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.
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.
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 Governor-General, 3 within
five days after the same becomes final.
Sec. 8. Transmittal of Decision. — The
Governor-General, 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.
Approved: March 16, 1923.
Footnotes
1. Now Auditor-General.
2. Now Solicitor-General.
3. Now President of the Philippines.
4. Id.
5. Now Congress.
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