De Los Santos vs. IAC (Consti1)

Emiliano R. De Los Santos, Spouses Norma A. Padilla and Isidoro L. Padilla and the Heirs of Francisco Dayrit, petitioners, vs. The Hon. Intermediate Appellate Court, Hon. Judge Cicerro C. Jurado and Edilberto Cadiente, respondents.

Third Division

Romero, June 2, 1993

Topic: Sovereignty - Suits not against the State - Expropriation 

Facts: 

• Petitioners are co-owners of a parcel of land in Barrio Wawa, Binangonan, Rizal (area: 19,061 sq m)
• Petitioners allege that in October 1981, without their knowledge or consent, Lorenzo Cadiente, a private contractor and the Provincial Engineer of Rizal constructed a road 9 meters wide and 128.70 meters long occupying 1,165 sq m of their parcel of land
• Aside from the road, an artificial creek 23.20 meters wide and 128.69 meters long was also constructed, occupying an area of 2,906 sq m of their property
• Constructed in a zigzag manner, the creak meandered through their property
• Petitioners files two cases which were later consolidated
• Solicitor General filed a motion to dismiss both cases several grounds, including that both cases were in reality suits against the state which could not be maintained without the State's consent
• The lower court dismissed the petition; petitioners elevated the case to the SC on certiorari, which referred the cases back to the IAC
• IAC ruled: the two actions cannot be maintained because they are suits against the State without consent
• Case was again elevated to the SC on certiorari

 Issue:

• Whether or not the consolidated actions, as suits against the State, can be maintained

Holding:

•  Yes.

Ratio:

•  The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen; it cannot serve as defense by the State against an action for payment by the owner
• The respondent government officials executed a shortcut in appropriating petitioners' property for public use; no expropriation proceedings had been undertaken prior to the construction of the projects
• Damages may be awarded the petitioners in the form of legal interest on the price of the land to be reckoned from the time of the unlawful taking

Petition granted. Civil Cases remanded to the lower court for trial on the merits after the Republic of the Philippines shall have been impleaded as defendant in both cases.