Amigable vs Cuenca

G.R. No. L-26400

43 SCRA 360

February 29, 1972

Petitioner: Victoria Amigable

Respondent: Nicolas Cuenca, as Commissioner of Public Highways and the Republic of the Philippines

FACTS: Victoria Amigable rightfully owned a lot in Cebu City which was used by the government for Mango and Gorordo Avenues without her permission and without proper negotiation of sales. Because of this, she filed a case in CFI Cebu.

Defendants argue that 1) Action was premature; 2) Right of action has already been prescribed; 3) Government cannot be sued without its consent and; 4) Cebu already agreed to use the land as such. 

CFI rendered a decision which states that Amigable cannot restore and recover her ownership and possession of the said land and thus dismissed the complaint on grounds that state may not be sued without its consent. 

ISSUE: Whether or not petitioner Amigable may rightfully sue the government without its consent.

HELD: In the case of Ministerio vs Court of First Instance of Cebu, it was held that when the government takes away property from a private landowner for public use without going through the legal process of expropriation or negotiated sale, the aggrieved party may properly maintain a suit against the government without violating the doctrine of governmental immunity from suit without its consent.

In the case at bar, since no annotation in favor of the government appears at the back of the certificate of title and plaintiff has not executed any deed of conveyance of any portion of the lot to the government, then she remains as the rightful owner of the lot. 

She could then bring an action to recover possession of the land anytime, because possession is one of the attributes of ownership. However, since such action is not feasible at this time since the lot has been used for other purposes, the only relief left is for the government to make due compensation of the exact amount, price or value of the lot at the time of the taking. 

Petition is partly GRANTED. 

• Constitutional Law 1: Immunity from suit (Texbook: Cruz, Professor: Atty. Usita)

♥ Reese Corpuz