, either directly or through its
authorized officers, the following do not apply:
Bond for damages
Appeal bond
Legal fees
Interest (unless otherwise stated by the statute or in
eminent domain cases)
Statutes of limitation
B. Who may avail of state immunity
C. Waiver of Immunity
- doctrine of State immunity is sometimes called "the royal prerogative of dishonesty,"
-the State may, if it so desires, divest itself of its sovereign
immunity and thereby voluntarily open itself to suit. In fine,
the State may be sued if it gives its consent.
-it should also be observed that when the State gives its
consent to be sued, it does not thereby also consent to the
execution of the judgment against it.
GENERAL : The state cannot be sued. EXCEPTION : The state
consents to being sued.
1.

Suits directly against the Republic of the Philippines

The state is the real party in interest
The claim will be a direct liability of the state
Claim that will require an affirmative action in the form of an

appropriation
Claim that will require the affirmative performance of some

asserted obligation from the state in its political capacity

Claim for damages for injuries
Claims for just compensation for the taking of private
property under the power of the state on eminent domain

Not suit against the state:

An appropriation had already been made by the government

Express Consent - permission is given to be sued;

may be manifested either through a general law or a special
law
- must be embodied in a duly enacted statute and
may not be given by mere counsel of the government

APPLICATION
Suit against the state : the decision rendered against the public officer
impleaded will require an affirmative act from the state, complaint will
be dismissed

jurisdiction, any injury caused by him is his own personal

liability and cannot be imputed to the State
Exception
Art 16, Sec 3, 1987 Constitution

- Ex of special law enacted by the Philippine Legislature

authorizing an individual to sue the Philippine Government for
injuries he had sustained when his motorcycle collided with a
government ambulance.
2.

Implied Consent - given when the state itself commences

litigation or when it enters into a contract

abandonment of right to invoke immunity :
*Entering into a business contract
*Commencing litigation asking for affirmative relief
*Intervening in a case to plead immunity
Commences litigation : the State must be asking for affirmative relief
Enter into a contract : contract must be entered into in its proprietary
function (jure gestionis, not jure imperii)
3. Scope Consent

D. Foreign Sovereign Immunity

1. Acts Jure Imperii
2. Acts Jure Gestionis
E. Suability vs Liability
When the state allows itself to be sued, all it does in effect
is to give the other party an opportunity to prove that the
State is liable
The consent of the state to be sued does not mean that it
concedes its liability
Municipal Corporations:
Liable : acting in proprietary function
Not liable : acting in governmental function
CONSENT TO EXECUTE JUDGMENT:
When the state gives it consent to be sued, it does not
thereby also consent to the execution of the judgment against
it
Such execution will require another waiver, lacking which
the decision cannot be enforced
Limit the claimants action only up to the completion of
proceedings anterior to the stage of execution, and that the
power of courts ends when the judgment is rendered, since
government funds and properties may not be seized under
writs if execution or garnishment to satisfy such judgments, is
based on obvious considerations of public policy

WAYS OF SUING THE STATE

1. Direct suit against the state: ______ v. Republic of the
Philippines
2. Indirect suit against the state
______ v. Public Officer
When they are acting in the discharge of their official
functions; within their jurisdiction
______ v. Government agency
Against incorporated agency
When its charter does not allow it to
sue and be sued
Against unincorporated agency When its primary function
is
governmental
Test:
When the judgment against such officials will require the state
itself to perform an affirmative act to satisfy the same
LIABILITY OF THE STATE
Test : :when judgment has been rendered finding the
government at fault
when the application of the law on the facts shows that the
government is at fault