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File No. 2
e. Doctrine of State Immunity from Suit
Article XVI, Sec. 3, CONSTITUTION
:
The State may not be sued without its consent.
Sec. 3, Art. XVI of the Constitution.
:
There can be no legal right against the authority which
makes the
law on which the right depends.
CASES
Forms of Consent
1. Express consent
2. Implied consent
i)
express consent
1.
When he law expressly grants the authority to sue the State or
any of its agencies.
2.
Examples:
a. A law creating a government body expressly
providing that such body may sue or be sued.
b. Art 2180 of the Civil Code, which creates liability against the
State when it acts through a special agent.
CASES
Under its charter (RA 1161, Sec. 4K) the SSS can sue and be sued.
So, if assuming that the SSS enjoys immunity from suit as an entity
performing governmental functions by virtue of the explicit provision
of the enabling law, it can be sued. The government must be deemed
to have waived immunity in respect of the SSS, although it does not
thereby concede its liability (SSS vs. CA, 120 SCRA 707).
ii)
implied consent
1. When the State enters into a private contract. The contract must be
entered into by the proper officer and within the scope of his
authority.
UNLESS: the contract is merely incidental to the
performance of a governmental function.
2. When the State enters into a business contract. UNLESS: The
operation is incidental to the performance of a governmental function
(e.g. arrastre services). Thus, when the State conduct business
operations through GOCC, the latter can be generally be sued, even if
its charter contains no express sue or be sued clause.
Jure Gestionis by right of economic or business relations, may be sued
(US v. Guinto, 182 SCRA 6440;
Jure Imperii by right of sovereign power, in the exercise of sovereign
functions. No implied consent (US v. Ruiz, 136 SCRA 487);
3. When it is a suit against an incorporated government agency
Unincorporated
a. Performs governmental functions: not suable without State consent
even is performing proprietary function incidentally.
b. Performs proprietary functions: suable.
4. When the State files suit against a private party UNLESS: the suit is
entered into only to resist a claim..
CASES
The claim for damages for the use of property against the
intervenor dependant Republic of the Philippines to which it was
transferred cannot be maintained because of the immunity of the
State from suit. The claim obviously constitutes a charge against, or
financial liability to, the Government and consequently cannot be
entertained by the courts except with the consent of the government
(Lim vs. Brownell, 107 Phil 344).
When the government takes any property for public use, which is
condition upon the payment of just compensation, to be judicially
ascertained, it makes manifest that it submits to the jurisdiction of a
court. The Court may proceed with the complaint and determine the
compensation to which the petitioner are entitle (Ministerio vs. CFI, 40
SCRA 464).
iii)
Consent to execution
CASES
The rule is and has always been that all government funds
deposited in the PNB or any other official depositary of the Philippine
Government by any of its agencies or instrumentalities remain
government funds and may not be subject to garnishment or levy, in
the absence of a corresponding appropriation as required by law.
Even though the rule as to immunity of a state from suit is relaxed,
the power of the courts ends when the judgment is rendered. The
functions and public services rendered by the State cannot be
allowed to be paralyzed or disrupted by the diversion of public funds
from their legitimate and specific objects, as appropriated by law.
However, the rule is not absolute and admits of a well-defined
exception, that it, when there is a corresponding appropriation is
required by law. In such a case, the monetary judgment may be
legally enforced by judicial processes (City of Caloocan vs. Allarde, GR
107271, Sept. 10, 2003).
iv)
Suits against foreign states
/ international organizations
CASES
The Republic of the Philippines has accorded the Holy See the
status of a foreign sovereign. The privilege of sovereign immunity in
this case was sufficiently established by the memorandum and
certification of the Department of Foreign Affairs. Where the plea of
immunity is recognized and affirmed by the executive branch, it is
the duty of the courts to accept this claim so as not to embarrass the
executive arm of the government in conducting the countrys foreign
relations. Pursuant to the 1961 Vienna Convention on Diplomatic
a)
Natural-born citizens:
1. Citizens of the Philippines from birth who do not need to perform any
act to acquire or perfect their Philippine citizenship.
2. Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987
Constitution.
CASES
ii)
acquisition
1.
Modes
of
By birth
3.
By marriage:
Marriage of Filipino with an alien:
General Rule:
The
Filipino
retains
Philippine
citizenship.
Exception:
If, by their act or omission they are
deemed under the law to have renounce it.
CASES
iii)
Reacquisition
Loss
and
1.
By naturalization
3.
By repatriation
CASES
Art. IV, Sec. 1 (4) states that citizens are those whose mothers are
citizens of the Philippines and upon reaching the age of majority,
elect the Philippine citizenship. A minor who has not had the
opportunity to elect Philippine citizenship, therefore, is still an alien,
his father being an alien. It is illogical that Delfin follow the
repatriation of his Filipino mother since he was never a Filipino,
therefore he could not reacquire it. No rule or right (even right of
mother to retain custody of a minor child) should frustrate
government's action against violators of immigration laws (Villahermosa
vs. Commissioner, 80 Phil 541).
There are two ways of acquiring citizenship: (1) by birth, and (2) by
naturalization. These ways of acquiring citizenship correspond to the
two kinds of citizens: the natural-born citizen, and the naturalized
citizen. A person who at the time of his birth is a citizen of a
particular country, is a natural-born citizen thereof.
As defined in the same Constitution, natural-born citizens "are those
citizens of the Philippines from birth without having to perform any
act to acquire or perfect his Philippine citizenship." On the other
hand, naturalized citizens are those who have become Filipino
citizens through naturalization, generally under Commonwealth Act
No. 473, otherwise known as the Revised Naturalization Law, which
Under the 1973 Constitution definition, there were two categories of,
Filipino citizens
which were not considered natural-born: (1)
those who were naturalized and (2) those
born before January 17,
1973, of Filipino mothers who, upon reaching the age of majority,
elected Philippine citizenship. Those "naturalized citizens" were not
considered natural-born obviously because they were not Filipinos at
birth and had to perform an act to acquire Philippine citizenship.
Those born of Filipino mothers before the effectivity of the 1973
Constitution were likewise not considered natural-born because they
also had to perform an act to perfect their Philippine citizenship.
The present Constitution, however, now considers those born of
Filipino mothers before the effectivity of the 1973 Constitution and
who elected Philippine citizenship upon reaching the majority age as
natural-born. It is apparent from the enumeration of who are citizens
under the present Constitution that there are only two classes of
citizens: (1) those who are natural-born and (2) those who are
naturalized in accordance with law. A citizen who is not a naturalized
Filipino, i.e., did not have to undergo the process of naturalization to
obtain Philippine citizenship, necessarily is a natural-born Filipino.
Noteworthy is the absence in said enumeration of a separate category
for persons who, after losing Philippine citizenship, subsequently
reacquire it. The reason therefor is clear: as to such persons, they
would either be natural-born or naturalized depending on the
reasons for the loss of their citizenship and the mode prescribed by
the applicable law for the reacquisition thereof (Bengson vs. HRET, GR
142840. May 7, 2001).
iv)
Dual citizenship
9925, RA 7160 Sec. 40
Dual Allegiance
RA
Involuntary
CASES
b)
for at least one year, and in the place wherein they propose to vote,
for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be imposed
on the exercise of suffrage.
Section 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until
then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect
the secrecy of the ballot.
i) Concept,
exercise
qualifications,
occasions
for
CASES
The right to abstain from voting for a position deserves the same
respect as the exercise of the right to vote. To compel the COMELEC
to conduct a special for the position of congressman as demanded by
petitioners would be to nullify the decisions of the voters who cast
their votes in the May 1992 elections (Caram vs. Comelec, GR No. 1052 14,
August 30, 1993).
CASES