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Ruling: The petitioner cannot be held liable by virtue of Here, the driver of the dump truck of the municipality
the non-suability of the State. insists that “he was on his way to the Naguilian river to
get a load of sand and gravel for the repair of San
The general rule is that the State may not be sued Fernando’s municipal streets.” In the absence of any
except when it gives consent to be sued (Article XVI, evidence to the contrary, the regularity of the
Sec. 3 of the Constitution). Consent takes there form of performance of official duty is presumed pursuant to
either express or implied consent. Section 3(m) of Rule 131 of the Revised Rules of Court.
CONSTITUTIONAL LAW I 2