Case Digest the recovery of compensation is the only relief and denial of such will cause

injustice to the landowner pursuant to 1987 Constitution Art. III Section. 9

Sec. DPWH VS TECSON 700 SCRA 243
“ private property shall not be taken for public use without just
compensation”

Facts: 2. Prescription and laches are no longer proper issues, since it was not
raised in pre-trial order nor considered in the adjudication of the RTC.
This is a petition before the court of appeals on RTC decision. Respondent
Heracleo and Ramona Tecson are co-owners of a parcel of land in Malolos The court held that while disparity on the outdated valuation of the
Bulacan to which their properties was taken by the govt sometime 1940 but property of the state may appear inequitable to the respondents it is equally
without the necessary expropriation proceedings for the use of McArthur true as well that they remiss in guarding against the cruel effects of belated
Highway construction. Later in the year 1994 the respondents claimed for claim thus just compensation shall be fixed not as of the time of payment but
the payment of the land based on the fair market value, yet this was at the time of taking that is 1940.
opposed by the petitioner DPWH Sec. Conteras as they offered the subject
land at the rate of 0.70 per sqm per resolution of Provincial Appraisal
Committee, based on 1940 market value. Unsatisfied by the offer
respondents demanded for the return of the property or payment of
compensation at the current fair market value which is 1,500.
Further, contentions of the petitioner to dismiss the complaint on the
grounds:
1. That the suit is against the state which may not be sued without proper
consent
2. That the case has already prescribed
Issue: W/N the contentions of the petitioner on the case are noteworthy
Held:
1. Respondents claimed for the recovery of the damages is indeed a suit
against the state from which prior waiver of immunity is required, the Court
of Appeals ruled that state immunity from the suit is not applicable because