A the test is that if a public officer or agency is

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Unformatted text preview: ays so, it is suable suable if the nature of their acts is proprietary in nature by right of economic or business relation = may be sued by right of sovereign power, in the exercise of sovereign functions = cannot be sued Note: Letters c and d are also considered as nature of acts of State. Acta Jure Imperii Acta Jure Gestionis There is no waiver. There is waiver of State immunity from suit. The State is acting The State entered into a in its sovereign contract in its commercial or proprietary capacity. The governmental State descended to the capacity. level of a private entity. 3. Government – doctrine of State immunity is available; non‐suability of the State is available to the agency even if it is shown that it is engaged not only in government functions but also, as a sideline, or incidentally, in proprietary enterprises. 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 Q: What is the true test in determining whether a suit against a public officer is a suit against the State? A: The test is that, if a public officer or agency is sued and made liable, the State will have to perform an affirmative act of appropriating the needed amount to satisfy the judgment. If the State does so, then, it is a suit against the State. Q: Is garnishment of government funds allowed? A: GR: No. Whether the money is deposited by way of general or special deposit, they remain government funds and are not subject to garnishment. XPN: Where a law or ordinance has been enacted appropriating a specific amount to pay a valid go...
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This document was uploaded on 03/12/2014.

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