Doctrine of State Immunity

Question 1

Basis of Doctrine of State Immunity?

Answer 1

There can be no legal right against the authority which makes the law on which the right depends

Question 2

When is a Suit One Against the State?

Answer 2

The Republic is sued by name;

Suits against an un – incorporated government agency;

Suits is against a government official, but is such that ultimate liability shall devolve on the government

Question 3

Suits is against a government official, but is such that ultimate liability shall devolve on the government?

Answer 3

When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages;

But if he acted pursuant to his official duties, without malice, negligence, or bad faith, he is not personally liable, and the suit is really one against the State.

Question 4

When a public officer acts in bad faith, or beyond the scope of his authority, he can be?

Answer 4

he can be held personally liable for damages;

Question 5

But if he acted pursuant to his official duties, without malice, negligence, or bad faith, he is not personally liable, and the suit is?

Answer 5

the suit is really one against the State.

Question 6

Forms of Consent?

Answer 6

Express and Implied Consent

Question 7

Express Consent of the Gov to be sued?

Answer 7

When he law expressly grants the authority to sue the State or any of its agencies

Question 8

Is Garnishment against the funds of a corporate entity valid even if owned or controlled by the government?

Answer 8

Yes. When a government enters into commercial business it abandons its sovereign capacity and is to be treated just like any other corporation

Question 9

Implied Consent?

Answer 9

When the State enters into a private contract or business contract;

Question 10

When a government enters into commercial business it?

Answer 10

abandons its sovereign capacity and is to be treated just like any other corporation

Question 11

Implied Consent? the contract is not incidental to the performance of a governmental function?

Answer 11

No

Question 12

Implied Consent? The operation is not incidental to the performance of a governmental function?

Answer 12

No

Question 13

the State conduct business operations through GOCC. Its charter contains no express “sue or be sued” clause.

Answer 13

Yes, thru Implied Consent. GOCC is businesses operations hence can be sued even if its charter contains no express sue provisions.

Question 14

GOCC is businesses operations hence can be?

Answer 14

Sued.

Question 15

Implied Consent; Business operations/function: Jure Gestionis?

Answer 15

by right of economic or business relations, may be sued

Question 16

Implied Consent; Business operations/function: Jure Imperii?

Answer 16

by right of sovereign power, in the exercise of sovereign functions. No implied consent

Question 17

Implied Consent: Suit against Unincorporated/ incorporated government agency?

Answer 17

Performs governmental functions: not suable without State consent;

Performs propriety functions: suable

Question 18

Performs governmental functions? suable or not?

Answer 18

not suable without State consent;

Question 19

Performs propriety functions: suable or not?

Answer 19

suable

Question 20

Implied Consent: Exception: When the State files suit against a private party?

Answer 20

The suit is entered into only to resist a claim.

Question 21

Consent to Execution?

Answer 21

Consent to be sued does not include consent to the execution of judgment against it.

Question 22

Consent to be sued does not include?

Answer 22

consent to the execution of judgment against it.

Question 23

Why consent to be sued does not include consent to the execution of judgment against it?

Answer 23

Such execution will require another waiver, because the power of the court ends when the judgment is rendered, since government funds and properties may not be seized under writs of execution or garnishment, unless such disbursement is covered by the corresponding appropriation as required by law

Question 24

Such execution will require another waiver, because the?

Answer 24

the power of the court ends when the judgment is rendered,

Question 25

the power of the court ends when the judgment is rendered since?

Answer 25

Since government funds and properties may not be seized under writs of execution or garnishment unless such disbursement is covered by the corresponding appropriation as required by law

Question 26

Rules Regarding Garnishment or Levy of Government Funds in Government Depository?

Answer 26

Government funds deposited with PNB or authorized depositories cannot be subject to garnishment.

Question 27

Exceptions of Garnishment or Levy of Government Funds in Government Depository

Answer 27

where law or ordinance has already been enacted appropriating a specific amount to pay a valid governmental obligation; funds belonging to government corporations which can sue and be sues that are deposited with a bank

Question 28

Rules Regarding Payment of Interests by Government in Money Judgments Against it

Answer 28

Government cannot be made to pay interests;

Question 29

Exception Regarding Payment of Interests by Government in Money Judgments Against it?

Answer 29

eminent domain; erroneous collection of taxes; or where government aggress to pay interest pursuant to law.

Question 30

Suits against foreign states / international organizations

Answer 30

The traditional rule of State immunity exempts a State from being sued in the courts of another State without its consent or waiver.

Question 31

Why the traditional rule of State immunity exempts a State from being sued in the courts of another State without its consent or waiver?

Answer 31

This rule is a necessary consequence of the principles of independence and equality of States.