MINISTERIO VS CITY OF CEBU (GR No. L-31635) Constitutional Law

G.R. No. L-31635 August 31, 1971

ANGEL MINISTERIO and ASUNCION SADAYA, petitioners,

vs.

THE COURT OF FIRST INSTANCE OF CEBU, Fourth Branch, Presided by the Honorable, Judge JOSE C. BORROMEO, THE PUBLIC HIGHWAY COMMISSIONER, and THE AUDITOR GENERAL, respondents.

Ponente:

FERNANDO, J.:

Action:

Appeal by certiorari to review a decision of the Court of First Instance of Cebu

Facts:

Petitioners sought the payment of just compensation for a registered lot alleging that in 1927 the National Government through its authorized representatives took physical and material possession of it and used it for the widening of a national road, without paying just compensation and without any agreement, either written or verbal. There was an allegation of repeated demands for the payment of its price or return of its possession, but defendants Public Highway Commissioner and the Auditor General refused to restore its possession.

Issues: Whether or not the defendants are immune from suit.

Ruling:

WHEREFORE, the lower court decision of January 30, 1969 dismissing the complaint is reversed and the case remanded to the lower court for proceedings in accordance with law.

Ratio Decidendi:

NO. Where the judgment in such a case would result not only in the recovery of possession of the property in favor of said citizen but also in a charge against or financial liability to the Government, then the suit should be regarded as one against the government itself, and, consequently, it cannot prosper or be validly entertained by the court except with the consent of said Government. In as much as the State authorizes only legal acts by its officers, unauthorized acts of government officials or officers are not acts of the State, and an action against the officials or officers by one whose rights have been invaded or violated by such acts, for the protection of his rights, is not a suit against the State within the rule of immunity of the State from suit.

The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen.