ANGEL MINISTERIO and ASUNCIONSADAYA vs.
THE COURT OF FIRST INSTANCE OF CEBU
40 scra 464
FACTS: Petitioners sought the payment of just compensation
for a registered lot alleging that in 1927 the National Government through its
authorized representatives took physical and material possession of it and used
it for the widening of a national road, without paying just compensation and
without any agreement, either written or verbal. There was an allegation of
repeated demands for the payment of its price or return of its possession, but
defendants Public Highway Commissioner and the Auditor General refused to
restore its possession.
ISSUE: Whether or not the defendants are immune from suit.
HOLDING: NO. Where the judgment in such a case would result
not only in the recovery of possession of the property in favor of said citizen
but also in a charge against or financial liability to the Government, then the
suit should be regarded as one against the government itself, and,
consequently, it cannot prosper or be validly entertained by the court except
with the consent of said Government. In as much as the State authorizes only
legal acts by its officers, unauthorized acts of government officials or
officers are not acts of the State, and an action against the officials or
officers by one whose rights have been invaded or violated by such acts, for
the protection of his rights, is not a suit against the State within the rule
of immunity of the State from suit.
NOTE: When the
government takes any property for public use, which is condition upon the
payment of just compensation, to be judicially ascertained, it makes manifest
that it submits to the jurisdiction of a court. The Court may proceed with the
complaint and determine the compensation to which the petitioner are entitle
(Ministerio vs.CFI, 40 SCRA 464)
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