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ACT NO.

3083 - AN ACT DEFINING THE


CONDITIONS UNDER WHICH THE GOVERNMENT
OF THE PHILIPPINE ISLANDS MAY BE SUED
Section 1. Complaint against Government. Subject to
the provisions of this Act, the Government of the
Philippine Islands hereby consents and submits to be
sued upon any moneyed claim involving liability arising
from contract, expressed or implied, which could serve
as a basis of civil action between private parties
Sec. 2. A person desiring to avail himself of the
privilege herein conferred must show that he has
presented his claim to the Insular Auditor 1 and that
the latter did not decide the same within two months
from the date of its presentation.
Sec. 3. Venue. Original actions brought pursuant to
the authority conferred in this Act shall be instituted in
the Court of First Instance of the City of Manila or of the
province were the claimant resides, at the option of the
latter, upon which court exclusive original jurisdiction is
hereby conferred to hear and determine such actions.
Sec. 4. Actions instituted as aforesaid shall be
governed by the same rules of procedure, both original
and appellate, as if the litigants were private parties.
Sec. 5. When the Government of the Philippine Island is
plaintiff in an action instituted in any court of original
jurisdiction, the defendant shall have the right to assert
therein, by way of set-off or counterclaim in a similar
action between private parties.

Approved: March 16, 1923.


COMMONWEALTH ACT NO. 327 - AN ACT FIXING
THE TIME WITHIN WHICH THE AUDITOR GENERAL
SHALL RENDER HIS DECISIONS AND PRESCRIBING
THE MANNER OF APPEAL THEREFROM
Section 1. In all cases involving the settlement of
accounts or claims, other than those of accountable
officers, the Auditor General shall act and decide the
same within sixty days, exclusive of Sundays and
holidays, after their presentation. If said accounts or
claims need reference to other persons, office or
offices, or to a party interested, the period aforesaid
shall be counted from the time the last comment
necessary to a proper decision is received by him. With
respect to the accounts of accountable officers, the
Auditor General shall act on the same within one
hundred days after their submission, Sundays and
holidays excepted.

In case of accounts or claims already submitted to but


still pending decision by the Auditor General on or
before the approval of this Act, the periods provided in
this section shall commence from the date of such
approval.
Section2. The party aggrieved by the final decision of
the Auditor General in the settlement of an account for
claim may, within thirty days from receipt of the
decision, take an appeal in writing:

Sec. 6. Process in actions brought against the


Government of the Philippine Islands pursuant to the
authority granted in this Act shall be served upon the
Attorney-General 2 whose duty it shall be to appear
and make defense, either himself or through delegates.

(a) To the President of the United States, pending the


final and complete withdrawal of her sovereignty over
the Philippines, or

Sec. 7. Execution. No execution shall issue upon any


judgment rendered by any court against the
Government of the Philippine Islands under the
provisions of this Act; but a copy thereof duly certified
by the clerk of the Court in which judgment is rendered
shall be transmitted by such clerk to the GovernorGeneral, 3 within five days after the same becomes
final.

(c) To the Supreme Court of the Philippines if the


appellant is a private person or entity.

Sec. 8. Transmittal of Decision. The GovernorGeneral, 4 at the commencement of each regular


session of the Legislature, 5 shall transmit to that body
for appropriate action all decisions so received by him,
and if said body determine that payment should be
made, it shall appropriate the sum which the
Government has been sentenced to pay, including the
same in the appropriations for the ensuing year.
Sec. 9. This Act shall take effect on its approval.

(b) To the President of the Philippines, or

If there are more than one appellant, all appeals shall


be taken to the same authority resorted to by the first
appellant.
From a decision adversely affecting the interests of the
Government, the appeal may be taken by the proper
head of the department or in case of local
governments by the head of the office or branch of the
Government immediately concerned.
The appeal shall specifically set forth the particular
action of the Auditor General to which exception is
taken with the reasons and authorities relied on for
reversing such decision.
Section3. This Act shall take effect upon its approval.
Approved: June 18. 1938.