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State Immunity vis-a-vis private contractors

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lilababes


Arresto Menor

A case for damages was filed against DPWH and its private contractor in relation to a bridge being built. DPWH raised in its answer state immunity as affirmative defense. RTC dismissed the case due to lack of cause of action. Plaintiff questioned the decision, arguing among others that state immunity cannot be extended to private-defendant.

Is plaintiff correct?

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