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.
- Juridical personality alone does not erase the constitutional requirement of State consent to suit.
- Every juridical person is always suable on every claim without qualification.
- Article 44 repealed the Constitution.
- The State cannot possess legal personality if it has immunity.
- 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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