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  • Incorporated Government Agencies - Municipal Corporations

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    Gelo
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    Municipal corporations like provinces and cities are considered agencies of the state when performing governmental functions and normally enjoy sovereign immunity from suit. However, their charters often include a provision allowing them to sue and be sued, meaning they can be subject to lawsuits even when carrying out governmental functions. Similarly, an incorporated agency can be sued for any cause of action due to a provision saying it can sue and be sued, including for tort claims.

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    19. Incorporated Government Agencies - Municipal Corporations

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    Municipal corporations like provinces and cities are considered agencies of the state when performing governmental functions and normally enjoy sovereign immunity from suit. However, their charters often include a provision allowing them to sue and be sued, meaning they can be subject to lawsuits even when carrying out governmental functions. Similarly, an incorporated agency can be sued for any cause of action due to a provision saying it can sue and be sued, including for tort claims.

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    Incorporated Government Agencies - Municipal Corporations

    Uploaded by

    Gelo
    Municipal corporations like provinces and cities are considered agencies of the state when performing governmental functions and normally enjoy sovereign immunity from suit. However, their charters often include a provision allowing them to sue and be sued, meaning they can be subject to lawsuits even when carrying out governmental functions. Similarly, an incorporated agency can be sued for any cause of action due to a provision saying it can sue and be sued, including for tort claims.

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    © All Rights Reserved
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    Incorporated – The provision that agency can sue and be sued in any court is without

    qualification on the case of action and accordingly it can include a tort claim. (Rayo v. CFI of
    Bulacan, 110 SCRA 460)

    Municipal Corporation – for example, like provinces and cities, are agencies of the State when
    they are engaged in governmental functions and therefore should enjoy the sovereign immunity
    from suit. Nevertheless, they are subject to suit even in the performance of such functions
    because their charter provided that they can sue and be sued. (Municipality of San Fernando vs.
    Firme – G.R. No. 52179, April 8, 1991)

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