Forms of Consent:

1. Express Consent - done through a general or special law. Can only be

provided by the legislature. Only Congress can give consent in order for
the state to be sued.

General Law- ex: ACT 3083 as amended by Commonwealth Act 327

further amended by Presidential Decree 1445 - any money claims against
the government, such must be filed first with the COA. Denial of COA is
a requisite before instituting case in court, if not followed, dismiss case
due to premature due to non-exhaustion of DEAR.

Application: A (contractor) has given by govt a big project worth 1m for

construction of roads. Govt did not give payment. Recourse is filing
money claim in COA, if the latter denied, then go to court.

What Court? (DAR vs NLRC Nov. 1993). Decision of COA is appealable by

way of Petition for Certiorari to SC.

Read Cases:
a. USA vs Ruis May 22, 1985
b. Makati vs CA Oct 1990
c. USA vs Ginto-

A Filipino contractor contracts with USA to build naval wharves and

infostructure in US bases in PH. Filipino contractor was not paid by US.
Q: Can Act 3083 can be used to collect to foreign govt?
Q: What is the remedy of the Filipino?

Note: Doc of State Immunity applies to a country which it can only invoke in
its territory, “Par in paren non habet imperium” no other sovereignty has
jurisdiction over another.
A: No, because such act is a waiver of PH to be sued and not to other
countries. This violates the sovereignty of other country.
A: Contact the Dept of Foreign Affairs because the PH must represent you in
pursuing an international claim against foreign govt.
Steps under PIL, (Pacific Modes of Settling International Disputes):
1. The republic of Philippines can consider negotiations through conciliate,
mediation, and good offices (formal methods to settle dispute).
 2. If above is of no avail, quasi-judicial remedies under PIL such as
arbitration.
3. If 1 and 2 cannot be availed, Phillippines will represent the aggrieved
citizen or party and can file case before the International Court of justice.

Why representation is necessary?

- Only states can be parties because they are the ones who have legal
standing because and individual is only object of the country.

- Special Laws where consent of state to be sued is given:

Ex: ART 2180 or NCC: State is liable to be sued if the state is acting through a
special agent
Art 2189 of NCC: for any damages caused to a person because of defective
condition of roads, streets, bridges, public buildings, and other public works
under their control or supervision.
- Tiotico vs City of manila: A person walking in the street fell in a manhole,
later sued City of Manila.
Section 24 of LGC: Any death injury to persons or damage to properties
caused by LGu are liable to suit.
Atricles of GOCC that it has the right to sue or be sued.

2. Implied Consent:
Ways:
a. When the state commences suit against a private person.

Reason: because a state will expose itself to a possible counter suit or

counter charge.

b. When a state enters to a contract with a private party.