Philippine Bar review · Question

Practice question: State Immunity (See also PD 1445, Sec. 26)

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Practice question

A department’s lawyer signs a compromise letter purporting to waive the Republic’s immunity in an unrelated damages action. The record establishes no authorizing statute or basis for implied consent. Explain whether the lawyer’s signature supplies express consent.

Legal references

  • United States of America v. Guinto, G.R. Nos. 76607 et al., February 26, 1990, main decision: https://lawphil.net/judjuris/juri1990/feb1990/gr_76607_1990.html

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