Tan vs Director of Forestry; G.R. No. L-24548; 27 Oct 1983; 125 SCRA 302

FACTS:
The Bureau of Forestry issued Notice 2087 advertising for public hearing a certain tract of public forest land. Petitioner submitted his application in due form after paying the necessary fees and posting the required bond. Later that year, President Carlos Garcia issued a directive to the Director of the Bureau of Forestry to convert the land into a forest reserve for watershed purposes. The Agriculture and Natural Resources issued General Memorandum No. 46 granting ordinary timber license where the area is not more than 3,000 hectares. This was subsequently revoked by General Memorandum No. 60.

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

HELD:
YES. Petitioners not only failed to exhaust his administrative remedies, but also failed to note that his action is a suit against the State which cannot prosper unless the State give its consent.

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Category: Legal Chyme

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