Professional Documents
Culture Documents
SUAN EH 306
1
ISSUE:
1. Whether or not PROVI can sue TESDA.
2. Whether or not the writ of garnishment is valid.
RULING:
1. No. TESDA is an unincorporated instrumentality of the government,
attached to DOLE, operating under its own charter, undertaking
governmental functions---i.e the handling of formal and non-formal
education, training, and skills development. Furthermore, the fees
charged to the trainees for the PVC card, is incidental to its
governmental function. It is a means of recovering costs and not for
profit.
2. No. TESDA’s funds are public in nature since their budget is included in
the annual General Appropriation Act. Thus, the funds being sourced
from the National Treasury belongs to the government.
Notes:
The state immunity principle covers:
1. Suit against the state
2. Suit against an unincorporated governmental agency
3. Suit against a government agency covered by a charter
4. Suit that on its face is against a governmental officer, but where the
ultimate liability will fall on the government