True or False Answer

when an entity is capable of

1 Suability refers to when an entity is not willing to be sued. F
being sued.
Officers or agents of the government charged with the
2 performance of governmental duties are not liable for the T
consequences of their official acts.
Liability refers to the condition of
Liability refers to the condition of not being actually or
3 F being actually or potentially
potentially subject to an obligation.
subject to an obligation.
A public officer is not immune from damages in his
4 T
personal capacity for acts done in bad faith.
Generally , the State can be sued unless it gives its consent
5 F State cannot be
expressly or impliedly.
Officers or agents can be liable if they act willfully and
6 T
maliciously.
Implied Consent is the enactment of a general law or
7 F Express Consent
special law on the matter.
Officers or agents can be liable if they act with the express
8 T
purpose of inflicting injury upon the plaintiff.
Express Consent happens when the State commences
9 litigation or the state enters into a contract which is F Implied Consent
commercial in nature.
When a public officer goes beyond the scope of his duty,
10 particularly when acting tortuously, he is not entitled to T
protection on account of his office.
Local government units and their officials are always
are not exempt from liability for
11 exempt from liability for death or injury to persons or F
death
damage to property.
When a public officer goes beyond the scope of his duty,
particularly when acting tortuously, he is not entitled to
12 T
protection on account of his office, but is liable for his acts
like any private individual.
The only real properties of the municipality which are
necessary for public use cannot be attached and sold at
13 F whether real or personal
execution sale to satisfy money judgment against the
municipality .
In Civil Law regarding torts and damages, the State
14 assumes a limited liability for the damage caused by the T
tortious acts or conduct of its special agent.
What is stressed here thou is the
In liablity for damages, not stressed here is the right of the right of the aggrieved parties to
aggrieved parties to bring suits against acts or omissions bring suits
15 F
of LGUs and their officers , but their their automatic against acts or omissions of LGUs
liability. and their officers , not their
automatic liability .
One of the aspects where the state is liable is its public or
16 T
governmental aspects where it is liable for the tortious
Group 4 – Liabilities of LGUs by Jeasel Abad | Page 1 of 4
 acts of special agents only.
Liability is recognized , but their suability is subject to Suability is recognized , but their
17 F
evidence. liability is subject to evidence.
One of the aspects where the state is liable is its private or
business aspects (as when it engages in private
18 T
enterprises) where it becomes liable as an ordinary
employer.
Municipal revenues derived from
Municipal revenues derived from taxes, licenses and
taxes, licenses and market fees,
market fees, and which are intended primarily and
and which are intended primarily
19 exclusively for the purpose of financing governmental F
and exclusively for the purpose of
activities and functions of the province to which the
financing governmental activities
municipality belongs to.
and functions of the municipality.
The LGU can not always be held liable even if the evidence
20 T
is beyond reasonable doubt.

Multiple Choice Questions

____________, ______________, & _______________ shall be liable for damages for the death
1 of , or injuries suffered by any person by reason of the defective condition of roads, streets,
bridges, public buildings , and other public works under their control or supervision.

a Provinces , cities , and mayors

b Provinces , cities , and the president
c Provinces , cities , and municipalities
d Provinces , governors , and mayors
Control and Supervision over the roads, streets and other public works where death or injury
2 was suffered by any person by reason of the defective condition thereof is the
_____________________.
a requisite for assessing liability.
b mode of taxing the constituents.
c form of exercising power police.
d mayor's fault.
3 ______________ is not required when it comes to the LGU's responsibilty for civil liability.
a Proof of negligence
b A selfie with the damage done
c Receipts of usage
d Ownership
A local executive can not be held in contempt of court for any violations of a TRO because he is
4
only looking out for his constituents.
a True, good faith is a defense.
b False, willful refusal to comply with the terms ordered by the court merits such.
c True, the local executive is supreme in his territorial jurisdiction.
d False, the trial court is always right.
5 _________________ is recognized , but their __________________ is subject to evidence.
a Suability, liability
Group 4 – Liabilities of LGUs by Jeasel Abad | Page 2 of 4
b Quantum of evidence, suability
c Liability, suability
d Damage, quantum of evidence

6 Can a plaintiff who was economically damaged from a road clousure chase after the LGU?

a Yes, running to the city hall is an option.

b No, it’s a valid exercise of national authority.
Yes, Section 2246 of the Revised Administrative Code provides that no municipal road, street,
c
etc. or any part thereof "shall be closed without indemnifying any person prejudiced thereby.
No, the LGU has unlimitedauthority over the nature and use of the roads under the Local
d
Government Code.
As a general rule,the State cannot be sued unless it gives its ________________ expressly or
7
impliedly.
a revenue
b consent
c position
d disapproval
What law is currently in force that deals with the powers and functions of the local
8
government units?
a Republic Act No. 7106
b Executive Order No. 292
c Republic Act No. 6657
d Republic Act No. 7160
The properties of the municipality, whether real or personal, which are __________ for public
9 use cannot be attached and sold at execution sale to satisfy money judgment against the
municipality.
a primarily
b always used
c necessary
d seldom visited

What is the requirement for the liability to attach to a LGU when it comes to damages incurred
10
over streets or roads.

a only control
b only supervision
c always control and ownership
d either control or supervision

Enumeration

1 Two ways in which the State gives its consent to be sued.

> Expressly
> Impliedly
2 Two circumstances where local government units and
Group 4 – Liabilities of LGUs by Jeasel Abad | Page 3 of 4
 their officials are not exempt from liability.
> death or injury to persons
> damage to property
Contracts involving expenditure of public funds can be
3
made when the two following are present.
> only when there is an appropriation
must be certified by the proper accounting official/agency
that funds have been duly appropriated for the purpose,
>
which certification shall be attached to and become an
integral part of the proposed contract

4 Two types of municipal corporations

> government-owned and controlled corporation (GOCC)

> government instrumentality
Municipal revenues are derived from the following
5
three:
> taxes
> licenses
> market fees
6 Three exceptions to the extramural power of the LGU:
> protection of water supply thru regulatory ordinance
> prevention of nuisance
> purpose of police power
Two circumstances where an officer or agent of the
7 government is liable in performance of governmental
duties.
> act willfully and maliciously
with the express purpose of inflicting injury upon the
>
person
Remedy if the LGU refuses or fails to effect final money
8
judgement.
> Mandamus
9 Two fold character of a Local Government Unit
> body politik
> corporate entity
10 Cite prosivions making the LGU liable
> Art. 2189, NCC
> Sec. 24, RA 7160
> Art. 2180, NCC

Group 4 – Liabilities of LGUs by Jeasel Abad | Page 4 of 4