Saturday, June 23, 2012

Santiago vs. Republic (Consti1)

Ildefonso Santiago, represented by his Attorney-in-Fact, Alfredo T. Santiago, petitioner, vs. The Government of the Republic of the Philippines, represented by Director, Bureau of Plant Industry, and the Regional Director, Region IX, Zamboanga City, repondent.

December 19, 1978

Fernando, J:

Facts:
  • Petitioner Ildefonso Santiago donated a parcel of land to the Bureau of Plant Industry on the terms that the Bureau should construct a building and install lighting facilities on the said lot. 
  • When time passed and there were still no improvements on the lot, Santiago filed a case pleading for the revocation of such contract of donation but the trial court dismissed the petition claiming that it is a suit against the government and should not prosper without the consent of the government.

Issue:
  • Whether or not the respondent government has waived its immunity from suit.
Held:
  • Yes.
Ratio:

  • The government's waiver of immunity was implied by virtue of the terms provided in the deed of donation. The government is a beneficiary of the terms of the donation but it did not comply with such terms. Thus, the donor Santiago has the right to be heard in the court. Also, to not allow the donor to be heard would be unethical and contrary to equity which the government so advances. The Court of First Instance is hereby directed to proceed with the case.

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