Guam § 6301 - Subsection (d)(4) added by P.L. 24-080:2. Subsection (d)

§ 6301. Subsection (d)(4) added by P.L. 24-080:2. Subsection (d)

amended by P.L. 29-076:3 (May 9, 2008). Subsection (b) amended by

P.L. 35-111:2 (Dec. 1, 2020).

2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606,

numbers and/or letters in subsections (d) (3) and (4) were altered to

adhere to the Compiler’s alpha-numeric scheme.

COMMENT: GC § 6500.13 became permanent law in the 14th Guam

Legislature. It is continued here in its existing form modified to suit the

format of this Chapter. Since the Guam Memorial Hospital is an

autonomous agency, it must be treated differently than the Department of

Public Health and Social Services, which is a line agency. Also,

Government Health Professionals may be acting as agents of the

government through other line agencies.

This Section also clears up a number of difficulties that have arisen

in suits over the years, but never resolved on appeal. Thus, it is clear that

the government is liable, as a government, only for the obligations of line

COL6/24/2021

agencies. The autonomous agencies are liable for their own torts. For

contract obligations see § 6500.31.

The rationale for providing the same limitations for all of the

government is that, unlike private parties, the government has a

continuing responsibility for the whole people of Guam. One or two suits

cannot defeat the rationale for the government’s existence by so depleting

the treasury that the government cannot function. A similar rationale

applies to the Hospital, the Telephone and Power Authorities, and any

other such autonomous agencies as the Legislature may see fit to create.

The tort limitations are raised to take into account inflation,

increased court awards and the needs of the victims of the torts.

1986 NOTE: The reference in this section as published in P.L. 17-029 to