State Immunity, on Suability

Rule I
Applies only to cases involving pecuniary claims against the Republic of the Philippines, Foreign States, and
International Organizations enjoying or granted immunity

Rule II
Parties Claiming

A. States and International Organizations

1. Republic of the Philippines

a. Private companies granted sovereign powers as agents of the State = NOT immune
b. Local government units, with or without original charters = NOT immune
c. GOCC, with or without original charters = NOT immune
d. Instrumentalities
(1) Exercising proprietory functions primarily = NOT immune
(2) Exercising governmental functions primarily = Generally immune
e. Other agencies = Generally immune
(1) Express Consent = Waiver of immunity
(a) Legislation permitting person direct resort to court processes for the claim
(b) Specific provisions, such as Article 2180 NCC as to special agents viz torts
(2) Implied Consent = Waiver of immunity
(a) Case filed by State, allowing private party to file counterclaim
(b) Entering in proprietory contracts
(c) Act results in injustice (e.g. reverse expropriation)

2. Foreign States
a. Juri Imperii = immune
b. Juri Gestionis = NOT immune
3. International Organizations
a. Juri Imperii = immune
b. Juri Gestionis
(1) Granted specific immunity through treaties = Immune
(2) Subject matter outside of immunity granted in treaties = NOT immune

B. Officials of States and International Organizations (where the States and International Organizations are
NOT impleaded)

1. Officials of the Republic of the Philippines

a. Official act done in good faith, but resulting to damages : Indirect suit against the State (State
Immunity applies).
b. Ultra vires act resulting to damages: A suit NOT against the State but against the official only

2. Officials of Foreign States and International Organizations

a. Official act done in good faith, but resulting to damages : Indirect suit against the State (State
Immunity applies).
b. Ultra vires act resulting to damages:
(1) With diplomatic immunity: NOT a suit against the State, but official still NOT suable
(2) Without diplomatic immunity: A suit NOT against the State but against the official only