Practice question
The Republic sues a warehouse operator for unpaid rent from an ordinary proprietary lease. The operator asserts a counterclaim arising from the same lease. The Republic invokes immunity solely because it is the State. Which response best follows Guinto?
- Every State complaint preserves absolute immunity from all counterclaims.
- Its request for affirmative relief supports implied consent to the related counterclaim.
- The counterclaim automatically wins without evidence.
- Only a constitutional amendment could permit the counterclaim.
- The operator must first obtain the President’s personal consent in every case.
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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