Republic vs Sandiganbayan; G.R. No. 90478; 21 Nov 1991; 204 SCRA 212

FACTS:
Tantoco and Santiago filed with the Sandiganbayan a pleading denominated as interrogatories to plaintiff as well as a motion for production and inspection of documents. PCGG claims that the documents sought to be produced are privileged in character and their use is proscribed by the immunity provisions of E.O. 1.

ISSUE(S):
Whether or not petitioner can object to the interrogatories served to it in accordance with Rule 25 of the Rules of Court.

HELD:
NO. The State is, of course, immune from suit in the sense that it cannot, as a rule, be sued without its consent. But it is axiomatic that in filing in action, it divests itself of its sovereign character and sheds its immunity from suit, descending to the level of an ordinary litigant.

 

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Category: Legal Chyme

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