GR No.

L-5156, 11 March 1954

Carmen Festejo vs Isaias Fernando, Director de Obras Publicas

- Zyra Mae Antido

Facts:

Isaias Fernando, as Director of the Bureau of Public Works, is the official

responsible for the construction of irrigation projects and systems in the Philippines.
While holding said office, Fernando, without authority obtained first from the CFI of
Ilocos Sur, without obtaining first a right of way, and without the consent and
knowledge Carmen Festejo, and against her express objection, unlawfully took
possession of portions of three parcels of her land and caused an irrigation canal to
be constructed on the portion therof on or about the month of February 1951, to the
damage and prejudice of the plaintiff Festejo.
Festejo filed a complaint against Fernando as Director of the Bureau of Public
Works and prayed for a judgment ordering the defendant to return or caused to be
returned the possession of the portions of land unlawfully occupied and appropriated
in the aggregate area of 24,179 square meters and to return the land to its former
condition under the expense of the defendant. In any event that the portions of land
unlawfully occupied and appropriated can not be returned, then to order the defendant
to pay the plaintiff the sum of P19,343.20 as value of the land plus damages and
attorney’s fees.
The defendant, through the Attorney General, filed a motion for the dismissal
of the claim on the ground that the Court has no jurisdiction to issue a valid judgment
against him, since the claim is against the Republic of the Philippines, and the latter
has not consented to the claim.

Issue:

Whether or not the claim is against the State who has not consented to the
same.

Ruling:

No. The Supreme Court ruled that the claim against Isaias Fernando, Director
of the Bureau of Public Works, is one directed personally against him, for acts that he
assumed to execute in his official capacity. The law does not exempt him from
responsibilty for the acts committed by him outside the scope of his official duties.
Ordinarily the officer or employee committing the tort is personally liable
therefor, and may be sued as any other citizen and held answerable for whatever injury
or damage results from his tortious act. — 49 Am. Jur. 289.
. . . If an officer, even while acting under color of his office, exceeds the power
conferred on him by law, he cannot shelter himself under the plea that he is a public
agent. — 43 Am. Jur. 86.
It is a general rule that an officer-executive, administrative quasi-judicial,
ministerial, or otherwise who acts outside the scope of his jurisdiction and without
authorization of law may thereby render himself amenable to personal liability in a civil
suit. If he exceed the power conferred on him by law, he cannot shelter himself by the
plea that he is a public agent acting under the color of his office, and not personally.
In the eye of the law, his acts then are wholly without authority.