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

in Legal Chyme by

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.

Whether or not the doctrine of nonsuability of the State applies in this case.

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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