OLIZON V CENTRAL BANK OF THE PHILIPPINES

Facts:

The defendant (CENTRAL BANK OF THE PHILIPPINES) collected from the plaintiff (OLIZON) in
payment of Special Excise Tax on Foreign Exchange covering transactions pursuant to the Monetary
Board Resolution No. 286. The Central Bank conceded the illegality which it made the levy. Since it is
claimed that the payments were made by reason of mistake in the interpretation of law (RA601) the
obligation to return arises by virtue of the New Civil Code.

The decision to refund the plaintiff was appealed by the Central Bank of the Philippines that the
obligation to refund will only be acceptable upon presentation of satisfactory proof. I also brought up
that the present action may no longer be maintained since it would be, in effect, be a suit against the
State without its consent.

ISSUE:

Whether or Not the suit and claims against the Central Bank of the Philippines be considered as
a suit against the Government itself.

HELD:

The suit is not one against the government, but against Central Bank of the Philippines, an entity
authorized by its charter TO SUE and BE SUED. Therefore, consent of the State has been given.