Tracing Evolution of the Philippine Concept of extra-contractual responsibility in the context of State Inmunity from Suit: Is a new approach necessary?

  • Dan Kevin Mandocdoc Castro ADMU’s School of Law (Philippines)
DOI: https://doi.org/10.18543/ed-68(1)-2020pp163-200
Keywords: continental law, common law, tort or extra-contractual responsibility, state inmunity, public services

Abstract

The Philippines and Spain, at one point in history, shared the same civil code. In the realm of extra-contractual responsibility (torts in common law, quasi-delicts in Philippine law) in relation to public services, however, the two legal systems currently have a vastly different approach. On the one hand, the Philippines adheres to the common law concept of state immunity from suit — making it almost impossible for individuals to sue the government or its agencies in cases where the act or omission that caused the damage is intertwined in the government’s exercise of governmental functions. Spain, on the other hand, applies strict or objective liability with respect to the Public Administration’s rendering of public services. This makes negligence immaterial on the question of whether an individual may claim against the government for damages related to public services.

In this paper, the author traces the continental law origins and evolution of the Philippine concept of quasi-delict (the term used in the Philippines to refer to torts or extra-contractual obligations), subjects these legal regimes to different legal philosophies, and uses the lens of economic analysis of law in order to determine whether the Philippines needs to reconsider the doctrine of state immunity in the context of extra-contractual responsibility for damages relating to public services.

Received: 05.11.2019
Accepted: 20.12.2019
Published online: 03.07.2020

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Author Biography

Dan Kevin Mandocdoc Castro, ADMU’s School of Law (Philippines)

Assistant Professor 

Published
2020-07-03
How to Cite
Mandocdoc Castro, Dan Kevin. 2020. “Tracing Evolution of the Philippine Concept of Extra-Contractual Responsibility in the Context of State Inmunity from Suit: Is a New Approach Necessary?”. Estudios De Deusto 68 (1), 163-200. https://doi.org/10.18543/ed-68(1)-2020pp163-200.
Issue
Vol. 68 No. 1 (2020)
Section
Special Issue

Last update: 08/02/2022

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