Republic v. Feliciano

TOPICS: Waiver of state immunity can only be made by an act of the legislative body; Waiver of immunity should be strictly construed against the state. 

FACTS:

Feliciano filed a complaint against the Republic for the recovery of ownership and possession of a parcels of land which were reserved for settlement purposes under the administration of the National Resettlement and Rehabilitation Administration (NARRA) per Proclamation No. 90.

The intervenors filed a motion to dismiss on the ground that the Republic cannot be sued without its consent 

ISSUE:

WON the government has waived its immunity from suit.  

RULING:

No.

Waiver of state immunity can only be made by an act of the legislative body. Waiver of immunity, being a derogation of sovereignty, will not be inferred lightly, but must be construed in strictissimi juris.

In this case, Proclamation No. 90 can not be construed as a waiver of the immunity of the State from suit. A Proclamation is not a legislative act. Hence, the state has not given its consent to be sued. 

Therefore, there was no consent given by the state for it be liable. [the complaint was dismissed as the possessory information under the Spanish Mortgage Law he presented cannot establish proof of ownership or exclusion of the land in the NARRA].