Constitutional Law Notes

Doctrine of Immunity - There can be no legal right against the authority which makes the law on which the right depends.

Ways foreigners may be sued:

- Engaged regularly there in a business or trade

- Contracts purely commercial/private or proprietary acts,

Jure imperii - sovereign or governmental activities

Jure gestionis - commercial, private & proprietary acts

Jure imperii exception:

- without just compensation ( exercise of its power of eminent domain, when done without payment of just compensation )

When can public o cer be sued in his o cial capacity without obtaining consent of state

- if recovery only of title or possession of property claimed by him in his o cial capacity.

- Except recovery for damages

- if o cer can comply with the decision of the court without the necessity of involving the state.

- if acts without or excess in jurisdiction, any injury caused him in his own personal liability and cannot be imputed to the state.

Restrictive theory - the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state not with regard to private or acts jure gestionis.

Classical Theory - A sovereign cannot, without its consent, be made a respondent in the courts of another sovereign.

When plea of immunity is recognized & a rmed by the executive branch, duty of courts to accept this claim.

Only Department of Foreign A airs authority to make a determination of immunity from suit.

Consent of State

Express - general law & special law

- Act No. 3083: "Gov of the Philippines Islands hereby consents & submits to be sued upon any moneyed claim involving liability arising from contract, express or implied, which could serve as a basis of civil action between private parties.

CA No. 327 amended by PD No. 1445

- A claim against government must be led rst with the COA which must act upon it within 60 days

- rejection results to authorize claimant to elevate matter to Supreme Court on certiorari & in e ect sue state with consent.

Special Law - authorizing an individual to sue the Philippines government for injuries he sustained when motorcycle collided with ambulance.

DOI from suit cannot serve as an instrument for perpetuating an injustice on a citizen.

Suit can prosper because no involvement of money claim against the State.

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Implied when the State itself commences litigation or when it enters into a contract.

Certiorari - A writ or order by which the higher court reviews the decision of the lower court.

Activities of States have multiplied, it has been necessary to distinguish them between sovereign & government acts and private, commercial and proprietary acts. The result is that only acts jure imperii.

A State may said to have descended to the level of an individual and thus can be deemed to have tacitly given its consent to be sued only when it enters into business contracts. (Does not apply to contract relating to the exercise of sovereignty functions)

State gives consent to be sued =\= State consent to the execution of the judgement against it.

Public funds cannot be the object of garnishment proceedings even if the consent to be sued has been previously granted & the State liability adjudged.

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The functions & public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate & speci c objects, as appropriated by law.

Levy - amount of money that you need to pay to a government or organization.

- the taking of property upon a writ of execution issued by a court to in order to pay o the money owned on a judgement by the loser in lawsuit.

Judicial Personality - a legal entity created by law which is not a natural person that has a distinct identity & legal rights & obligations under law.

Governmental properties are not subject to levy and execution

- property of a municipal or other public corporation is sought to be subjected to execution to satisfy judgement recovered against such corporation.

1. Property held for public uses are not subject to levy

2. Municipal corporation owns in its proprietary capacity for quasi-private (can be subject/or maybe seized & sold under execution against the conm)

3. Property held for public purposes if wholly abandoned, such property becomes subject to execution.

Interest not chargeable except:

1. When expressly stipulated to pay it

2. Interest allowed by an act of legislative

3. In imminent domain cases where damages sustained by the owner take the form of interest at the legal rate

Incorporated agency [college, central bank, National Power corporation & Ph National railways] - has a charter (can be suable if charter says so) of its own that invests it with a separate juridical personality.

Unincorporated agency has no separate juridical personality.

Exceptions: Municipal corporations (provinces & city) subject to suit even in performance of functions because charter provides that they can sue & be sued.

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When the State litigates, it is not required to put up a bond for damages or an appeal bond since it can be assumed it is always solvent. Land Bank exempt for payment of costs of suit. National Power Corporations & Government Service Insurance System -> not exempt for paying ling fee. [DOES NOT APPLY TO GOVERNMENT OWNED OR CONTROLLED CORPORATIONS]

Waiver of immunity from suit

- Agreement to submit any dispute to arbitration

- without just compensation

- Contracts is commercial, proprietary, private

- Act No. 3083

- Rejection of claim

Immunity from suit

Unincorporated agency

- even if engaged, not only in government function but also as a sideline of incidentally in proprietary enterprises.

Statute of Limitation do not run against State unless the contrary is expressly provided by law, although this rule is not observed where the State is engaged in private business.

Suability vs Liability = Waiver of immunity by the State =\= concession of its liability

Suability depends on the consent of the state to be sued. Liability on the applicable law & the established facts.

Article 2180 of Civil Code

State shall be responsible for torts only when in acts through a special agent & not when the damage has been caused by the o cial or employee to whom the task done property pertains.

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Municipal corporations are generally not liable for torts commited by them in the discharge of governmental functions & can be held answerable only if it can be shown that they were acting in a proprietary capacity.