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Liability depends on the applicable law and the

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Unformatted text preview: he State is liable. Accordingly, the phrase that “waiver of immunity by the State does not mean a concession of liability” means that by consenting to be sued, the State does not necessarily admit that it is liable. In such a case the State is merely giving the plaintiff a chance to prove that the State is liable but the State retains the right to raise all lawful defenses. (Philippine Rock Industries, Inc. v. Board of Liquidators, G.R. No. 84992, December 15, 1989) Q: Is there any distinction between suability and liability of the State? A: Yes. GOVERNMENT AGENCIES a. Incorporated agencies SUABILITY Depends on the consent of the State to be sued Q: In what instances may a public officer be sued without the State’s consent? A: 1. To compel him to do an act required by law 2. To restrain him from enforcing an act claimed to be unconstitutional 3. To compel payment of damages from an already appropriated assurance fund or to refund tax over‐payments from a fund already available for the purpose 4. To secure a judgment that the officer impleaded may satisfy the judgment himself without the State having to do a positive act to assist him 5. Where the government itself has violated its own laws because the doctrine of State immunity cannot be used to perpetrate an injustice The circumstance that a State is suable does not necessarily mean that it is liable. LIABILITY Depends on the applicable law and the established facts The State can never be held liable if it is not suable. Q: How are the liabilities of the following determined? A: 1. Public officers – their acts without or in excess of jurisdiction: any injury caused by him is his own personal liability and cannot be imputed to the State. 2. Government agencies – establish whether or not the State, as principal which may ultimately be held liable, has given its consent. 8 b. Unincorporated government agencies c. Jure gestionis d. Jure imperii SUABILITY test of suability is stated in their charters. If its charter s...
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