Doctrine of State Immunity

 

  In this case, the defendant is entitled to file a

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counterclaim against it. B.  When it enters into a contract   The State is deemed to have divested itself of the mantle of sovereign immunity and descend to the level of the ordinary individual.   It becomes subject to judicial action and process.   Suability would follow only if the contract is entered into by the government in its proprietary capacity   Governmental contracts do not result in implied waiver of the immunity of the State from suit

Basis:   Indiscriminate suits against the State will result in the impairment of its dignity, besides being a challenge to its supposed infallibility   The logical and practical ground that there can be no legal right against the authority which makes the law on which the right depends   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. 

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Par in parem non habet imperium  imperium    –  principle of the

When the State gives its consent to be sued, it does not thereby

sovereign equality of States, under which one State cannot assert jurisdiction over another.

also consent to the execution of the judgment against it. Such execution will require another waiver, lacking which the decision cannot be enforced against the State.

Application  Application    The usual practice is to file such claims not against the State itself, but against the officer of the government who is supposed to discharge the responsibility or grant the redress demanded.   Instances when a public officer may be sued in his official capacity without the necessity of first obtaining the consent of the State to be sued   o   A A public officer may be impleaded to require him to do a duty required by law o  To restrain him from doing an act alleged to be unconstitutional or illegal o  To recover from him taxes unlawfully assessed or collected 

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Suit against Government Agencies Where the suit filed is against one of the government entities, it must be ascertained whether or not the State has given its consent to be sued. Ascertainment will depend on whether the government agency impleaded is incorporated or unincorporated.   Incorporated agency  agency   –– has a charter of its own that invests it with a separate juridical personality (i.e. SSS, UP) Test of Suability    –– found in its charter. It is suable if its charter says so, and is true regardless of the functions it is performing) (Charter  – a formal document giving rights and privileges) 

Municipal corporations like provinces and cities, though agencies of the State when engaged in governmental functions and therefore should enjoy sovereign immunity from suit, are still subject to suit because their charter provides that they can sue and be sued.

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only ly of title or ppossession ossession of prop property erty   An action filed for recovery on claimed to be held by him in his official capacity

The test is whether the decision when rendered against the public officer impleaded, enforcement thereof will require an affirmative act from the State (i.e. appropriation of the needed amount to satisfy the judgment.)

  Unincorporated agency  –  has no separate juridical

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personality but is merged in the general machinery of the government (i.e. Department of Justice, Bureau of Mines, Government Printing Office) o  Necessary to determine the nature of the  primary functions in which the agency is engaged. Proprietary functions  – suable Governmental functions  – not suable

 Where a public officer acts without or in excess of jurisdiction,

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any injury caused by him is his own personal liability and cannot be imputed to the State. Waiver of Immunity   The State may, if it so desires, divest itself of its sovereign immunity and thereby voluntarily open itself to suit.   The State may be sued if it gives its consent. Forms of Consent 1.  Express Express   –  must be embodied in a duly enacted statute and may not be given by a mere counsel of the government  A.  General law i.   Act No. 3083  – declares that the Government of the Philippine Islands hereby consents and submits to be sued upon any moneyed claims involving liability arising from contract, express or implied, which could serve as a basis of civil action between parties. ii.  C.A. No. 327 as amended by P.D. No. 1445  –  a claim against the government must be filed with the Commission on Audit. Rejection of the claim will authorize the claimant to elevate the matter to the Supreme Court on certiorari. B.  Special law 

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i. Special law an enacted by theto Philippine authorizing individual sue the Legislature Philippine Government for injuries he had sustained when his motorcycle collided with a government ambulance. 2.  Implied   - when the State itself:  A.  Commences litigation

Exemption from Legal Requirements  Requirements    When the State litigates, it is not required to put up a bond for damages, or an appeal bond, since it can be assumed that it is always solvent.   Neither can it be asked to pay the legal fees prescribed in the Rules of Court or the costs of the suit.   Interest is also not chargeable against it. EXCEPTION: 1. When it has expressly stipulated to pay it 2. When interest is allowed by an act of the legislature 3. in eminent domain cases where damages sustained by the owner take the form of interest at the legal rate. 

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