| can the State be sued? | Art. XVI, Sec. 3. The State may not be sued without its consent. |
| When is a suit against the State? | A suit is against the State, regardless of who is named as the defendant, if it produces adverse consequences to the PUBLIC TREASURY in terms of DISBURSEMENT of PUBLIC FUNDS and LOSS of GOVT PROPERTY. |
| When the purpose of the suit is to COMPEL an OFFICER CHARGED with the duty of making payments pursuant to an APPROPRIATION made by law in favor of the plaintiff to make such payment. SUIT AGAINST THE STATE? | NOT A SUIT AGAINST THE STATE.
For in this case, the suit is not really against the State, the State having acknowledged its liability to the plaintiff through the enactment of an appropriation law. Rather, the suit is intended to compel performance of a ministerial duty |
| When from the allegations in the complaint, it is clear that the respondent is a public officer sued in a private capacity. SUIT AGAINST THE STATE? | NO |
| When the action is not in personam with the government as the named defendant, but an action in rem that does not name the government in particular. SUIT AGAINST THE STATE? | NO.
In Republic v Feliciano (148 SCRA 424), a suit against the government for the recovery of possession and ownership of land based on a possessory information was disallowed by the SC on the ground that a suit for the recovery of property is an action "in personam" which seeks to bring the State to court just like any private person who is claimed to usurp a piece of property. What the plaintiff should have done, the Court continued, was to apply for a judicial confirmation of imperfect title under Sec. 48(b) of CA 141, which is an "action in rem", i.e., one directed against the whole world, and not the government in particular. |
| Rationale of non-suability of the State | there can be no legal right as against the authority that makes the law on which the right depends |
| Can a foreign state invoke immunity from suit in the Philippines? | yes. The doctrine of sovereign immunity from suit may be invoked by any foreign state when it is sued in the country just as the Philippines may invoke sovereign immunity from suit filed in a foreign country, and except when it waives it, the suit will fail (The Holy See v. Rosario Jr., 228 SCRA 524 [1994]). |
| how is express consent made? | Express consent may be made through a GENERAL LAW or a SPECIAL LAW |
| how is implied consent made? | Implied consent arises when the State itself COMMENCES litigation, thus opening itself to a counterclaim, or when it ENTERS into a CONTRACT in its PROPRIETARY CAPACITY but not in its sovereign or governmental capacity |
| instances where a suit is considered against the state | a. When the REPUBLIC is sued by NAME;
́b. When the suit is against an UNINCORPORATED GOVT AGENCY;
́c. When the suit is on its face against a GOVT OFFICER but the case is such that ultimate LIABILITY will belong not to the officer but to the GOVERNMENT.
In all the above instances, suability depends on whether the State has consented to be sued (Bernas, The 1987Philippine Constitution: AComprehensive Reviewer, 2011 Ed., p.530). |
| If a government agency was vested by law with a juridical personality separate and distinct from that of the State. CAN IT BE SUED? | YES
A suit against it will not amount to a suit against the State, since it has a separate juridical personality. |
| They are agencies of the State when they are engaged in governmental functions and, therefore, should enjoy the sovereign immunity from suit. However, they are subject to suit even in the performance of such functions because their respective charters provide that they can sue and be sued | MUNICIPAL CORPORATIONS |
| Where a public officer has committed an ultra vires act, or where there is a showing of bad faith, malice or gross negligence, the officer can be ___? | held personally accountable, even if such acts are claimed to have been performed in connection with the official duties (Wylie v. Rarang, 209 SCRA 357) |
| Is the Rule that the State may not be sued at all, Absolute? | no. State may at times be sued. The State's consent may be given either expressly or impliedly. |
| What is the Restrictive Doctrine of State Immunity from Suit? | The restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign, its commercial activities or economic affairs. |
