De Los Santos v IAC (Digest)

DE LOS SANTOS VS. IAC (INTERMEDIATE APPELATE COURT) Emiliano r. De los santos, spouses norma a. Padilla and isidoro l. Padilla and the heirs of franciscodayrit --petitioners Intermediate appellate court, hon. hon. Judge cicero c. Jurado, nestor agustin and edilbertocadiente--respondents.

FACTS: Petitioners were co-owners of a parcel of land located in Barrio Wawa, Binangonan, Rizal (19,061 square meters). They filed civil case no. 46800, against Lorenzo Cadiente, a private contractor and Provincial Engineer constructed a road within their  property without without their consent. Respondents also constructed, an artificial creek occupying 2906 square meters of their property. They also filed Civil Case no. 46801 ± against deprivation of property without due process of law and without compensation The two cases were consolidated and Solicitor General filed a motion to dismiss both cases y

y

y

y

ISSUES: *

Whether or not the State may be sued being that it has not given its consent

HELD: y y

y

 YES.

From Amigable v Cuenca: where a governments takes away property  from a private landowner for public use without going through the legal   process of expropriation or negotiated sale, a suit may properly be maintained against the government. ± The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen. The civil action may be based under Art 32 NCC and the constitutional provisions on rights against privation of property without due process of  law and without just compensation.