Santiago v Republic, 87 SCRA 294

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Facts: On August 9, 1976, Ildefonso Santiago through his counsel filed an action for revocation of a Deed of Donation executed by him and his spouse in January of 1971, with the Bureau of Plant Industry as the Donee, in the Court of First Instance of Zamboanga City. Mr. Santiago alleged that the Bureau, contrary to the terms of donation, failed to install lighting facilities and water system on the property and to build an office building and parking lot thereon which should have been constructed and ready for occupancy on before December7, 1974. That because of the circumstances, Mr. Santiago concluded that he was exempt from compliance with an explicit constitutional command, as invoked in the Santos v Santos case, a 1952 decision which is similar. The Court of First Instance dismissed the action in favor of the respondent on the ground that the state cannot be sued without its consent, and Santos v Santos case is discernible. The Solicitor General, Estelito P. Mendoza affirmed the dismissal on ground of constitutional mandate. Ildefonso Santiago filed a petition for certiorari to the Supreme Court.

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

Held: 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.


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. The Court of First Instance of Zamboanga City, Branch II, is hereby directed to proceed with this case, observing the procedure set forth in the rules of court. No cost.

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