State ImmunityGroup 11

What is State Immunity?A principle of international law which exempts a State from prosecution or suit for the violation

of the domestic laws of another state.

State Immunity in Suit Filed by Another State

• “The rule that a state may not be sued without its consent is one of the generally accepted principles of International Law that we adopted as a part of the law of the land ”

• One of the attributes of the state is the right of equality.

• Akin to the right of equality of state is the International Law principle “par in parem non habet imperium” or an equal has no dominion over an equal, which is the basis of the doctrine of state immunity.

• Under the maxim of “par in parem non habet imperium,” a State cannot assume jurisdiction over a case lodged against another State unless the latter gives consent to be sued.

State Immunity in a Suit Filed by an Individual

• The Constitution expressly adheres to the postulate of state immunity.

• The doctrine of non-suability of a State is also a manifestation of republicanism.

Consent to be Sued

The Immunity of the State from Suit may be waived expressly or Impliedly.

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.

General Law

• Commonwealth Act No. 327 requires that all money claims against the government must be filed with the Commission on Audit, which must act upon it within 60 days.

• Rejection of the claim will authorize the claimant to elevate the matter to the Supreme Court on certiorari, and in effect sue the State thereby.

Special Law

• A special law may be passed to enable a person to sue government for an alleged quasi-delict.

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.

Business Contract

• The State by implication gives it its consent to be sued by entering into a business contract.

Complaint • If the state filed a complaint, one of the

procedural remedies for the defendant is to file a counter-claim.

STATE IMMUNITY

Right of Just Compensation

• Even if the State does not give its consent, express or implied, to be sued, the government cannot invoke the defense of non-suability of State to perpetrate an injustice on a citizen whose private property was taken for public use without just compensation.

Suit against the Philippines

• It is very hard to determine if the suit filed against the State. If the republic of the Philippines is expressly included in the complaint as defendant or respondent, it is definitely a suit against the State.

Suit against Government Agencies and Officials

• So as not to dismiss outright a case filed against the State, the plaintiff or petitioner usually will not mention in his complaint or petition the Republic of the Philippines as defendant or respondent.

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.

2. Incorporated Agency

Incorporated government agencies being juridical persons have their own personality, which is different and distinct from that of the State.

Public Officials

• The mere invocation of official charter will not suffice to insulate a public official from suability and liability for an act imputed to him as a personal tort committed without or excess of his authority.