Is the act of the public Will the judgment

Immunity Unauthorized acts of public officials or officers are not acts of the
Restrictive Application of official against such officials
require the state itself from suit state, and an action against the officials or officers by one whose
• Unconstitutional
State Immunity from Suit • Unauthorized, to perform an rights have been invaded or violated by such acts, for the
affirmative act to can be
illegal, or criminal protection of his rights, is not a suit against the State within the
No • Done with malice
No
satisfy the same, such
as the appropriation of
invoked. rule of immunity of the State from suit. The doctrine of
or bad faith
• Beyond the scope the amount needed to
Yes * The suit Case governmental immunity from suit cannot serve as an instrument
of authority? pay the damages
awarded against them? must be dismissed. for perpetrating an injustice on a citizen (i.e. Expropriation without
regarded as just compensation) [Shauff v CA, Amigable v. Cuenca, oiMinisteri v
Is there a against the state
City of Cebu]
consent, Yes No itself although
the state has
either express
not been It cannot also be invoke in a proceeding against the State for
or implied,
Yes formally revocation of a donation on the ground of failure to comply with
from the State impleaded.
the stipulated conditions, as it doesn’t involve a money claim
to be sued?
against the State. [Santiago v Republic]

Yes Consent
1. Express
1. Embodied in a duly enacted statute. It may not be given by a mere counsel of the government
Suit is filed [Republic v Purisima].
against the 1. General law (Act No. 3083)
Is the act
Local or 2. Special law (Act No. 2457, effective February 3, 1915, reads: An Act authorizing E.
sovereign/gov
Foreign State, Merritt to bring suit against the Government of the Philippine Islands and authorizing
ernmental
or its official, the Attorney-General of said Islands to appear in said suit); or
(Jure imperii)?
or its agency 2. In the case of incorporated agency, if the charter says so, and this is true regardless of the
function it is performing.
2. Implied
No 1. If the State enters into a contract that is proprietary, commercial or business in nature, or a
consents to a deed of donation. [Republic v Sandigan]
2. If the State commences the proceedings [UP v Dizon, Froilan v Pan Oriental Shipping Co,
Repubic v Sandigan]
Immunity
Is the act 3. An agreement to submit any dispute to arbitration exists. [CNMEC v Sta. Maria]
Yes from suit 4. Commonwealth Act No. 327, as amended by P.D. No. 1445, Sec 49-50 - a claim against the
proprietary/c
cannot be government must first be filed with the Commission on Audit, which must act upon it within
ommercial
(Jure invoked. sixty days. Rejection of the claim will authorize the claimant to elevate the matter to the
Gestionis)? Case shall Supreme Court on certiorari and in effect sue the State with its consent
prosper
Jure Gestionis
1. Proprietary, Commercial or Business
No
The restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions
Is the act of the foreign sovereign, its commercial activities or economic affairs. The state may be said to have descended to the
personal or not
level of an individual and thus be deemed to have tacitly (impliedly) given its consent to be sued only when it enters
within the
official Yes into business (proprietary or commercial) contracts. [Republic v Sandigan]
governmental 2. Personal or not within the official governmental function
function The action was therefore properly filed against the defendant and not against the State and no waiver of its immunity
(Jure was necessary. [Ruiz v Cabahug]. A public officer acts without or in excess of jurisdiction, any inquiry caused by him is
Gestionis)? his own personal liability and cannot be imputed to the State [Festejo v Fernando].
Traditional Application of
State Immunity from Suit

Immunity from suit is

waived. Case will
prosper.

Yes

Suit is filed
against the
Has the State
Local or
provided
Foreign State,
consent to be
or its official,
sued?
or its agency

No

Immunity from suit

can be invoked.
Case is dismissed.

There is no classification as to Jure Gestionis or Jure Imperii