Festejo vs.

Fernando
G.R. No. L-5156

Facts: Carmen Festejo, owner of sugar lands, a total of about 9 acres of surface, sued Isaiah
Fernando Director of Bureau of Public Works, as such Director of Public Works is responsible
for systems and irrigation projects and is the official responsible for the construction of irrigation
systems in the country. Claiming that the defendant, as Director of the Bureau of Public Works,
without authority obtained first from the Court of First Instance of Ilocos Sur, without obtaining
first a right of way, and without the consent and knowledge of the plaintiff, and against her
express objection unlawfully took possession of portions of the three parcels of land, an
irrigation canal and caused to be constructed on the portion of the three parcels of land or about
the month of February 1951, the aggregate area being 24,179 square meters to the damage and
prejudice of the plaintiff varied causing her damages.

Issue: Whether the defendant is immune from suit for being a public officer.

Held: The court ruled that the defendant is not immune from suit. The defendant committed acts
outside the scope of his authority. When he went outside the boundaries of the right of way upon
plaintiff's land and damaged it or destroyed its former condition and usefulness, he must be held
to have designedly departed from the duties imposed on him by law. There can be no claim that
he thus invaded plaintiff's land south-easterly of the right of way innocently. Surveys clearly
marked the limits of the land appropriated for the right of way of this trunk highway before
construction began. Ordinarily, the officer or employee committing the tort is personally liable
therefore, and may be sued as any other citizen and held answerable for whatever injury or
damage results from his tortious act.

According to Article 32 of the Civil Code:

ART. 32. Any public officer or employee, or any private individual, who directly or
indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for damages:
xxx

(6) The right against deprivation of property without due process of law;

It is a general rule that an officer-executive, administrative quasi-judicial, ministerial, or

otherwise who acts outside the scope of his jurisdiction and without authorization of law may
thereby render himself amenable to personal liability in a civil suit. If he exceed the power
conferred on him by law, he cannot shelter himself by the plea that he is a public agent acting
under the color of his office, and not personally. In the eye of the law, his acts then are wholly
without authority.
 PNR vs. IAC
G.R. No. 70547

Facts: The passenger express train of Philippine National Railways (PNR) and a passenger bus
of Baliwag Transit Inc. collided at the railroad crossing at Barrio Balungao, Calumpit, Bulacan at
1:30 in the afternoon of August 10, 1947 causing damage to the bus and its passengers, 18 of
whom died and 53 suffered physical injuries. Plaintiff alleges that the collision was due to the
negligence and imprudence of PNR and its engineer, Honorio Cirbado, in operating in a busy
intersection without any bars, semaphores, signal lights, flagman or switchman.
The subject of the petition at bar is directed against the judgment of affirmance rendered by
respondent court, through the Fourth Civil Cases Division.

Issue: Whether PNR is immune from suit.

Held: The court ruled that the PNR is not immune from suit. By the doctrine of implied powers,
the power to sue and be sued is implicit from the faculty to transact private business.

Under Section 4 of Republic Act No. 4156 as amended by Republic Act No. 6366:

"SECTION 4. General Powers. The Philippine National Railways shall have the
following general powers:

(a) To do all such other things and to transact all such business directly or indirectly
necessary, incidental or conducive to the attainment of the purpose of the corporation;
and

(b) Generally, to exercise all powers of a railroad corporation under the Corporation law."

Section 36 of the Corporation Code provides that every corporation has the power to sue and be
sued in its corporate name. Section 13(2) of the Corporation Law provides that every corporation
has the power to sue and be sued in any court.

The court characterized the railroad company as a private entity created not to discharge a
governmental function but, among other things, to operate a transport service which is essentially
a business concern, and thus barred from invoking immunity from suit. PNR "is not performing
any governmental function", as such it is not immune from suit.