Constitutional Law 1 (Answer)

Assignment for Friday, September 18, 2015

1.
2.
3.

D. Sovereignty
1.

Kinds of Sovereignty

If State consents to be sued, how is this consent given?

a.

By Law

Republic vs. Feliciano, supra.

Manifestations of Sovereignty

b.

When is there express consent

Money claims arising from contracts

-

When there is change of sovereignty, political laws of former sovereign are deemed abrogated.

8.

What is an Act of State

Ans: is an act done by sovereign power of a country, or by its delegate, within the limits of the power vested in him.
Cruz & Cruz, p. 47

The state may not be sued without its consent

Is there a need for this provision? Is this superfluous?

a.

Ans: The royal prerogative of dishonesty. Because it grants the State the prerogative to defeat any legitimate
claim against it by simply invoking its non-suitability.
Basis for Doctrine of Non-suability
Republic vs. Villasor, 54 SCRA 83, [L-30671] ( November 28, 1973)
b.

What is the scope when State consents to be sued?

Republic vs. Villasor, supra.
Ans: Consent to be sued does not mean admission of liability, as this depends on evidence presented before the court.
Consent to be sued does not include consent to the execution of judgment against it.

6.

When the State consents to be sued, does that mean it admits liability?
Meritt vs. Government of Philippine Islands, supra.
Fontanilla vs. Maliaman, supra.
Ans: No. The State is merely giving the plaintiff a chance to prove that the State is liable but the State retains the right
to raise all lawful defenses.

7.

How can a party execute a judgment against a government agency? By garnishment of bank deposits?

Fontanilla vs. Maliaman, 194 SCRA 486

City of Caloocan vs. Allarde [G.R. No. 107271, September 10, 2003]

Charter of GOCCs

Ans: GENERAL RULE: Government funds deposited with PNB or authorized depositories cannot be subject to
garnishment.

Charter of Cities

If its charter provides that it has the right to sue and be sued, it
is an express consent and it is suable.
If its charter is silent, inquire into its function based on the
purpose for which it was created.
a.
Proprietary if the purpose is to
obtain special corporate benefits or
earn pecuniary profit, suable.
b.
Governmental if it is in the interest
of health, safety and for
advancement of public good and
welfare, affecting the public in
general, not suable.

ISSUE: Is the writ of execution issued by Judge Villasor valid?

How did the SC explain why a State and the Government is immune from suit?
Ans: A corollary, both dictated by logic and sound sense from a basic concept is that public funds cannot be the
object of a garnishment proceeding even if the consent to be sued had been previously granted and the State liability
adjudged.

Ans: A suit is against the State if claims are filed against the officer of the government who is supposed to discharge
the responsibility or grant the redress demanded.
- That the claim if proved will be a direct liability of the State and not merely of the officer impleaded.

5.

EXEPT:
a.
b.
8.

c.

By Implied Consent
Ans: When the state commences litigation, it becomes
vulnerable to counterclaim.

Where law or ordinance has already been enacted appropriating a specific amount to pay a valid
governmental obligation.
Funds belonging to government corporations which can sue and be sued that are deposited with a bank.

Does other States enjoy immunity from suit?

General rule : Yes because of par in parem non habet imperium An equal has no power over an equal.
And
jus imperii right of eminent domain
Exceptions jus gestiones proprietary rights
o

Ans: Incorporated has a charter of its own.

WHO: RP, Hon. Guillermo Villasor.

WHAT: Certiorari and prohibition proceeding challenges the validity of an order issued by Judge Villasor (July 3, 1961)
WHERE: Court of First Instance Cebu
WHEN: July 7, 1969
HOW: Judge Villasor rendered a decision in favor of P. J. Kiener Co., Ltd., Gavino Unchuan, and International
Construction Corporation against RP, confirming the arbitration award in the amount P1,712,396.40 and issued and
order declaring aforestated final and executor.

Republic vs. Feliciano, 148 SCRA426 [L-70853] (March 26, 1987)

Rejection of the claim authorizes the

claimant to elevate the matter to the
Supreme Court on certiorari.

If its charter is silent, inquire into its function based on the

purpose for which it was created.
a.
Proprietary if the purpose is to
obtain special corporate benefits or
earn pecuniary profit, suable.
b.
Governmental if it is in the interest
of health, safety and for
advancement of public good and
welfare, affecting the public in
general, not suable.

What is another term for this doctrine?

When is a suit against a State and when is it not?

Ans: If its charter provides that it has the right to sue and be sued, it is an express consent
and it is suable.

If its charter provides that it has the right to sue and be sued, it
is an express consent and it is suable.

(b) The doctrine is based not on any formal conception or obsolete theory but on the logical and practical ground that
there can be no legal right against the authority which makes the law on which the right depend.

3.

COA must act upon the claim within

60 days.

Torts

Palafox vs. Province of Ilocos Norte, 102 Phil. 1186 [L-1659]

Municipality of San Fernando vs. Judge Firme, 195 SCRA 692

Incorporated has a charter of its own.

Ans: Yes. Because:

(a) This provision is merely recognition of the sovereign character of the State and express affirmation of the unwritten
rule insulating it from jurisdiction of the courts of justice.

Ans:

Meritt vs. Government of the Philippine Islands, 34 Phil. 311

Ans: Yes. Because:

2.

iii.

Art. 2176 Whoever by act of omission causes damage to

another, there being fault or negligence, is obliged to pay for the
damages done. Such fault or negligence, if there is no preexisting contractual relation between parties, is called QUASIDELICT.

Constitution, Article XVI, Section 3

Can the State invoke immunity when it expropriates private

property?

Ans: Where a private property is to be taken in expropriation without just compensation being paid, the defense of immunity from suit cannot be set up by the
State against an action for payment by the owners.

Money claims arising from contracts

which could serve as basis of civil
action between private parties to be
first filed with COA before a suit may
be filed in court.

The obligations imposed by Art. 2176 is demandable not only for

ones own acts or omissions, but also for those of persons
whom one is responsible.

E. Doctrine of State Immunity from Suit (Sovereign Immunity)

(a) Indiscriminate suits against the State will result in the impairment of its dignity.
(b) Demands and inconveniences of litigation will divert the time and resources of the State from the more pressing
matters demanding its attention.

Ans: When the claim, if proved, will be a direct liability of the State and not
merely of the public officials impleaded.
ii.

What is a quasi-delict? Civil Code, Article 2180

N.B. The above outline will just complete the discussion on Sovereignty as one of the four elements of a State. This will not be covered by the quiz nor
recitation.

1.

Ministerio vs. City of Cebu, 40 SCRA 464 [L-31635] (1971)

Quasi-delicts committed by special agents?

Ans: Political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated,
unless they are expressly re-enacted by the affirmative act of the new sovereign.

When the State commences litigation. Why?

When the suit against public officials deemed suit against the State.

Ministerio vs. City of Cebu, supra.

Commissioner of Highways vs. San Diego, 31 SCRA 616 (Feb. 18, 1970)

Express consent may be manifested either through a general law or a special law.

People vs. Perfecto, supra.

Macariola vs. Asuncion, supra.

1.

By Express Consent as amended by PD 1445

ii.

Suspension of political laws binds only civilians

Not for treason
Laurel vs. Misa, supra.

In this case, trial court dismissed the case filed against the Bureau of Plant
Industry. How did the SC rule on the dismissal? Why?
iii.

Note: LGUs have the power to sue

and be sued (LOCAL GOVT CODE,
Sec 22, Par. (2))

Political laws of occupied country merely suspended (From standpoint of the displaced Government)

a.
b.
7.

General Law CA 327

Money claims arising from contracts
which could serve as basis of civil
action between private parties to be
first filed with COA before a suit may
be filed in court.
COA must act upon the claim within
60 days.
Rejection of the claim authorizes the
claimant to elevate the matter to the
Supreme Court on certiorari.

Co Him Chan vs. Valdez Tan Keh, 75 Phil. 113

Peralta vs. Director of Prisons, 75 Phil. 285

In jure imperii by right of sovereign power and in the exercise of sovereign

functions. THERE IS NO IMPLIED CONSENT.

Santiago vs. Republic, 87 SCRA 294 (1978)

i.

Ans: Sovereignty is:

a.
Permanent
b.
Exclusive
c.
Comprehensive
d.
Absolute
e.
Indivisible
f.
Inalienable
g.
Imprescriptible

6.

In jure
gestionis
by right
of
economic
or
commercial or
The State may be

ii. When it would be inequitable for the Government to claim immunity?

Attributes of Sovereignty

Even if acts of sovereignty cannot be exercised by the legitimate authority, sovereignty is not deemed suspended.

2.

(Waiver of State immunity can only be made by a legislative act . Why?)

Laurel vs. Misa, 77 Phil. 856 in Cruz & Cruz, p. 43

IPIECAI

5.

business relations;
proprietary acts.
sued.

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

a.
External power of the state to direct its relations with other states, is also known as independence.
b.
Internal (personal) power of the state to control its domestic affairs.
c.
Extra-territorial
Cruz & Cruz, p. 43
4.

When Government enters into a business contract

1.

4.

a.
Legal is the authority which has the power to issue final commands.
b.
Political is the power behind legal sovereign, or the sum of the influences that operate upon it.
Cruz & Cruz, p. 43
3.

i.

Definition of Sovereignty
Cruz & Cruz, p. 43
Ans: Is the supreme and uncontrollable power inherent in a State by which that state is governed.

2.

EXEPT: When the State intervenes not for the purpose of asking
for any affirmative relief, but only for the purpose of resisting the
claim precisely because of immunity from suit.

The Republic is sued by name

The suit is against an unincorporated agency; or
When the suit is on its face against a government officer but the case is such that ultimate liability will
belong not to the officer but to the government.

where a private property is to be taken in expropriation without

just compensation being paid, the defense of immunity from suit
cannot be set up by the State against an action for payment by
the owners.

Note: The doctrine of sovereign immunity was not an instrument for perpetrating any injustice on a citizen.
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