Amigable v. Cuenca
G.R. No. L-26400
February 29, 1972
VICTORIA AMIGABLE, plaintiff-appellant, vs. NICOLAS CUENCA, as Commissioner of Public Highways and REPUBLIC OF THE PHILIPPINES, defendants-appellees
Facts:
Victoria Amigable is the registered owner of Lot No. 639 of the Banilad Estate in Cebu City. She had a transfer certificate title issued by the Register of Deeds of Cebu on February 1, 1924. No annotation in favor of the government of any right or interest in the property appears at the back of the certificate. Without prior expropriation or negotiated sale, 6,167 square meters of land was used for the construction the Mango and Gorordo Avenues.
On March 27, 1958, AMigable’s counsel wrote the President of the Philippines, requesting the payment for her lot. The claim was indorsed to the Auditor General and was disallowed it in his 9thIndorsement dated December 9, 1958.
Amigable filed a complaint against the Republic of the Philippines and Nicolas Cuenca in his capacity as Commissioner of Public Highways for the recovery of the portion of the lot used. In answer, the defendants interposed the following defenses:
1. The action was premature, the claim not having been filed first with the office of the Auditor General
2. The right of action for the recovery of the any amount which might be due to Amigable had already prescribed.
3. The action being a suit to the government, the claim for moral damages and other costs have no valid basis since the government did not give its consent to be sued.
4. Since it was only the province of Cebu who had misappropriated the lot, Amigable has no cause of action against the defendants.
Issue:
Can Amigable properly sue the government?
Ruling:
Yes. In its decision, the Court cited Ministerio v. Court of First Instance of Cebu, which also involved a claim for payment of the value of a portion of land used for the widening of Gorordo Avenue in Cebu City. Where 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 thereby violating the doctrine of governmental immunity from suit without its consent.
It's a Ping Thing 