Question II-C, Political Law, 2017 Bar Exam

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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