Law Summary
Presentation and Decision of Claims
- A claimant must present the claim to the Insular Auditor first.
- If the Insular Auditor does not decide the claim within two months, the claimant may proceed with legal action.
Jurisdiction of Courts
- Original actions must be filed in the Court of First Instance of Manila or the province where the claimant resides.
- The claimant has the option to choose the venue.
- These courts have exclusive original jurisdiction over such cases.
Application of Procedural Rules
- Legal actions against the Government shall follow the same procedural rules as those between private parties.
- This applies to trial and appellate procedures.
Rights of Defendants When Government is Plaintiff
- If the Government initiates an action, the defendant can assert counterclaims or set-offs.
- Counterclaims must be of a nature similar to those used between private parties.
Service of Process and Legal Defense
- Service of process must be made on the Attorney-General.
- The Attorney-General is responsible for the Government’s defense and may delegate this duty.
Enforcement of Judgments Against the Government
- No execution may be issued on judgments against the Government.
- The court clerk must send a certified copy of the final judgment to the Governor-General within five days.
Legislative Appropriation for Payment of Judgments
- The Governor-General must submit all received judgments at each regular Legislature session.
- The Legislature will decide on payment and appropriate funds accordingly.
- Payments are to be included in the next year's appropriations.
Effectivity
- The Act became effective upon its approval on March 16, 1923.