Law Dictionary

Question II-C, Political Law, 2017 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

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.

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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nemo tenetur seipsum accusare

Latin maxim. • “No one is bound to accuse himself.” (Google Translate; See Villaflor v. Summers, En Banc, G.R. No. 16444, September 8, 1920) •

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