Philippine Bar review · Question

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

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Practice question

A foreign State argues that every contract it signs is immune from suit because it is sovereign. A contractor responds that signing any contract always waives immunity. Evaluate both categorical claims under the restrictive doctrine of State immunity. Assume no controlling treaty or express waiver.

Legal references

  • 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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