Professional Documents
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131544
EPG CONSTRUCTION CO., CIPER ELECTRICAL & ENGINEERING, SEPTA
CONSTRUCTION CO., PHIL. PLUMBING CO., HOME CONSTRUCTION INC., WORLD
BUILDERS CO., GLASS WORLD INC., PERFORMANCE BUILDERS DEV'T. CO., DE LEONARANETA CONST. CO., J.D. MACAPAGAL CONST. CO., All represented by their Atty. IN
FACT, MARCELO D, FORONDA
vs.
HON. GREGORIO R. VIGILAR, In His Capacity as Secretary of Public Works and
Highways
FACTS:
The scope of construction and funding under the written contracts covered
only around 2/3 of each housing unit.
ISSUE:
Whether or not the Principle of State Immunity is applicable in the case
HELD:
NO. Respondent may not validly invoke the Royal Prerogative of
Dishonesty and conveniently hide under the States cloak of invincibility against
suit, considering that this principle yields to certain settled exceptions. True enough,
the rule, in any case, is not absolute for it does not say that the state may not be
sued under any circumstance. The doctrine of governmental immunity from suit
cannot serve as an instrument for perpetrating an injustice on a citizen.
The instant petition is GRANTED. The assailed decision of the Regional Trial Court dated 07
November 1997 is REVERSED AND SET ASIDE.