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Doctrine of State of Immunity

G.R.: The provisions of the Constitution are self-executing.

-There is NO need for legislative enactment to make them operational.

Exception: (1) unless the Constitution otherwise provides

e.g.: amending the Constitution by initiative which needs an enabling law

(2) provisions containing or embodying general principles & state policies

e.g.: Art. IISec 2incorporation clause,

Art. XLocal Government, Art. XIINational Patrimony,

Art XIII Sec. 17 & 18Social Justice and Human Rights,

Art. XIVEducation, Science and Technology, Arts, Culture, and Sports

Art. XVIGeneral Provisions

Sec. 3 Art XVI. The State may NOT be sued without its consent.

Philippines as a state is immune from suit; as long as the state exist.

-Basis of immunity from suit

>Doctrine of Royal Prerogative of Dishonesty

-There can be NO legal right against the authority which makes the law on which the

right depends.

Oliver Wendell Holmes>based on sovereign equality among states

>inconvenience that it may cause the government

*The Philippines can be sued if it gives consent.

Consent may be given by the state either expressly or impliedly.

Express consent to be sued may be in the form of:

-general law

-Act No. 3083the government allows itself to be sued upon any money claims

arising from contract

-C.A. No. 327

any money claims may be filed with the Commission on Audit;the COA has to act on the claim within the period of 60 days; otherwise a suit

can be filed against the state

-special lawhuman rights victims are allowed to sue the State in order to claim

damages

Implied consent to be sued:

-state enters into a contract

-state files a complaint

-manifest violation in of right to due process

*Ministerio v City of Cebu

- government expropriated a private property but did not pay just compensation

SC: The government is guilty of manifestly violating the right of the owner the private

property. Therefore, the court granted the right to claim.

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State being sued the subject matter may either be a:

a.

Government agency

Incorporatedagencies that have their OWN charter = they CAN be sued

e.g.: state university, GSIS, DBP, Landbank, SSS, LGU

Unincorporatedagencies that do NOT have their own charter

e.g. DOJ, DENR

*Can unincorporated government agencies be sued?

- It depends, if they performing strictly governmental functions (jus imperii) they

CANNOT be sued. But if they are performing strictly proprietary functions (jus gestionis)

they CAN be sued.

b.

Public official

*If the official is performing a public duty on behalf of a government agency, he CANNOT be

sued.

*If he is sued on his official capacity on a basis of personal action, he CAN be sued. (abuse of

authority)