sovereign immunity official immunity

state cannot be sued without its consent government officials in the performance of their
(governmental acts) duties

(1) act 3083 for money claims sovereign (/)

(2) implied consent proprietary (x) torio v. fontanilla
(3) special laws

(government can be sued)

Note:
(1) mandamus
(2) unconstitutional acts, but G.R: binding for official
capacity; rarely in a personal capacity
(3) art 2189, 2180, civil code

liability laws/grounds evidence required procedure

civil sec. 38, admin code preponderance of civil procedure

art. 32,34,27, civil code evidence

administrative civil service law substantial evidence civil procedure; service

law

criminal pp. guilt beyond reasonable criminal procedure

doubt

Key concepts:
(1) prejudicial question
(2) discretionary: (a) executive; (b) legislative; (c) judicial
ministerial: (a) malfeasance; (b) misfeasance; (c) nonfeasance
(3) superior officers, for subordinate officers G.R.: arias v. sandiganbayan
subordinate officers: (a) unlawful; (b) unconstitutional
(4) official act, but gad
(5) liability for contracts entered into personal capacity for unauthorized expenditure (marina v. coa)
(6) csc v. dacoycoy interested party
(7) impeachment
(8) jurisdiction of sandiganbayan

disciplining covered officials extent of preventive grounds length of period

authority penalty suspension
csc

local chief
executive

ombudsman