December 19, 1978 ponente: Fernando, J. Topic: Equity Facts: On August 9, 1976, Petitioner Idelfonso Santiago filed an action in the Court of First Instance of Zamboanga City against the government of the Republic of the Philippines for the revocation of a deed of donation executed by him and his spouse in January of 1971. The reason for this is that the Bureau failed to "install lighting facilities and water system on the property donated and to build an office building and parking [lot] thereon which should have been constructed and ready for occupancy on or before December 7, 1974 which is in the terms of the donation. That led him to conclude that under the circumstances, he was exempt from compliance with such an explicit constitutional command. The lower court sustained a motion to dismiss on the part of the defendant Republic of the Philippines because the New Constitution of the Philippines expressly provides that the state may not be sued without its consent. Issue/s: 1. WON the government is immune from the suit Hold: 1. Yes a. The failure of the Government to comply with the conditions of the donation, it waived its immunity. The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen. The petitioner has the right to be heard. Under the circumstances, the fundamental postulate of non-suability cannot stand in the way. It is made to accommodate itself to the demands of procedural due process, which is the negation of arbitrariness and inequity. Decision: WHEREFORE, the writ of certiorari prayed for is granted and the order of dismissal of October 20, 1977 is nullified, set aside and declared to be without force and effect. The Court of First Instance of Zamboanga City, Branch II, is hereby directed to proceed with this case, observing the procedure set forth in the Rules of Court. No costs.
Relevant terms/concepts:
Equity: Also called chancery. the application of the dictates of conscience or the
principles of natural justice to the settlement of controversies.