Philippine Bar review · Question

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

Multiple Choice Medium Jurisprudence

Practice question

A duly enacted special statute expressly permits a claimant to sue the Republic on a specified claim but says nothing about admitting liability. The claimant argues that the statute itself proves the Republic owes the full amount demanded. Which answer is best?
  1. Correct, because permission to sue is a confession of judgment.
  2. Correct, unless the Republic files its answer within one day.
  3. Incorrect, because express consent can never be given by statute.
  4. Incorrect, because consent to suit still leaves liability to be established.
  5. Correct, because the claimant need not present evidence after a waiver.

Legal references

  • 1987 Constitution, Article XVI, Section 3: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • United States of America v. Guinto, G.R. Nos. 76607, 79470, 80018 and 80258, February 26, 1990, main decision, restrictive immunity and suability distinguished from liability: https://lawphil.net/judjuris/juri1990/feb1990/gr_76607_1990.html

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