State immunity is a principle of international law that exempts a state from legal prosecution or lawsuits in another state's domestic courts. This stems from the principle of equality between states under international law - that one state cannot exercise authority over another equal state without its consent. As such, under the doctrine of state immunity, a state cannot be sued by another state or private individual without expressly or implicitly waiving its immunity. The Philippines constitution adheres to this principle of state immunity for the government. However, immunity can be waived through legislation, contracts, or filing a complaint that exposes the state to counterclaims.
Explanation and Summary of Legislative Department in Article VI of the Philippine Constitution.
Reference Book: Philippine Governance and the 1987 Constitution
Philippine Constitution - Parliamentary Immunity John Paul Espino
Parliamentary Immunity in the constitution of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Explanation and Summary of Legislative Department in Article VI of the Philippine Constitution.
Reference Book: Philippine Governance and the 1987 Constitution
Philippine Constitution - Parliamentary Immunity John Paul Espino
Parliamentary Immunity in the constitution of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
-APPLICABILITY TO CLAIMS UNDER THE MOTOR VEHICLE ACT
The Old and archaic concept of Sovereign immunity that “King can do no wrong” still haunts us, where the state claim immunity for its tortious acts and denies compensation to the aggrieved party.
The doctrine of sovereign immunity is based on the Common Law principle borrowed from the British Jurisprudence that the King commits no wrong and that he cannot be guilty of personal negligence or misconduct, and as such cannot be responsible for the negligence or misconduct of his servants. Another aspect of this doctrine was that it was an attribute of sovereignty that a State cannot be sued in its own courts without its consent.
Public international law trendtex case_ State ImmunityManish Kumar
This case is related to the State immunity in Public International Law. This very case enumerates the stand of courts over State Immunity when commercial nature of State is involved.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docxzenobiakeeney
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docxjeffreye3
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
3. What is State Immunity?A principle of international law which exempts a
State from prosecution or suit for the violation
of the domestic laws of another state.
4.
5. State Immunity in Suit Filed by
Another State
• “The rule that a state may not be sued
without its consent is one of the
generally accepted principles of
International Law that we adopted as a
part of the law of the land ”
• One of the attributes of the state is the
right of equality.
6. • Akin to the right of equality of state is the
International Law principle “par in parem non
habet imperium” or an equal has no dominion
over an equal, which is the basis of the
doctrine of state immunity.
• Under the maxim of “par in parem non habet
imperium,” a State cannot assume jurisdiction
over a case lodged against another State
unless the latter gives consent to be sued.
7. State Immunity in a Suit Filed
by an Individual
• The Constitution expressly adheres to
the postulate of state immunity.
• The doctrine of non-suability of a State
is also a manifestation of republicanism.
8. Consent to be Sued
The Immunity of the State from Suit may
be waived expressly or Impliedly.
9. Express Consent
• The intent of the State in allowing itself to
be sued must be clear and without doubt.
• The consent of the State to be sued must
emanate from statutory authority.
• Waiver of the state immunity can only be
made by an act of legislative body.
10. General Law
• Commonwealth Act No. 327 requires
that all money claims against the
government must be filed with the
Commission on Audit, which must act
upon it within 60 days.
• Rejection of the claim will authorize the
claimant to elevate the matter to the
Supreme Court on certiorari, and in
effect sue the State thereby.
11. Special Law
• A special law may be passed to enable a
person to sue government for an alleged quasi-
delict.
Implied Consent
• Consent of the state to be sued is implied
when it enters into a business contract and
when it files a suit exposing it of being sued
through a counterclaim.
12. Business Contract
• The State by implication gives it its
consent to be sued by entering into a
business contract.
Complaint
• If the state filed a complaint, one of the
procedural remedies for the defendant is
to file a counter-claim.
14. Right of Just Compensation
• Even if the State does not give its
consent, express or implied, to be sued,
the government cannot invoke the
defense of non-suability of State to
perpetrate an injustice on a citizen whose
private property was taken for public use
without just compensation.
15. Suit against the Philippines
• It is very hard to determine if the suit filed
against the State. If the republic of the
Philippines is expressly included in the
complaint as defendant or respondent, it
is definitely a suit against the State.
16. Suit against Government
Agencies and Officials
• So as not to dismiss outright a case filed
against the State, the plaintiff or
petitioner usually will not mention in his
complaint or petition the Republic of the
Philippines as defendant or respondent.
17. Government Agencies
Two Kinds :
1.Unincorporated Agency
Such as the DOJ, DOF, AFP, PNP,
NBI, BOC, are not created by law. Are
mere extensions of the personality of the
State.
The properties, rights and obligations
of unincorporated agencies all belong to
the state.
19. Public Officials
• The mere invocation of official charter will
not suffice to insulate a public official
from suability and liability for an act
imputed to him as a personal tort
committed without or excess of his
authority.