Nlrc gr no 104269november111993 note there can be no

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Unformatted text preview: parem non habet imperium. The head of State, who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from suit. (JUSMAG Philippines v. NLRC, G.R. No. 108813, December 15, 1994) Q: Can the State waive its immunity? A: Yes, expressly or impliedly. 1. Express consent of the State may be manifested through general or special law. Note: Solicitor General cannot validly waive immunity from suit. Only the Congress can (Republic v. Purisima, G.R. No. L‐36084, Aug.31, 1977). 2. DOCTRINE OF STATE IMMUNITY Q: What is the Doctrine of State Immunity? A: Under this doctrine, the State cannot be sued without its consent. (Sec. 3, Art. XVI, 1987 Constitution) Q: What is the basis of the doctrine of State immunity? A: It reflects nothing less than recognition of the sovereign character of the State and an express affirmation of the unwritten rule effectively insulating it from the jurisdiction of courts. It is based on the very essence of sovereignty. (Department of Agriculture v. NLRC, G.R. No. 104269, November 11, 1993) Note: There can be no legal right against the authority which makes the law on which the right depends (Republic vs. Villasor, GRN L‐30671, November 28, 1973). However, it may be sued if it gives consent, whether express or implied. Q: Does this doctrine apply as well to foreign government? 6 Implied consent is given when the State itself commences litigation or when it enters into a contract. There is an implied consent when the state enters into a business contract. (US v. Ruiz, G.R. No. L‐35645 May 22, 1985) Note: This rule is not absolute. Q: Do all contracts entered into by the government operate as a waiver of its non‐ suability? A: No. Distinction must still be made between one which is executed in the exercise of its sovereign function and another which is done in its proprietary capacity. A State may be said to have descended to the level of an individual and can this be deemed to have actually given its consent to...
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