Philippine Bar review · Question

Practice question: The State and its Political Subdivisions

Multiple Choice Hard

Practice question

A claimant sues the Republic and argues that Article 44's recognition of the State as a juridical person alone conclusively establishes consent to every suit. The claimant identifies no separate consent or applicable exception. Assess that argument without deciding other possible jurisdictional facts.
  1. Juridical personality alone does not erase the constitutional requirement of State consent to suit.
  2. Every juridical person is always suable on every claim without qualification.
  3. Article 44 repealed the Constitution.
  4. The State cannot possess legal personality if it has immunity.
  5. Every private claimant may grant consent for the Republic.

Legal references

  • Civil Code Articles44(1),45 and46; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • 1987 Constitution ArticleXVI Section3; https://lawphil.net/consti/cons1987.html

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