[Constitutional Law 1] Attributes of State - Immunity from Suit Flashcards
What is the General Rule regarding State Immunity? and what are its exceptions?
General Rule: The State cannot be sued.
Exceptions: Except when the State consent to be sued (Article XVI, Sec. 3 CONST)
How is consent given?
Consent is given either by:
1) Express Consent
2) Implied Consent
How is express consent for a State suit given?
Express consent to be sued may be done through:
a) General law; or
b) Special law
How is implied consent of waiver of State immunity from suit given?
Implied Consent:
1) When the State commences the suit, it becomes vulnerable to a counterclaim;
2) State enters into a business contract;
3) When it would be inequitable for the State to invoke immunity;
4) In cases of eminent domain (State commences the suit in cases of eminent domain)
What are the instances where a suit against the State is proper?
In Republic v. Sandoval:
Some instances where a suit against the State is proper are:
(1) When the Republic is sued by name;
(2) When the suit is against an unincorporated government agency;
(3) When the suit is on its face against a government officer but the case is such that the ultimate liability will belong to the government.
Whenever the Republic is sued by name, is it always a a proper suit against the State?
No, in Republic v. Sandoval, the Court held, that although the Republic is sued by name, the suit is not a proper suit against the State when the ultimate liability does not pertain to the government.
When the cause of action is due to the unauthorized acts of a government official, can it be a proper suit against the State?
No, when a government official is sued for unauthorized actions, it cannot be considered as a suit against the State (DOH v Phil Pharmawealth).
What is the difference between jure imperii and jure gestionis?
Jure imperii means governmental acts while jure gestionis mean proprietary acts. When a state is acting jure imperii, or exercising governmental functions, it cannot be sued without its consent. However, when the state is acting in jure gestionis, or exercising proprietary functions, it may be sued.
When may an incorporated government agency be suable?
An incorporated government agency may be sued when its charter provides that it has the capacity to sue and be sued.
Shall an unincorporated government agency be automatically immune from suit?
No, an unincorporated government agency is not automatically immune from suit. There must first be an inquiry into the principal functions of the agency.
If the agency is exercising governmental functions, then it is immune from suit (cannot be sued without consent).
If it is exercising proprietary functions (jure gestionis), then it is susceptible to suit.
When may the defense of state immunity be invoked by a government official?
The defense of immunity from suit may be invoked by a government official when he/she is sued for an authorized governmental act/ an act done within the scope and limits of his authority.
