Category Archives: Sovereign Immunity

When will the State’s cloak of invincibility against suit and liability be shredded

Posted on March 2, 2012 by Erineus

On the issue regarding the state immunity doctrine, the Commissioner cannot escape liability for the lost shipment of goods. This was clearly discussed in the UNIMEX Micro-Electronics GmBH decision, where the Court wrote: Finally, petitioner argues that a money judgment … Continue reading →

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The issue of whether or not the ATO could be sued without the State’s consent has been rendered moot by the passage of Republic Act No. 9497, otherwise known as the Civil Aviation Authority Act of 2008.

Posted on February 18, 2012 by Erineus

Lastly, the issue of whether or not the ATO could be sued without the State’s consent has been rendered moot by the passage of Republic Act No. 9497, otherwise known as the Civil Aviation Authority Act of 2008. R.A. No. … Continue reading →

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the doctrine of sovereign immunity cannot be successfully invoked to defeat a valid claim for compensation arising from the taking without just compensation and without the proper expropriation proceedings

Posted on February 18, 2012 by Erineus

We further observe the doctrine of sovereign immunity cannot be successfully invoked to defeat a valid claim for compensation arising from the taking without just compensation and without the proper expropriation proceedings being first resorted to of the plaintiffs’ property.[16]  … Continue reading →

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The immunity of the State from suit, known also as the doctrine of sovereign immunity or non-suability of the State, is expressly provided in Article XVI of the 1987 Constitution

Posted on February 18, 2012 by Erineus

The immunity of the State from suit, known also as the doctrine of sovereign immunity or non-suability of the State, is expressly provided in Article XVI of the 1987 Constitution, viz: Section 3. The State may not be sued without … Continue reading →

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