AMIGABLE vs CUENCA G.R. No. L-26400

FACTS: Petitioner Victoria Amigable is a registered owner of a lot, of which a portion of it was used by the government without prior approriation or negotiated sale. Amigable's counsel wrote to the President of the Philippines, requesting payment for the portion of the lot that which had been expropriated by the government. Later on, Amigable filed a case against the Republic of the Philippines and Commissioner of Public Highways Nicolas Cuenca. She sought for the recovery of her ownership and possesion of the land, compensatory and moral damages, attorneys fees and the cost of the suit. The defendents claim that the action was premature, barred by prescription, and the government did not give its consent to be sued. ISSUE: Whether or not the appellant may properly sue the government. HELD: The court held that where the government takes away property from a private land owner for public use without going through the legal process of expropriation or negotiated sale, the aggrieved party may properly maintain a suit against the government without thereby violating the doctrine of governmental immunity from suit without its consent. As registered owner, she could bring an action to recover possession of the portion of land in question at anytime because possession is one of the attributes of ownership. The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen. The only relief available is for the government to make due compensation which it could and should have done years ago. To determine just compensation of the land, the basis should be the price or value at the time of the taking.