Immunity to Suit

The authority and power to waive the immunity to suit of the government of Guam, or any of its authorities, departments, agencies, or instrumentalities is vested solely in I Liheslaturan Guåhan. SOURCE: Former Govt. Code § 104, as modified. 2025 NOTE: Reference to the “Guam Legislature” replaced with I Liheslaturan Guåhan pursuant to 2 GCA § 1101. COMMENT: While the basic statement is unchanged, reference has been made to other entities of the government which have been created by the Legislature since the adoption of the original Section. This Section has no actual effect of waiver or lack of waiver of immunity to suit, but merely reflects the Organic Act reference to the power of the Legislature as the sole body authorized to waive the sovereign immunity which is given by the Organic Act. Specific sections of the Codes deal with the actual waiver, such as 5 GCA Chapter 6 (Government Claims) with reference to the general government. The Legislature has created each autonomous agency by a separate act, but has amended the Claims Law to cover all such agencies.