Do government-owned or -controlled corporations also enjoy the immunity of the State from suit? Explain your answer. (3%)
Suggested Answer:
No, if their charter provides that they can sue and be sued. If the agency is incorporated, the test of its suability is found in its charter. The simple rule is that it is suable if its charter says so, and this is true regardless of the functions it is performing.
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1. Concept A public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings. (Paragraph 2, Article 131, Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of the offense: 1) The offender is a public officer or employee; and 2) He hinders…
Preliminary President – as sole organ and authority in external relations. In our system of government, the President, being the head of state, is regarded as the sole organ and authority in external relations and is the country’s sole representative with foreign nations. As the chief architect of foreign policy, the President acts as the…
PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated traffic rules. The National Bureau of Investigation conducted an entrapment operation where P01 Adrian was caught red-handed demanding and taking PhP500.00 from a motorist who supposedly beat a red light. After he was apprehended, PO1 Adrian was required to submit…
Mr. P offered to sell his Manila Polo Club shares to Ms. Q for ₱2,500,000.00. Ms. Q accepted on the condition that their agreement will not take effect until after one (1) year. Mr. P then acceded and both of them shook hands. Excited about the prospect of acquiring Mr. P’s shares, Ms. Q approached…
The doctrine of immunity from suit in favor of the State extends to public officials in the performance of their official duties. May such officials be sued nonetheless to prevent or to undo their oppressive or illegal acts, or to compel them to act? Explain your answer. (3%) Suggested Answer: Yes. Under jurisprudence, the doctrine…
Saachi opened a savings bank account with Shanghainese Bank. He made an initial deposit of PhP100,000. Part of the bank opening forms that he was required to sign when he opened the account was a Holdout Agreement which provided that, should he incur any liability or obligation to the bank, the bank shall have the…