Philippine Bar review · Question

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

Essay Medium Jurisprudence

Practice question

A supplier insists that the constitutional rule means the Republic can never be sued, even if Congress enacts a statute expressly allowing a particular suit. Is the supplier correct? Explain, distinguishing consent to suit from liability.

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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