I M A Lawyer

Tuesday, July 7, 2009

Case Digest - Ministerio vs. Court of First Instance, G.R. No. L-31635, August 31,
1971
Ministerio vs. Court of First Instance, G.R. No. L-31635, August 31, 1971

FACTS: Petitioners as plaintiffs in a complaint filed with the Court of First

Instance of Cebu, dated April 13, 1966, sought the payment of just compensation for
a registered lot, containing an area of 1045 square meters, 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 the Gorordo Avenue, a
national road, Cebu City, 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. It
was further alleged that on August 25, 1965, the appraisal committee of the City of
Cebu approved Resolution No. 90, appraising the reasonable and just price of Lot
No. 647-B at P50.00 per square meter or a total price of P52,250.00. Thereafter,
the complaint was amended on June 30, 1966 in the sense that the remedy prayed for
was in the alternative, either the restoration of possession or the payment of the
just compensation.

In the answer filed by defendants, now respondents, through the then Solicitor
General, now Associate Justice, Antonio P. Barredo, the principal defense relied
upon was that the suit in reality was one against the government and therefore
should be dismissed, no consent having been shown. Then on July 11, 1969, the
parties submitted a stipulation of facts to this effect: "That the plaintiffs are
the registered owners of Lot 647-B of the Banilad estate described in the Survey
plan RS-600 GLRO Record No. 5988 and more particularly described in Transfer
Certificate of Title No. RT-5963 containing an area of 1,045 square meters; That
the National Government in 1927 took possession of Lot 647-B Banilad estate, and
used the same for the widening of Gorordo Avenue; That the Appraisal Committee of
Cebu City approved Resolution No. 90, Series of 1965 fixing the price of Lot No.
647-B at P50.00 per square meter; That Lot No. 647-B is still in the possession of
the National Government the same being utilized as part of the Gorordo Avenue, Cebu
City, and that the National Government has not as yet paid the value of the land
which is being utilized for public use."

The lower court dismissed the complaint on January 30, 1969 stating that the case
is undoubtedly against the National Government and there is now showing that the
Government has not consented to be sued in this case. The petitioners appealed by
certiorari to review the decision and contended that they are entitled for just
compensation under the Art III, Sec. 1 (2) of the Constitution.

ISSUE: Whether or not, the decision of the CFI of Cebu to dismiss the complaint by
reason Government immunity from suit correct?

HELD: NO. The doctrine of governmental immunity from suit cannot be an instrument
for perpetrating an injustice on a citizen. If there were an observance of
procedural regularity, petitioners would not be in sad plaint they are now. It is
unthinkable then that precisely there was a failure on what the law requires and
the petitioners has the right to demand from the Government what is due to them.
The Supreme Court decided that the lower court’s decision of dismissing the
complaint is reversed and the case remanded to the lower court for proceedings in
accordance with law.

yahookid at 10:55 PM
No comments:
Post a Comment
‹
›
Home
View web version
About Me
My photo
yahookid
This is an unofficial and personal blog of the author. Contents herein are the
personal views of the author unless explicitly expressed otherwise. Books and other
citations are results of the author's research in the internet, and other sources.
E-books will contain missing pages as they are mere excerpts of the original.
View my complete profile
Powered by Blogger.