E.

MERRITT, plaintiff-appellant,
Vs.
Government of the Philippine Islands, defendant-appelant.
G.R. NO. L-11154
March 21, 1916

FACTS:
Merritt, a contractor, was riding a motorcycle along the Calle of Padre Faura when suddenly it
had been struck by the General Hospital Ambulance, who is said that it turned suddenly and
unexpectedly which caused the collision of the two, resulted to the severe injury of the plaintiff
and rendering him unable to return to work. Trial Court to the effect that the collision of the two
was due solely to the negligence of the chauffeur.
Later Act 2457 was enacted allowing/authorizing Merritt to to file a case against the Government
in order to fix the responsibility for the collission between his motorcycle andthe ambulance of
General Hospital, and to determine the amount of damages, if any, to which he is entitled.
Lower court held that collission was due to the negligence of the driver of the ambulance. It has
determined the amount of damages and ordered the government-defendant to pay the same.

ISSUES:
1. As Act 2457 is enacted, did the goverment simply waive its immunity from suit or did it also
accepted being liable to the plaintiff?

2. Is the government liable for the negligent act of the driver of the General Hospital
ambulance?

HELD:
1. By consenting to be sued a state simply waives its immunity from suit. It does not concede
its liability to plaintiff, or create any cause of action if his favor, or extend its 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.

2. Under the Civil Code, the state is liable when it acts through a special agent, but not when
the damage should have been caused by the official to whom properly it pertained to do
the act performed. A special agent 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. 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.
The driver of the ambulance of the General Hospital was not a special agent; thus the
Government is not liable.

Prepared by: Mimi