Question II-A, Political Law, 2017 Bar Exam

Under the doctrine of immunity from suit, the State cannot be sued without its consent. How may the consent be given by the State? Explain your answer. (3%)

Suggested Answer:

The State may give consent either expressly or impliedly. In this jurisdiction, the general law waiving the immunity of the state from suit is found in Act No. 3083, where the Philippine government “consents and submits to be sued upon any money claims involving liability arising from contract, express or implied, which could serve as a basis of civil action between private parties.

Implied consent is conceded when the State itself commences litigation, thus opening itself to a counterclaim or when it enters into a proprietary contract. In this situation, the government is deemed to have descended to the level of the other contracting party and to have divested itself of its sovereign immunity. However, contract entered into in the exercise of its sovereign functions, the doctrine of state immunity applies.

Further, should the Government perpetrate an injustice to a citizen, it amounts to an implied waiver of immunity as well.
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