MERRITT VS.

GOVERNMENT OF THE PHILIPPINE ISLANDS

G.R. No. L-11154, March 21 1916, 34 Phil. 311
E. MERRITT, Plaintiff-Appellant, v. GOVERNMENT OF THE PHILIPPINE ISLANDS,
Defendant-Appellant.
Crossfield & OBrien for plaintiff.
Attorney-General Avancea for defendant.
FACTS:
This is an appeal by both parties from a judgment of the Court of First Instance of the
city of Manila in favor of the plaintiff for the sum of P14,741, together with the costs of
the cause. Plaintiff was involved in an accident concerning him and a General Hospital
ambulance resulting in him being incapacitated. He sustained severe injuries rendering
him unable to return to work. Act No. 2457 was enacted in his favor which reads:
"An act authorizing E. Merritt to bring suit against the Government of the Philippine
Islands and authorizing the Attorney-General of said Islands to appear in said suit.
"Whereas a claim has been filed against the Government of the Philippine Islands by
Mr. E. Merritt, of Manila, for damages resulting from a collision between his motorcycle
and the ambulance of the General Hospital on March twenty-fifth, nineteen hundred and
thirteen;
"Whereas it is not known who is responsible for the accident nor is it possible to
determine the amount of damages, if any , to which the claimant is entitled; and
"Whereas the Director of Public Works and the Attorney-General recommend that an
act be passed by the Legislature authorizing Mr. E. Merritt to bring suit in the courts
against the Government, in order that said questions may be decided: Now, therefore,
"By authority of the United States, be it enacted by the Philippine Legislature, that:
"SECTION 1. E. Merritt is hereby authorized to bring suit in the Court of First Instance
of the city of Manila against the Government of the Philippine Islands in order to fix the
responsibility for the collision between his motorcycle and the ambulance of the
General Hospital, and to determine the amount of the damages, if any, to which
Mr. E. Merritt is entitled on account of said collision, and the attorney-General of
the Philippine Islands is hereby authorized and directed to appear at the trial on
the behalf of the Government of said Islands, to defend said Government at the
same.

"SEC. 2. This Act shall take effect on its passage.

"Enacted, February 3, 1915."
ISSUE:
1. Whether or not the State is immune from suit.
2. Whether or not the government is liable for the negligent act of the driver of the
ambulance.
HELD:
The accident was due to the negligence of the ambulances chauffeur. As the
negligence was committed by an agent or employee of the government involving tort,
the inquiry arises whether the government is legally liable for damages.
The State is not liable for the torts committed by its officers or agents whom it employs,
except when expressly made so by legislative enactment. The government does not
undertake to guarantee to any person the fidelity of the officers or agents whom it
employs since that would involve it in all its operations in endless embarrassments,
difficulties and losses, which would be subversive of the public interest.
By consenting to be sued, a state simply waives its immunity from suit. It does not
thereby concede its liability or create any cause of action in his favor, or extend his
liability to any cause not previously recognized. It merely gives a remedy to enforce a
preexisting liability and submits itself to the jurisdiction of the court, subject to its right to
interpose any lawful defense.
The State is not responsible for the damages suffered by private individuals in
consequence of acts performed by its employees in the discharge of the functions
pertaining to their office, because neither fault nor negligence can be presumed on the
part of the state in the organization of branches in the public service and in the
appointment of its agents. The responsibility of the State is limited to that which it
contracts through a special agent, duly empowered by a definite order or commission
to perform some act or charged with some definite purpose which gives rise to the
claim.
Note:
Special Agent - in the sense in which these words are employed, is one who receives a
definite and fixed order or commission, foreign to the exercise of the duties of his office if he
is a special official, so that in representation of the state and being bound to act as an agent
thereof, he executes the trust confided to him.

This concept does not apply to any executive agent who is an employee of the acting
administration and who on his own responsibility performs the functions which are inherent
in and naturally pertain to his office and which are regulated by law and the regulations."
(Supreme Court of Spain, May 18, 1904; 98 Jur. Civ., 389, 390.)

Damages sought:
The two items which constitute a part of the P14,741 and which are drawn in question
by the plaintiff are (a) P5,000, the award awarded for permanent injuries, and (b) the
P2,666, the amount allowed for the loss of wages during the time the plaintiff was
incapacitated from pursuing his occupation.
We find nothing in the record which would justify us in increasing the amount of the first.
As to the second, the record shows, and the trial court so found, that the plaintiff's
services as a contractor were worth P1,000 per month. The court, however, limited the
time to two months and twenty-one days, which the plaintiff was actually confined in the
hospital. In this we think there was error, because it was clearly established that the
plaintiff was wholly incapacitated for a period of six months.
The mere fact that he remained in the hospital only two months and twenty-one days
while the remainder of the six months was spent in his home, would not prevent
recovery for the whole time. We, therefore, find that the amount of damages sustained
by the plaintiff, without any fault on his part, is P18,075.

Sources:
http://whateverjuan.blogspot.com/2013/07/merritt-vs-government-of-philippine.html
http://www.lawphil.net/judjuris/juri1916/mar1916/gr_l-11154_1916.html
http://www.uberdigests.info/2011/09/meritt-vs-government-of-the-philippine-islands/