Consti Law (#21)

Santiago v. Republic
G.R. No. L-48214
December 19, 1978

Nature of actions: Petition of revocation of donation against the Republic of the Philippines.

Facts:

Petitioner Ildefonso Santiago donated a parcel of land to the Bureau of Plant Industry
The terms of the donation are: that the Bureau should construct a building on the said lot and
that the building should be finished by December 7, 1974, that the Bureau should install lighting
facilities on the said lot.
When time passed and there were still no improvements on the lot, Santiago filed a case
pleading for the revocation of such contract of donation but the trial court dismissed the
petition claiming that it is a suit against the government and should not prosper without the
consent of the government.

Issue:

Whether or not the state can be sued without its consent.

Ruling:

The writ of Certiorari prayed is granted and the order of dismissal of October 20, 1977 is
nullified, set aside and declare to be without force and effect.

Ratio Decidendi:

The government's waiver of immunity was implied by virtue of the terms provided in the deed
of donation. The government is a beneficiary of the terms of the donation but it did not comply with
such terms. Hence, the donor, Ildefonso Santiago has the right to be heard in the court. Also, to not
allow the donor to be heard would be contrary to equity which the government so advances. The Court
of First Instance is hereby directed to proceed with the case.

The Supreme Court rules, that the constitutional provision shows a waiver. Where there is
consent, a suit may be filed. Consent need not to be express. It can be implied. In this case it must be
emphasized, goes no further than a rule that a donor, with the Republic or any of its agency being a
Donee, is entitle to go to court in case of an alleged breach of the conditions of such donation.