Republic vs Feliciano; G.R. No. 70853; 12 Mar 1987; 148 SCRA 424

FACTS:
President Ramon Magsaysay issued Proclamation No. 90 reserving lands for settlement purposes which happen to include respondent’s land. Respondent filed a complaint against the Republic of the Philippines for recovery of ownership of a parcel of land consisting of four lots.

ISSUE(S):
Whether or not the doctrine of nonsuability of the State applies in this case.

HELD:
YES. The Court finds petition meritorious. The doctrine of nonsuability of the State has proper application in this case. By its caption and its allegation and prayer, the complaint is clearly a suit against the State which under settle jurisprudence is not permitted except upon a showing that the State has consented to be sued, either expressly or by implication through the statutory construction too plain to be misinterpreted.

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Category: Legal Chyme

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