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Unformatted text preview: rated government agency performing governmental function and one performing proprietary functions according to the applicability of the Doctrine of State Immunity. A: Unincorporated Government Agency Performing Governmental Functions Immunity has been upheld in its favor because its function is governmental or incidental to such function Unincorporated Government Agency Performing Proprietary Functions Immunity has not been upheld in its favor whose function was not in pursuit of a necessary function of government but was essentially a business. (Air Transportation Office v. Spouses David, G.R. No. 159402, February 23, 2011) Q: What is the Restrictive Theory of State Immunity from Suit? A: The Restrictive Theory of State Immunity means that a State may be said to have descended to the level of an individual and can thus be deemed to have tacitly given its consent to be sued only when it enters into business contracts. However, the restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign, its commercial activities or economic affairs. It does not apply where the contract relates to the exercise of its sovereign functions. (United States vs. Ruiz, G.R. No. L‐
35645, May 22, 1985) Q: When is a suit against a public official deemed to be a suit against the State? A: The doctrine of State Immunity from suit applies to complaints filed against public officials for acts done in the performance of their duties within the scope of their authority. GR: The rule is that the suit must be regarded as one against the state where the satisfaction of the judgment against the public official concerned will require the state to perform a positive act, such as appropriation of the amount necessary to pay the damages awarded to the plaintiff. XPNs: The rule does not apply where: 1. The public official is charged in his official capacity for acts that are unlawful and injurious to the rights of others. Public officials are not exempt, in their personal cap...
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