G.R. No.

L-708153
March 12, 1987
Republic vs, Feliciano
Petitioner, Republic of the Philippines
Respondents, Pablo Feliciano and Intermediate Appellate Court
Ponente, Yap
Provisions
Sections 10-11, Book I of Executive Order No. 292:
Section 10. Non-suability of the State. - No suit shall lie against the State except with
its consent as provided by law.
Section 11. The State's Responsibility for Acts of Agents. (1) The State shall be legally bound and responsible only through the acts performed
in accordance with the Constitution and the laws by its duly authorized
representatives.
(2)
The State shall not be bound by the mistakes or errors of its officers or
agents in the exercise of their functions.
Facts

Respondent Pablo Feliciano filed a complaint with the Court of First Instance
against the Republic of the Philippines, represented by the Land Authority,
for the recovery of ownership and possession of a parcel of land.
The trial court rendered a decision declaring Lot No. 1 to be the private
property of Feliciano and the rest of the property reverted to the public
domain.
The trial court reopened the case due to the filing of a motion to intervene
and to set aside the decision of the trial court by 86 settlers, alleging that
they had been in possession of the land for more than 20 years under claim
of ownership.
The trial court ordered the settlers to present their evidence but they did not
appear at the day of presentation of evidence. Feliciano, on the other hand,
presented additional evidence. Thereafter, the case was submitted for
decision and the trial court ruled in favor of Feliciano.
The settlers immediately filed a motion for reconsideration and then the case
was reopened to allow them to present their evidence.
Feliciano filed a petition for certiorari with the Appellate Court but it was
denied.
The settlers filed a motion to dismiss on the ground that the Republic of the
Philippines cannot be sued without its consent and hence the action cannot
prosper. The motion was opposed by Feliciano.

Issue
WoN the state can be sued for recovery and possession of a parcel of land.
Ratio
NO. A suit against the state is not permitted, except upon a showing that the state
has consented to be sued, either expressly or by implication through the use of
statutory language too plain to be misinterpreted.

The complaint involves land not owned by the state but private land belonging to
Feliciano, hence the government is not being divested of any of its properties.
Ruling
WHEREFORE, judgment is hereby rendered reversing and setting aside the
appealed decision of the Intermediate Appellate Court, dated April 30, 1985, and
affirming the order f the court a quo, dated August 21, 1980, dismissing the complaint
filed by respondent Pablo Feliciano against the Republic of the Philippines. No costs.
SO ORDERED.