Republic of the Philippines, petitioner-appellee, vs. Pablo Feliciano and Intermediate Appellate Court, respondents-appellants.
March 12, 1987
Yap, J:
Facts:
- Respondent Pablo Feliciano filed a complaint with the Court of First Instance against the Republic of the Philippines, represented by the Land Authority, for the recovery of ownership and possession of a parcel of land.
- The trial court rendered a decision declaring Lot No. 1 to be the private property of Feliciano and the rest of the property reverted to the public domain.
- The trial court reopened the case due to the filing of a motion to intervene and to set aside the decision of the trial court by 86 settlers, alleging that they had been in possession of the land for more than 20 years under claim of ownership.
- The trial court ordered the settlers to present their evidence but they did not appear at the day of presentation of evidence. Feliciano, on the other hand, presented additional evidence. Thereafter, the case was submitted for decision and the trial court ruled in favor of Feliciano.
- The settlers immediately filed a motion for reconsideration and then the case was reopened to allow them to present their evidence.
- Feliciano filed a petition for certiorari with the Appellate Court but it was denied.
- The settlers filed a motion to dismiss on the ground that the Republic of the Philippines cannot be sued without its consent and hence the action cannot prosper. The motion was opposed by Feliciano.
Issue:
- Whether or not the state can be sued for recovery and possession of a parcel of land.
Held:
- No
Ratio:
- A suit against the state is not permitted, except upon a showing that the state has consented to be sued, either expressly or by implication through the use of statutory language too plain to be misinterpreted.
- The complaint involves land not owned by the state but private land belonging to Feliciano, hence the government is not being divested of any of its properties.
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