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 as
shown by a transfer of Certificate of Title issued to her by the Registry of Deeds of Cebu dated
February 1, 1924. There was no annotation in favor of the government as to any right or interest in
the property appears at the back of the certificate. Without negotiated sale, the government used an
area of 6,167 square meters of the said lot for the construction of Mango and Gorordo Avenues. The
appelant’s counsel wrote to the President of the Philippines requesting payment for the portion of
her lot that was appropriated by the government. The claim was indorsed to the Auditor General but
he disallowed it. Amigable then filed a complaint in court, for the recovery and possession of
ownership of the portion of land used in Mango and Gorordo Avenues. She also sought the payment
of compensatory damages in the sum of P50,000.00 for the illegal occupation of her land, moral
damages in the sum of P25,000.00, attorney's fees in the sum of P5,000.00 and the costs of the suit.
The defendants filed a joint answer denying the material allegations of the complaint. One of the
defenses they posed was that the action being a suit against the Government, the claim for moral
damages, attorney's fees and costs had no valid basis since as to these items the Government had
not given its consent to be sued.

Issue:

1) Whether or not the appellant may properly sue the government under the facts of the case

Ruling:

Amigable may properly maintain a suit against the government without thereby violating the
doctrine of governmental immunity from suit without its consent. It is for the reason that the
Constitution mandates for the due compensation of the land being used by the government, since
there was no annotation in favor of the government at the back of the Certificate of Title.