FACTS: Merrit was riding a motorcycle along Padre Faura

Street when he was bumped by the ambulance of the General

Hospital. Merrit sustained severe injuries rendering him unable
to return to work. The legislature later enacted Act 2457
authorizing Merritt to file a suit against the Government in order
to fix the responsibility for the collision between his motorcycle
and the ambulance of the General Hospital, and to determine
the amount of the damages, if any, to which he is entitled. After
trial, the lower court held that the collision was due to the
negligence of the driver of the ambulance. It then determined
the amount of damages and ordered the government to pay the
same.

ISSUES:

1. Did the Government, in enacting the Act 2457, simply waive

its immunity from suit or did it also concede its liability to the
plaintiff?

2. Is the Government liable for the negligent act of the driver of

the ambulance?

HELD:

1. By consenting to be sued a state simply waives its immunity

from suit. It does not thereby concede its liability to plaintiff, or
create any cause of action in his favor, or extend its liability to
any cause not previously recognized. It merely gives a remedy
to enforce a preexisting liability and submits itself to the
jurisdiction of the court, subject to its right to interpose any
lawful defense.

2. Under the Civil Code, the state is liable when it acts through
a special agent, but not when the damage should have been
caused by the official to whom properly it pertained to do the act
performed. A special agent is one who receives a definite and
fixed order or commission, foreign to the exercise of the duties
of his office if he is a special official. This concept does not
apply to any executive agent who is an employee of the acting
administration and who on his own responsibility performs the
functions which are inherent in and naturally pertain to his office
and which are regulated by law and the regulations. The driver
of the ambulance of the General Hospital was not a special
agent; thus the Government is not liable. (Merritt vs
Government of the Philippine Islands, G.R. No. L-11154, March
21 1916, 34 Phil. 311)

NOTE:

■ The State is responsible in like manner when it acts through a

special agent; but not when the damage has been caused by
the official to whom the task done properly pertains. (Art. 2180
par. 6, Civil Code)

■ The state is not responsible for the damages suffered by

private individuals in consequence of acts performed by its
employees in the discharge of the functions pertaining to their
office, because neither fault nor even negligence can be
presumed on the part of the state in the organization of
branches of public service and in the appointment of its
agents. (Merritt vs. Government of the Philippine Islands)
■ The State is not liable for the torts committed by its officers or
agents whom it employs, except when expressly made so by
legislative enactment. The government does not undertake to
guarantee to any person the fidelity of the officers or agents
whom it employs since that would involve it in all its operations
in endless embarrassments, difficulties and losses, which would
be subversive of the public interest. (Merritt vs. Government of
the Philippine Islands)