the doctrine of sovereign immunity cannot be successfully invoked to defeat a valid claim for compensation arising from the taking without just compensation and without the proper expropriation proceedings

We further observe the doctrine of sovereign immunity cannot be successfully invoked to defeat a valid claim for compensation arising from the taking without just compensation and without the proper expropriation proceedings being first resorted to of the plaintiffs’ property.[16]  Thus,  in De los Santos v. Intermediate Appellate Court,[17] the trial court’s dismissal based on the doctrine of non-suability of the State of two cases (one of which was for damages) filed by owners of property where a road 9 meters wide and 128.70 meters long occupying a total area of 1,165 square meters and an artificial creek 23.20 meters wide and 128.69 meters long occupying an area of 2,906 square meters had been constructed by the provincial engineer of Rizal and a private contractor without the owners’ knowledge and consent was reversed and the cases remanded for trial on the merits.  The Supreme Court ruled that the doctrine of sovereign immunity was not an instrument for perpetrating any injustice on a citizen.  In exercising the right of eminent domain, the Court explained, the State exercised its jus imperii, as distinguished from its proprietary rights, or jus gestionis;  yet, even in that area, where private property had been taken in expropriation without just compensation being paid, the defense of immunity from suit could not be set up by the State against an action for payment by the owners.

http://sc.judiciary.gov.ph/jurisprudence/2011/february2011/159402.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Expropriation, Sovereign Immunity and tagged . Bookmark the permalink.

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