Chapt4 Doctrine Of State Of Immunity

Question 0

2 forms of consent of the State

Answer 0

1 express

2 implied

Question 1

The doctrine of state immUnity

Answer 1

The constitution declares, rather superfluously (unnecessary), that “THE STATE MAY NOT BE SUED WITHOUT ITS CONSENT.”

Question 2

Express c.

Answer 2

May be manifested through a General law or Special law.

Question 3

Implied c.

Answer 3

Given when the State itself 1)commences litigation (legally argue,disagree- eng.dic) or when 2)it enters into a Contract.

Question 4

Express gen.law example

Answer 4

Act No. 3083, declares that “ the Government of the Phil. Islands hereby consents & submits to be sued upon any money claim involving liability arising from contract, express or implied, which could serve as a basis of civil action bet. private parties.”

Question 5

Express consent Special law example

Answer 5

The special law enacted by the Philippine Legislature authorizing an individual to sue the Philippine government for injuries he had sustained when his motorcycle collided with a government ambulance.

Question 6

Suability

Answer 6

Is the result of the express or implied consent of the State to be sued

Question 7

Liability

Answer 7

Is determined after hearing on the basis of the relevant laws and the established facts.