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DE LOS SANTOS VS. IAC (INTERMEDIATE APPELATE COURT) Emiliano r. De los santos, spouses norma a.

Padilla and isidoro l. Padilla and the heirs of franciscodayrit --petitioners Intermediate appellate court, hon. Judge cicero c. Jurado, nestor agustin and edilbertocadiente--respondents.

FACTS: y Petitioners were co-owners of a parcel of land located in Barrio Wawa, Binangonan, Rizal (19,061 square meters). y They filed civil case no. 46800, against Lorenzo Cadiente, a private contractor and Provincial Engine er constructed a road within their property without their consent. Respondents also constructed, an artificial creek occupying 2906 square meters of their property. y They also filed Civil Case no. 46801 against deprivation of property without due process of law and without compensation y The two cases were consolidated and Solicitor General filed a motion to dismiss both cases

ISSUES:

* Whether or not the State may be sued being that it has not given its consent
HELD: y YES. y From Amigable v Cuenca: where a governments takes away property from a private landowner for public use without going through the legal process of expropriation or negotiated sale, a suit may properly be maintained against the government. The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen. y The civil action may be based under Art 32 NCC and the constitutional provisions on rights against privation of property without due process of law and without just compensation.