STATE IMMUNITY/NON-SUABILITY OF THE STATE

Question 1

T or F

Public funds can be diverted from their legally appropriated purpose.

Answer 1

FALSE. (Taisei Shimizu Joint Venture vs CA)

Question 2

T or F
Public funds can be the object of garnishment proceedings, even if the consent to be sued had been previously granted and even if the state liability has been adjudged.

Answer 2

FALSE because of public policy. (NHA vs Heirs of Guivelondo)

Question 3

What is garnishment?

Answer 3

It is a legal procedure by which a creditor can collect what a debtor owes by reaching the debtor’s property when it is in the hands of someone other than the debtor. Garnishment is a drastic measure for collecting a debt.

Question 4

T or F
The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects as appropriated by law.

Answer 4

True. (Republic vs Tatlonghari)

Question 5

T or F
Funds belonging to a PUBLIC CORPORATION or a GOCC which is CLOTHED WITH A PERSONALITY OF ITS OWN, separate and distinct from that of the government, are EXEMPT FROM GARNISHMENT.

Answer 5

False. Funds of GOCCs and Public corporations are NOT EXEMPT from garnishment. (Republic vs Tatlonghari)

Question 6

What should be considered in the suability of a government official, in relation to his position?

Answer 6

1. ) Whether or not he was acting within his official or jurisdictional capacity
2. Whether the acts committed in the performance of official functions will result in a charge or financial liability against the government

Question 7

T or F
Public officials can be held personally accountable for acts claimed to have been performed in connection with official duties where they have acted ultra vires or where there is a showing of bad faith

Answer 7

True

Question 8

T or F
Disbursements of public funds must be covered by
the corresponding appropriation as required by law. The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects, as appropriated by law.

Answer 8

True.

Question 9

T or F

Public funds can be the object of garnishment writs of execution.

Answer 9

False. (Republic vs Fetalvero)

Question 10

T or F
Not all contracts entered into by the government
operate as a waiver of its non-suability; distinction must still be made between one which is executed in the exercise of its sovereign functions and another which is done in its proprietary capacity.

Answer 10

True. (PTRI vs CA)

Question 11

T or F
State’s immunity from suit should not be shelved when the Court is convinced that its stubborn observance will lead to the subversion of the ends of justice.

Answer 11

False.
State’s immunity from suit MAY be shelved when the Court is convinced that its stubborn observance will lead to the subversion of the ends of justice.

Question 12

T or F
The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen.

Answer 12

True.

Question 13

T or F
There is explicit consent on the part of the State to be
subjected to suit when the State enters into a contract.

Answer 13

FALSE. IMPLICIT CONSENT.