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SUPREME COURT
Manila
EN BANC
G.R. No. L-20213
complaint states no cause of action; and that the cause of action is barred by the
statute of limitations.1wph1.t
Acting on the said motion, the court, on March 2, 1962, rendered an order
dismissing the complaint on the ground that the action has prescribed.
Motion for reconsideration of the said order having been denied, the plaintiff has
interposed this appeal.
Without need of discussing the various questions raised, we have to uphold the
order of dismissal, not necessarily on the same ground as found by the lower
court; but for the simple reason that the Court of First Instance has no jurisdiction
over the subject matter, it being a money claim against the government.
This Court has already held (New Manila Lumber Co. Inc. vs. Republic, G.R. No.
L-14248, April 28, 1960) that a claim for the recovery of money against the
government should be filed with the Auditor General, in line with the principle that
the State cannot be sued without its consent. Commonwealth Act 327 provides:
SECTION 1. In all cases involving the settlement of accounts or claims,
other than those of accountable officers, the Auditor General shall act and
decide the same within sixty days, exclusive of Sundays and holidays,
after their presentation. . . .
SEC. 2. The party aggrieved by the final decision of the Auditor General in
the settlement of an account or claim may, within thirty days from receipt
of the decision, take an appeal in writing:
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