Merritt v. Government of the Philippine Islands

TOPIC: An act permitting a suit against the state gives rise to no liability unless it is clearly expressed in the act. 

FACTS:

Plaintiff Meritt figured out a collision against the ambulance of the General Hospital which made him severely injured. He was awarded the amount of P14,741. 

The plaintiff requested to increase the amount of damages as he was wholly incapacitated for six months. It was an error to restrict the damages to a shorter period during which he was confined in the hospital.

Under Act. No. 2457, it was acknowledged that the claim has been filed against the Government of the Philippine Islands by Mr. E. Merritt, of Manila, for damages resulting from a collision between his motorcycle and the ambulance of the General Hospital. 

ISSUE:

WON the act also concedes the states liability to the plaintiff.

RULING:

No.

An act permitting a suit against the state gives rise to no liability. The state is not liable for the torts committed by its officers or agents whom it employs, except when expressly made so by legislative enactment. 

Act. No. 2457 does not operate to extend the Government's liability to any cause not previously recognized. In reference to Article 1903 of the Civil Code, the responsibility of the state is limited only to acts through a special agent. The chauffeur of the ambulance of the General Hospital was not such an agent.

Therefore, the plaintiff cannot hold the state liable absence of an express legislative enactment appropriating sufficient funds therefor. [The matter rests solely with the legislature and not with the courts].