Festejo v. Fernando

TOPIC: Doctrine of Immunity from Suit

FACTS:

Petitioner Festejo accused the Defendant Director of Public Works for constructing an irrigation canal on her 3 parcels of land. 

ISSUE:

WON the Defendant may be sued being the Director of Public Works

RULING:

I.

Yes.

Under the law, officer or employee may be sued as any other citizen if an officer, even while acting under color of his office, exceeds the power conferred on him by law. 

In this case, the Director of Public Works went outside the boundaries of the right of way upon plaintiff's land and damaged it or destroyed its former condition and usefulness. Hence, the Director of Public Works must be held to have designedly departed from the duties imposed on him by law.

Therefore, the Defendant may be sued.