This document contains two acts related to suing the Philippine government and appealing decisions of the Auditor General. The first act defines when the Philippine government consents to being sued for money claims arising from contracts. It requires claims to first be presented to the Auditor General. The second act sets time limits for the Auditor General to decide claims and accounts and establishes an appeals process to the President, Supreme Court, or President of the Philippines.
This document contains two acts related to suing the Philippine government and appealing decisions of the Auditor General. The first act defines when the Philippine government consents to being sued for money claims arising from contracts. It requires claims to first be presented to the Auditor General. The second act sets time limits for the Auditor General to decide claims and accounts and establishes an appeals process to the President, Supreme Court, or President of the Philippines.
This document contains two acts related to suing the Philippine government and appealing decisions of the Auditor General. The first act defines when the Philippine government consents to being sued for money claims arising from contracts. It requires claims to first be presented to the Auditor General. The second act sets time limits for the Auditor General to decide claims and accounts and establishes an appeals process to the President, Supreme Court, or President of the Philippines.
CONDITIONS UNDER WHICH THE GOVERNMENT OF THE PHILIPPINE ISLANDS MAY BE SUED Section 1. Complaint against Government. Subject to the provisions of this Act, the Government of the Philippine Islands hereby consents and submits to be sued upon any moneyed claim involving liability arising from contract, expressed or implied, which could serve as a basis of civil action between private parties Sec. 2. A person desiring to avail himself of the privilege herein conferred must show that he has presented his claim to the Insular Auditor 1 and that the latter did not decide the same within two months from the date of its presentation. Sec. 3. Venue. Original actions brought pursuant to the authority conferred in this Act shall be instituted in the Court of First Instance of the City of Manila or of the province were the claimant resides, at the option of the latter, upon which court exclusive original jurisdiction is hereby conferred to hear and determine such actions. Sec. 4. Actions instituted as aforesaid shall be governed by the same rules of procedure, both original and appellate, as if the litigants were private parties. Sec. 5. When the Government of the Philippine Island is plaintiff in an action instituted in any court of original jurisdiction, the defendant shall have the right to assert therein, by way of set-off or counterclaim in a similar action between private parties.
Approved: March 16, 1923.
COMMONWEALTH ACT NO. 327 - AN ACT FIXING THE TIME WITHIN WHICH THE AUDITOR GENERAL SHALL RENDER HIS DECISIONS AND PRESCRIBING THE MANNER OF APPEAL THEREFROM Section 1. In all cases involving the settlement of accounts or claims, other than those of accountable officers, the Auditor General shall act and decide the same within sixty days, exclusive of Sundays and holidays, after their presentation. If said accounts or claims need reference to other persons, office or offices, or to a party interested, the period aforesaid shall be counted from the time the last comment necessary to a proper decision is received by him. With respect to the accounts of accountable officers, the Auditor General shall act on the same within one hundred days after their submission, Sundays and holidays excepted.
In case of accounts or claims already submitted to but
still pending decision by the Auditor General on or before the approval of this Act, the periods provided in this section shall commence from the date of such approval. Section2. The party aggrieved by the final decision of the Auditor General in the settlement of an account for claim may, within thirty days from receipt of the decision, take an appeal in writing:
Sec. 6. Process in actions brought against the
Government of the Philippine Islands pursuant to the authority granted in this Act shall be served upon the Attorney-General 2 whose duty it shall be to appear and make defense, either himself or through delegates.
(a) To the President of the United States, pending the
final and complete withdrawal of her sovereignty over the Philippines, or
Sec. 7. Execution. No execution shall issue upon any
judgment rendered by any court against the Government of the Philippine Islands under the provisions of this Act; but a copy thereof duly certified by the clerk of the Court in which judgment is rendered shall be transmitted by such clerk to the GovernorGeneral, 3 within five days after the same becomes final.
(c) To the Supreme Court of the Philippines if the
appellant is a private person or entity.
Sec. 8. Transmittal of Decision. The GovernorGeneral, 4 at the commencement of each regular
session of the Legislature, 5 shall transmit to that body for appropriate action all decisions so received by him, and if said body determine that payment should be made, it shall appropriate the sum which the Government has been sentenced to pay, including the same in the appropriations for the ensuing year. Sec. 9. This Act shall take effect on its approval.
(b) To the President of the Philippines, or
If there are more than one appellant, all appeals shall
be taken to the same authority resorted to by the first appellant. From a decision adversely affecting the interests of the Government, the appeal may be taken by the proper head of the department or in case of local governments by the head of the office or branch of the Government immediately concerned. The appeal shall specifically set forth the particular action of the Auditor General to which exception is taken with the reasons and authorities relied on for reversing such decision. Section3. This Act shall take effect upon its approval. Approved: June 18. 1938.
Gerald Thompson, and Cynthia Thompson, Husband and Wife v. Daphne Wheeler, and John D. Risse, Additional Appeal of Daphne Wheeler, 898 F.2d 406, 3rd Cir. (1990)