Political Law Review: State Immunity from Suit
C. State Immunity from Suit “ The State cannot be sued without its consent .” [ Sec. 3, Art. XVI ]. 1. Basis There can be no legal right against the authority which makes the law on which the right depends. Republic v. Villasor, G.R. No. L-30671, November 28, 1973 The Republic of the Philippines challenged an order declaring a judgment final and executory, including an alias writ of execution garnishing the funds of the Armed Forces of the Philippines (AFP). The Court held that the State and its agencies are generally immune from suit and that public funds cannot be garnished without express legal consent. The Court explained that state immunity exists to protect governmental efficiency and prevent disruption of public services, and that even when the State consents to be sued, such consent does not extend to execution against public funds unless there is a lawful appropriation. However, it may be sued if it gives consent , whether express or implied . The doctrine is als...