Quirico Del Mar vs Philippine Veterans Administration

G.R. No. L-27299 – 51 SCRA 340 – Political Law – Constitutional Law – State Immunity From Suit – Suits against Unincorporated Entities – Mandamus

In 1964, the Philippine Veterans Administration stopped paying WW2 veteran Quirico Del Mar’s pension on the ground that he was already receiving pension from the US government through its US Veterans Administration. Del Mar then filed a mandamus case against PVA. PVA invoked state immunity from suit. It argued that it is not a juridical entity, hence, has no personality to be sued. It even cited a previous case where the SC ruled that it is immune from suit.

ISSUE: Whether or not PVA is immune from suit in this case.

HELD: No. In this case, PVA is being sued for its failure to fulfill a governmental function. It is true that a government entity may not be sued without its consent. But this rule has an exception: where a claimant institutes an action against a functionary who fails to comply with his statutory duty to release the amount claimed from the public funds already appropriated by statute for the benefit of the said claimant.

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