Practice question
An assistant government lawyer writes that the Republic will waive immunity in a tort suit. No statute authorizes the suit, and the Republic has not sought affirmative relief or engaged in a proprietary transaction relevant to it. Is that letter alone express consent?
- Yes, because every lawyer may bind the sovereign on immunity.
- Yes, because a written letter is equivalent to a statute.
- No, because express waiver requires legislative authority rather than counsel’s promise alone.
- No, because express consent is constitutionally impossible.
- Yes, if the claimant promptly accepts the letter.
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
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article XVI, Section 3.
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