Title
Supreme Court
Conditions to Sue Philippine Government
Law
Act No. 3083
Decision Date
Mar 16, 1923
A 1923 Philippine law allows private parties to sue the government for moneyed claims arising from contracts, outlining the conditions and procedures for such lawsuits, including the requirement to present the claim to the Insular Auditor and the jurisdiction and venue of the lawsuits.

Q&A (Act No. 3083)

The main purpose of Act No. 3083 is to define the conditions under which the Government of the Philippine Islands may be sued upon moneyed claims arising from contracts, whether express or implied.

Claims involving moneyed liability arising from contracts, either express or implied, can be brought against the Government of the Philippine Islands.

The claimant must present the claim to the Insular Auditor and wait for two months without a decision on the claim before suing.

Original actions can be filed in the Court of First Instance of the City of Manila or of the province where the claimant resides.

The actions are governed by the same rules of procedure, both original and appellate, as if the litigants were private parties.

Yes, the Government can be the plaintiff, and the defendant may assert a set-off or counterclaim similar to actions between private parties.

Process shall be served upon the Attorney-General, who must defend the Government either personally or through delegates.

No, execution is not permitted. Instead, a certified copy of the judgment is sent to the Governor-General for action.

The Governor-General transmits the judgment to the Legislature for appropriate action, including possible appropriation for payment.

The Act takes effect upon its approval on March 16, 1923.


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