G.R. No. L-20213 – 16 SCRA 120 – Political Law – Constitutional Law – State Immunity From Suit – Consent; Express Consent by Law – Money Claims Against State; Where filed
In July 1948, Mariano Garcia was undergoing military training in Camp Floridablanca in Pampanga when he sustained an injury which caused him to later lose his eyesight. In 1961, he filed a suit against the Chief of Staff and other agencies for damages but the trial court dismissed his case on the ground of prescription.
ISSUE: Whether or not Garcia’s case must be dismissed.
HELD: Yes. More than the reason relied upon by the trial court, the suit by Garcia should be dismissed for the reason that the government cannot be sued without its consent. Garcia’s money claim should have been first filed with the office of the Auditor General. In accordance with Commonwealth Act 327. This administrative process must first be exhausted before resort to court may be had. If the claim is denied, the claimant may elevate the matter to the Supreme Court.
Note: Today, money claims against the government must first be filed with the Commission on Audit. (Section 2(a), Rule VIII of the 2009 Revised Rules of Procedure of the Commission on Audit (RRPC), as amended by COA Resolution No. 2021-038 dated December 20, 2021). Remedy for a denied claim is petition for certiorari (Sec. 1, Rule XII, RRPC)
