191993 q petitioners sued the philippine national

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Unformatted text preview: be sued only when it enters into business contracts. It does not apply where the contract relates to the exercise of its sovereign functions. (Department of Agriculture vs. NLRC G.R. No. 104269, November 11, 1993) Q: When is a suit considered as suit against the State? A: 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 POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. GENERAL CONSIDERATIONS that ultimate liability will belong not to the officer but to the government. (Republic v. Sandoval, G.R. No. 84607, Mar. 19, 1993) Q: Petitioners sued the Philippine National Railways for damages for the death of their son who fell from an overloaded train belonging to the PNR. The trial court dismissed the suit on the ground that the charter of the PNR, as amended by P.D No. 741 has made the same a government instrumentality, and thus immune from suit. Is the dismissal proper? A: No. The correct rule is that not all government entities whether corporate or non‐corporate, are immune from suits. Immunity from suit is determined by the character of the objects for which the entity is organized. When the government enters into a commercial business, it abandons its sovereign capacity and is to be treated like any other corporation. In this case, the State divested itself of its sovereign capacity when it organized the PNR which is no different from its predecessors, the Manila Railroad Company. (Malang v. PNRC, G.R. No. L‐49930, August 7, 1985) Q: Distinguish unincorpo...
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This document was uploaded on 03/12/2014.

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