Merritt Vs Government of the Philippine Islads (GR No. L-11154) Constitutional Law

G.R. No. L-11154            March 21, 1916t

E. MERRITT, plaintiff-appellant,

vs.

GOVERNMENT OF THE PHILIPPINE ISLANDS, defendant-appellant.

Ponente:

TRENT, J.:

Action:

This is an appeal by both parties from a judgment of the Court of First Instance of the city of Manila

Facts:

Merritt was riding a motorcycle along Taft Avenue when he was bumped by the ambulance of the General Hospital. Merritt sustained severe injuries rendering him unable to return to work. The legislature later enacted Act 2457 authorizing Merritt to file a suit against the Government in order to fix the responsibility for the collision between his motorcycle and the ambulance of the General Hospital, and to determine the amount of the damages, if any, to which he is entitled. After trial, the lower court held that the collision was due to the negligence of the driver of the ambulance. It then determined the amount of damages and ordered the government to pay the same.

Issues:

1. WON the Government is liable for the negligence of the ambulance driver

2. WON the special law also conceded that liability of the state

Ruling:

the judgment appealed from must be reversed, without costs in this instance.

Ratio Decidendi:

1. That the responsibility of the state is limited by article 1903 to the case wherein it acts through a special agent(and a special agent, in the sense in which these words are employed, is one who receives a definite and fixed order or commission, foreign to the exercise of the duties of his office if he is a special official) so that in representation of the state and being bound to act as an agent thereof, he executes the trust confided to him. This concept does not apply to any executive agent who is an employee of the acting administration and who on his own responsibility performs the functions which are inherent in and naturally pertain to his office and which are regulated by law and the regulations."

2. By consenting to be sued a state simply waives its immunity from suit. It does not thereby concede its liability to plaintiff, or create any cause of action in his favor, or extend its liability to any cause not previously recognized. It merely gives a remedy to enforce a preexisting liability and submits itself to the jurisdiction of the court, subject to its right to interpose any lawful defense.