Professional Documents
Culture Documents
Suit
Suit is
is against
against an
an
State
State is
is Named
Named as
as a
a unincorporated
unincorporated
Party
Party government
government entity
entity
Suit
Suit is
is against
against an
an Suit
Suit is
is against
against a a public
public
incorporated
incorporated officer
officer and
and the
the ultimate
ultimate
government
government entity
entity liability
liability will
will fall
fall on
on the
the
performing
performing state
state
governmental
governmental function
function
Republic vs. Feliciano
The plaintiff has impleaded the Republic of the
Philippines as defendant in an action for recovery of
ownership and possession of a parcel of land, bringing
the State to court just like any private person who is
claimed to be usurping a piece of property. A suit for
the recovery of property is not an action in rem, but
an action in personam. It is an action directed against
a specific party or parties, and any judgment therein
binds only such party or parties. The complaint filed
by plaintiff, the private respondent herein, is directed
against the Republic of the Philippines, represented by
the Land Authority, a governmental agency created
by Republic Act No. 3844.
Sayson v. Singson
On this point, the political doctrine that "the state may not be
sued without its consent," categorically applies. As an
unincorporated government agency without any separate
juridical personality of its own, the Bureau of Customs enjoys
immunity from suit. Along with the Bureau of Internal Revenue,
it is invested with an inherent power of sovereignty, namely,
taxation. As an agency, the Bureau of Customs performs the
governmental function of collecting revenues which is definitely
not a proprietary function. Thus, private respondent's claim for
damages against the Commissioner of Customs must fail.
Shauf v. CA
The doctrine of immunity from suit will not apply and
may not be invoked where the public official is being
sued in his private and personal capacity as an
ordinary citizen. The cloak of protection afforded the
officers and agents of the government is removed the
moment they are sued in their individual capacity.
This situation usually arises where the public official
acts without authority or in excess of the powers
vested in him. It is a well-settled principle of law that
a public official may be liable in his personal private
capacity for whatever damage he may have caused
by his act done with malice and in bad faith, or
beyond the scope of his authority or jurisdiction
Express Consent to be Sued
Act No. 327
as amended
by PD 1445
General EO 292
Officers/Age
nts
Unincorpora
ted Entity
Special
Agents
Government
al
Municipal
Corporation
Proprietary
Administrative Code of 1987
Art. 24
Art. 34
Art. 2189
Art. 2176
Art. 2180, par 5.
Meritt v. Government
The state, by virtue of such provisions of law, 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; on the contrary,
we must presuppose all foresight humanly possible on its part
in order that each branch of service serves the general weal
an that of private persons interested in its operation. Between
these latter and the state, therefore, no relations of a private
nature governed by the civil law can arise except in a case
where the state acts as a judicial person capable of acquiring
rights and contracting obligations. (Supreme Court of Spain,
January 7, 1898; 83 Jur. Civ., 24.)
That the responsibility of the state is limited by
article 1903 to the case wherein it acts through a
special agent (and a special agent, in the sense in
which these words are employed, 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) so that in representation
of the state and being bound to act as an agent
thereof, he executes the trust confided to him.
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."
Suit against Local
Governments
Local Government Code