Santiago vs Republic

G.R. No. L-48214

December 19, 1978
ponente: Fernando, J.
Topic: Equity
Facts:
On August 9, 1976, Petitioner Idelfonso Santiago filed an action in the Court of
First Instance of Zamboanga City against the government of the Republic of the
Philippines for the revocation of a deed of donation executed by him and his spouse in
January of 1971.
The reason for this is that the Bureau failed to "install lighting facilities and water
system on the property donated and to build an office building and parking [lot] thereon
which should have been constructed and ready for occupancy on or before December 7,
1974 which is in the terms of the donation.
That led him to conclude that under the circumstances, he was exempt from
compliance with such an explicit constitutional command.
The lower court sustained a motion to dismiss on the part of the defendant
Republic of the Philippines because the New Constitution of the Philippines expressly
provides that the state may not be sued without its consent.
Issue/s:
1. WON the government is immune from the suit
Hold:
1. Yes
a. The failure of the Government to comply with the conditions of the
donation, it waived its immunity. The doctrine of governmental immunity from suit
cannot serve as an instrument for perpetrating an injustice on a citizen. The
petitioner has the right to be heard. Under the circumstances, the fundamental
postulate of non-suability cannot stand in the way. It is made to accommodate
itself to the demands of procedural due process, which is the negation of
arbitrariness and inequity.
Decision:
WHEREFORE, the writ of certiorari prayed for is granted and the order of dismissal of October
20, 1977 is nullified, set aside and declared 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 costs.

Relevant terms/concepts:

Equity: Also called chancery. the application of the dictates of conscience or the

principles of natural justice to the settlement of controversies.