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Doctrine of State Immunity from Suit– Article XVI, Sec. 3, CONSTITUTION Section 3. The State may not be sued without its consent. Gen. Rule: The State may not be sued without its consent. Basis :Sec. 3, Art. XVI of the Constitution. Reason: There can be no legal right against the authority which makes the law on which the right depends. When considered a suit against the State: 1.The Republic is sued by name; 2.Suits against an un – incorporated government agency; 3.Suits is against a government official, but is such that ultimate liability shall devolve on the government: a.When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages. b.BUT:If he acted pursuant to his official duties, without malice,negligence, or bad faith, he is not personally liable, and thesuit is really one against the State. Application / Prohibition of the rule: 1.This rule applies not only in favor of the Philippines but also in favor of the foreign states. 2.The rule likewise prohibits a person from filing for interpleader,with the State as one of the defendants being compelled tointerplead.