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Meritt v. Govt. of the Phil. Island Doctrine: The State (Govt. of the Phil.

Island) is only liable for the negligent acts of its officers, agents and employees when they are acting as special agents within the meaning of Article 1903 paragraph 5 of the Civil Code, and a chauffeur of the General Hospital is not such a special agent. Plaintiff & Appellant: E. Meritt Defendant & Appellant: Government of the Phil. Island Date: March 21, 1916 Pontente: Trent, J., Summary: Merrit, riding on a motorcycle at a speed of ten to twelve miles an hour, collided with an ambulance of the General Hospital which turned suddenly and unexpectedly without having sounded any whistle or horn. Merrit was severely injured. His condition had undergone depreciation and his efficiency as a contractor was affected. The inquiry at once arises whether the Government is legally-liable for the damages resulting therefrom even if the collision was due to the negligence committed by an agent or employee of the government which is the chauffeur. Facts: It is a fact not disputed by counsel for the defendant that when the plaintiff, riding on a motorcycle, when an ambulance of the General Hospital struck the plaintiff in an intersection. By reason of the resulting collusion, the plaintiff was so severely injured that, according to Dr. Saleeby, he was suffering from a depression in the left parietal region, a wound in the same place and in the back part of his head, while blood issued from his nose and he was entirely unconscious. The marks revealed that he had one or more fractures of the skull and that the grey matter and brain had suffered material injury. Upon recovery the doctor noticed that the plaintiffs leg showed a contraction of an inch and a half and a curvature that made his leg very weak and painful at the point of the fracture. Examination of his head revealed a notable readjustment of the functions of the brain and nerves. The damages that the plaintiff got from the collision disabled him to do this work as a contractor and forced him to give up contracts he recently had. As the negligence which cause the collision is a tort committed by an agent or employee of the Government, the inquiry at once arises whether the Government is legally-liable for the damages resulting therefrom. The Philippine Legislature made an Act (Act No. 2457) that authorizes the plaintiff to bring suit against the GPI and authorizing the Attorney- General to appear in said suit. Issue: Whether or not the Government is legallyliable for the damages incurred by the plaintiff Held: No, the Government is not legally-liable for the damages incurred by the plaintiff. For, by consenting to be sued a state simply waives its immunity from suit.

Ratio: E. Meritt Merritt insisted the court erred in limiting the general damages he suffered and the time when he was entirely disabled and fixing the damage for such accordingly. Govt. of the Phil. Islands In the United States, the rule that the state is not liable for the torts committed by its officers or agents, except when expressly made so by legislative enactment, is well-settled. The rule is stated for such situations thus, that by consenting to be sued, a state simply waives its immunity from suit. It does not concede its liability to the plaintiff, or create any cause of action in his favor. It merely submits itself to the jurisdiction of the court. The Attorney-General urged that the court erred in The responsibility of the State is limited in those cases where it acts through a special agent, who finding that the collision was due to the negligence receives a definite and fixed order of commission of the chauffeur, and in holding that the State was foreign to the exercise of the duties of his office, liable for the damages sustained by the collision, or in those cases where the state acts as a judicial person capable of acquiring rights and contracting assuming the collision was due to the chauffeur obligations. The chauffeur of the ambulance of the General Hospital was not such a special agent.

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