Professional Documents
Culture Documents
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State Immunity
Group 11
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What
A principle is State law
of international Immunity?
which exempts a
State from prosecution or suit for the violation
of the domestic laws of another state.
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4
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Consent to be Sued
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Express Consent
The intent of the State in allowing itself to
be sued must be clear and without doubt.
The consent of the State to be sued must
emanate from statutory authority.
Waiver of the state immunity can only be
made by an act of legislative body.
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General Law
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Special Law
Implied Consent
Consent of the state to be sued is implied
when it enters into a business contract and
when it files a suit exposing it of being sued
through a counterclaim.
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Business Contract
Complaint
If the state filed a complaint, one of the
procedural remedies for the defendant is
to file a counter-claim.
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STATE IMMUNITY
GENERAL
LAW
EXPRESSED
SPECIAL
CONSENT LAW
IMPLIED BUSINESS
CONTRACT
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Government Agencies
Two Kinds :
1.Unincorporated Agency
Such as the DOJ, DOF, AFP, PNP,
NBI, BOC, are not created by law. Are
mere extensions of the personality of the
State.
The properties, rights and obligations
of unincorporated agencies all belong to
the state.
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2. Incorporated Agency
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Public Officials
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