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Philippine Supreme Court Jurisprudence > Year 2016 > June 2016 Decisions > G.R. No. 206484, June 29, 2016 -
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), Petitioner, v. SPOUSES VICENTE ABECINA
AND MARIA CLEOFE ABECINA, Respondents.:
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G.R. No. 206484, June 29, 2016 - DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC),
Petitioner, v. SPOUSES VICENTE ABECINA AND MARIA CLEOFE ABECINA, Respondents.
SECOND DIVISION
DECISION
BRION, J.:
This petition for review on certiorari seeks to reverse and set aside the March 20, 2013 decision of the
Court of Appeals (CA) in CA-G.R. CV No. 937951 affirming the decision of the Regional Trial Court (RTC)
of Daet, Camarines Norte, Branch 39, in Civil Case No. 7355.2 The RTC ordered the Department of
Transportation and Communications (DOTC) to vacate the respondents' properties and to pay them
actual and moral damages.
ANTECEDENTS
Respondent spouses Vicente and Maria Cleofe Abecina (respondents/spouses Abecina) are the registered
owners of five parcels of land in Sitio Paltik, Barrio Sta. Rosa, Jose Panganiban, Camarines Norte. The
properties are covered by Transfer Certificates of Title (TCT) Nos. T-25094, T-25095, T-25096, T-25097,
and T-25098.3 chanrobleslaw
The DOTC and Digitel subsequently entered into several Facilities Management Agreements (FMA) for
Digitel to manage, operate, maintain, and develop the RTDP and NTPI-1 facilities comprising local
telephone exchange lines in various municipalities in Luzon. The FMAs were later converted into Financial
Lease Agreements (FLA) in 1995.
Later on, the municipality of Jose Panganiban, Camarines Norte, donated a one thousand two hundred
(1,200) square-meter parcel of land to the DOTC for the implementation of the RDTP in the municipality.
However, the municipality erroneously included portions of the respondents' property in the donation.
Pursuant to the FLAs, Digitel constructed a telephone exchange on the property which encroached on the
properties of the respondent spouses.5 chanrobleslaw
Sometime in the mid-1990s, the spouses Abecina discovered Digitel's occupation over portions of their
properties. They required Digitel to vacate their properties and pay damages, but the latter refused,
insisting that it was occupying the property of the DOTC pursuant to their FLA.
On April 29, 2003, the respondent spouses sent a final demand letter to both the DOTC and Digitel to
ChanRobles Intellectual Property vacate the premises and to pay unpaid rent/damages in the amount of one million two hundred thousand
Division pesos (P1,200,000.00). Neither the DOTC nor Digitel complied with the demand.
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On September 3, 2003, the respondent spouses filed an accion publiciana complaint6 against the DOTC
and Digitel for recovery of possession and damages. The complaint was docketed as Civil Case No.
7355.
In its answer, the DOTC claimed immunity from suit and ownership over the subject properties.7
Nevertheless, during the pre-trial conference, the DOTC admitted that the Abecinas were the rightful
owners of the properties and opted to rely instead on state immunity from suit.8 chanrobleslaw
On March 12, 2007, the respondent spouses and Digitel executed a Compromise Agreement and entered
into a Contract of Lease. The RTC rendered a partial decision and approved the Compromise Agreement
on March 22, 2007.9 chanrobleslaw
On May 20, 2009, the RTC rendered its decision against the DOTC.10 It brushed aside the defense of
state immunity. Citing Ministerio v. Court of First Instance11 and Amigable v. Cuenca,12 it held that
government immunity from suit could not be used as an instrument to perpetuate an injustice on a
citizen.13
chanrobleslaw
The RTC held that as the lawful owners of the properties, the respondent spouses enjoyed the right to
use and to possess them - rights that were violated by the DOTC's unauthorized entry, construction, and
refusal to vacate. The RTC (1) ordered the Department - as a builder in bad faith -to forfeit the
improvements and vacate the properties; and (2) awarded the spouses with P1,200,000.00 as actual
damages, P200,000.00 as moral damages, and P200,000.00 as exemplary damages plus attorney's fees
and costs of suit.
The DOTC elevated the case to the CA arguing: (1) that the RTC never acquired jurisdiction over it due to
state immunity from suit; (2) that the suit against it should have been dismissed after the spouses
Abecina and Digitel executed a compromise agreement; and (3) that the RTC erred in awarding actual,
moral, and exemplary damages against it.14 The appeal was docketed as CA-G.R. CV No. 93795.
On March 20, 2013, the CA affirmed the RTC's decision but deleted the award of exemplary damages.
The CA upheld the RTC's jurisdiction over cases for accion publiciana where the assessed value exceeds
P20,000.00.15 It likewise denied the DOTC's claim of state immunity from suit, reasoning that the DOTC
removed its cloak of immunity after entering into a proprietary contract - the Financial Lease Agreement
with Digitel.16 It also adopted the RTC's position that state immunity cannot be used to defeat a valid
claim for compensation arising from an unlawful taking without the proper expropriation proceedings.17
The CA affirmed the award of actual and moral damages due to the DOTC's neglect to verify the
June-2016 Jurisprudence perimeter of the telephone exchange construction but found no valid justification for the award of
exemplary damages.18 chanrobleslaw
On April 16, 2013, the DOTC filed the present petition for review on certiorari.
G.R. No. 175085, June 01, 2016 - TAN SIOK1 KUAN
AND PUTE CHING, Petitioners, v. FELICISIMO "BOY"
THE PARTIES' ARGUMENTS
HO, RODOLFO C. RETURTA, VICENTE M. SALAS, AND
LOLITA MALONZO, Respondents.
The DOTC asserts that its Financial Lease Agreement with Digitel was entered into in pursuit of its
G.R. No. 211672, June 14, 2016 - PEOPLE OF THE governmental functions to promote and develop networks of communication systems.19 Therefore, it
PHILIPPINES, Plaintiff-Appellee, v. JOHN HAPPY cannot be interpreted as a waiver of state immunity.
DOMINGO Y CARAG, Accused-Appellant.
The DOTC also maintains that while it was regrettable that the construction of the telephone exchange
G.R. No. 204056, June 01, 2016 - GIL MACALINO, erroneously encroached on portions of the respondent's properties, the RTC erred in ordering the return
JR., TERESITA MACALINO, ELPIDIO MACALINO, PILAR
of the property.20 It argues that while the DOTC, in good faith and in the performance of its mandate,
MACALINO, GILBERTO MACALINO, HERMILINA
MACALINO, EMMANUEL MACALINO, EDELINA
took private property without formal expropriation proceedings, the taking was nevertheless an exercise
MACALINO, EDUARDO MACALINO, LEONARDO of eminent domain.21 chanrobleslaw
G.R. No. 212493, June 01, 2016 - GABRIEL YAP, SR. The DOTC encroached on the respondents' properties when it constructed the local telephone exchange
DULY REPRESENTED BY GILBERT YAP AND ALSO IN in Daet, Camarines Norte. The exchange was part of the RTDP pursuant to the National Telephone
HIS PERSONAL CAPACITY, GABRIEL YAP, JR., AND Program. We have no doubt that when the DOTC constructed the encroaching structures and
HYMAN YAP, Petitioners, v. LETECIA SIAO, LYNEL subsequently entered into the FLA with Digitel for their maintenance, it was carrying out a sovereign
SIAO, JANELYN SIAO, ELEANOR FAYE SIAO, SHELETT function. Therefore, we agree with the DOTC's contention that these are acts jure imperii that fall within
SIAO AND HONEYLET SIAO, Respondents.; G.R. No. the cloak of state immunity.
212504 - CEBU SOUTH MEMORIAL GARDEN, INC.,
Petitioner, v. LETECIA SIAO, LYNEL SIAO, JANELYN
However, as the respondents repeatedly pointed out, this Court has long established in Ministerio v
CFI,33Amigable v. Cuenca,34 the 2010 case Heirs of Pidacan v. ATO,35 and more recently in Vigilar v.
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SIAO, ELEANOR FAYE SIAO, SHELETT SIAO AND Aquino36 that the doctrine of state immunity cannot serve as an instrument for perpetrating an injustice
HONEYLET SIAO, Respondents. to a citizen.
G.R. No. 182537, June 01, 2016 - MACTAN-CEBU
The Constitution identifies the limitations to the awesome and near-limitless powers of the State. Chief
INTERNATIONAL AIRPORT AUTHORITY, Petitioner, v.
RICHARD E. UNCHUAN, Respondent. among these limitations are the principles that no person shall be deprived of life, liberty, or property
without due process of law and that private property shall not be taken for public use without just
G.R. No. 187462, June 01, 2016 - RAQUEL G. KHO, compensation.37 These limitations are enshrined in no less than the Bill of Rights that guarantees the
Petitioner, v. REPUBLIC OF THE PHILIPPINES AND citizen protection from abuse by the State.
VERONICA B. KHO, Respondents.
Consequently, our laws38 require that the State's power of eminent domain shall be exercised through
G.R. No. 206419, June 01, 2016 - PEOPLE OF THE expropriation proceedings in court. Whenever private property is taken for public use, it becomes the
PHILIPPINES, Plaintiff-Appellee, v. RUBEN DELA
ministerial duty of the concerned office or agency to initiate expropriation proceedings. By necessary
ROSA, Accused-Appellant.
implication, the filing of a complaint for expropriation is a waiver of State immunity.
G.R. No. 202047, June 08, 2016 - LIGHT RAIL
TRANSIT AUTHORITY, Petitioner, v. NOEL B. PILI, If the DOTC had correctly followed the regular procedure upon discovering that it had encroached on the
MEDEL I. LIRIO, RODERICK B. JAMON, VICTORINO A. respondents' property, it would have initiated expropriation proceedings instead of insisting on its
MACHICA, RONNIE C. VALORIA, VIRGILIO M. FLORES, immunity from suit. The petitioners would not have had to resort to filing its complaint for reconveyance.
RENATO C. PALMA, ANGELITO V. GUINTO, RAMIRO M. As this Court said in Ministerio: ChanRoblesVirtualawlibrary
G.R. No. 196962, June 08, 2016 - PEOPLE OF THE Lastly, we find that the CA erred when it affirmed the RTC's decision without deleting the forfeiture of the
PHILIPPINES, Plaintiff-Appellee, v. JOAN SONJACO Y improvements made by the DOTC through Digitel. Contrary to the RTC's findings, the DOTC was not a
STA. ANA, Accused-Appellant.
builder in bad faith when the improvements were constructed. The CA itself found that the Department's
G.R. No. 191936, June 01, 2016 - VIRGINIA D. encroachment over the respondents' properties was a result of a mistaken implementation of the
CALIMAG, Petitioner, v. HEIRS OF SILVESTRA N. donation from the municipality of Jose Panganiban.41 chanrobleslaw
G.R. No. 200081, June 08, 2016 - PEOPLE OF THE 7 Id. at 46.
PHILIPPINES, Plaintiff-Appellee, v. EDGARDO T.
CRUZ, Accused-Appellant. 8 Id. at 47.
G.R. No. 194605, June 14, 2016 - PEOPLE OF THE 9
PHILIPPINES, Plaintiff-Appellee, v. MARIANO Id. at 67.
OANDASAN, JR., Accused-Appellant.
10 Id. at 46.
G.R. No. 214440, June 15, 2016 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ALEX MENDEZ 11 148-B Phil. 474, 480 (1971).
RAFOLS, Accused-Appellant.
12 150 Phil. 422, 425 (1972).
G.R. No. 217732, June 15, 2016 - EMILIO S.
AGCOLICOL, JR., Petitioner, v. JERWIN CASIÑO,
Respondent. 13Rollo, p. 48.
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1/18/2019 G.R. No. 206484, June 29, 2016 - DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), Petitioner, v. SPOUSES …
G.R. No. 172352, June 08, 2016 - LAND BANK OF 14 Id. at 37.
THE PHILIPPINES, Petitioner, v. ALFREDO HABABAG,
SR., SUBSTITUTED BY HIS WIFE, CONSOLACION, AND 15
CHILDREN, NAMELY: MANUEL, SALVADOR, WILSON, P50,000.00 if filed in Metro Manila.
JIMMY, ALFREDO, JR., AND JUDITH, ALL SURNAMED
16Rollo, p. 40.
HABABAG, Respondents.; G.R. NOS. 172387-88 -
ALFREDO HABABAG, SR., SUBSTITUTED BY HIS WIFE,
CONSOLACION, AND CHILDREN, NAMELY: MANUEL, 17 Id. at 41.
SALVADOR, WILSON, JIMMY, ALFREDO, JR., AND
JUDITH, ALL SURNAMED HABABAG, Petitioners, v. 18
LAND BANK OF THE PHILIPPINES AND THE Id. at 43.
DEPARTMENT OF AGRARIAN REFORM, Respondent.
19 Id. at 18-20.
G.R. No. 215994, June 06, 2016 - OFFICE OF THE
OMBUDSMAN AND FIELD INVESTIGATION OFFICE, 20 Id. at 24.
Petitioner, v. ROLANDO B. FALLER, Respondent.
21 Id. at 24.
A.C. No. 11069, June 08, 2016 - RONALDO C.
FACTURAN, Complainant, v. PROSECUTOR ALFREDO L.
22 552 Phil. 48 (2007).
BARCELONA, JR., Respondent.
G.R. No. 208475, June 08, 2016 - PEOPLE OF THE 23 Id. at 49.
PHILIPPINES, Plaintiff-Appellee, v. MANUEL
REBANUEL Y NADERA, Accused-Appellant. 24Rollo, p. 82
G.R. No. 168749, June 06, 2016 - SUGARSTEEL
25 Id. at 84.
INDUSTRIAL, INC. AND MR. BEN YAPJOCO, cralawred
G.R. No. 217943, June 06, 2016 - J. MELLIZA 28 Art. XV, Sec. 16, 1973 CONSTITUTION.
ESTATE DEVELOPMENT COMPANY, INC.,
REPRESENTED BY ITS DIRECTOR, ATTY. RAFAEL S. 29United States v. Ruiz, 221 Phil. 179, 183 (1985).
VILLANUEVA, Petitioner, v. ROSENDO SIMOY,
GREGORIO SIMOY AND CONSEJO SIMOY, 30
Respondents. Art. II, Sec. 24, CONSTITUTION.
G. R. No. 185169, June 15, 2016 - HEIRS OF 31 Art. XVI, Sec. 10, CONSTITUTION.
CATALINO DACANAY, HIS WIFE ERLINDA DACANAY,
THEIR CHILDREN AURORA D. CONSTANTINO AND 32 Executive Order No. 292 [ADMINISTRATIVE CODE OF 1987], Title XV, Chap. 1, Sec. 1.
REYNALDO DACANAY; LOLITA DACANAY VDA. DE
PARASO; HEIRS OF SOLEDAD APOSTOL, NAMELY: HER 33Supra
HUSBAND LEONARDO CAGUIOA, THEIR CHILDREN note 11.
AMALIA, DANILO, RONALD, MARLENE, ROBERT,
ROLDAN, THELMA AND TERESA, ALL SURNAMED 34Supra note 12.
CAGUIOA, Petitioners, v. JUAN SIAPNO, JR., MARIO
RILLON, SPOUSES JOSE TAN AND LETICIA DY TAN, 35 643 Phil. 657, 665 (2010) citing EPG Construction v. Vigilar, 407 Phil. 53, 64-66 (2001).
Respondents.
36 654 Phil. 755, 763 (2011).
G.R. No. 201016, June 22, 2016 - LEONCIA A.
YUMANG, Petitioner, v. RADIO PHILIPPINES
NETWORK, INC. (RPN 9), MIA A. CONCIO, LEONOR C. 37 Art. III, Sec. 1 and 9, CONSTITUTION.
LINAO, IDA BARRAMEDA AND LOURDES O. ANGELES,
Respondents. 38Book III, Title I, Chap. 4., Sec. 12, ADMINISTRATIVE CODE OF 1987; Republic Act No.
8974, Sec. 4; Rule 67, Sec. 1, RULES OF COURT.
G.R. No. 189401, June 15, 2016 - VIL-REY
PLANNERS AND BUILDERS, Petitioners, v. LEXBER,
39Supra note 11, at 480-481.
INC., Respondent.; G.R. NO. 189447 - LEXBER, INC.,
Petitioner, v. STRONGHOLD INSURANCE COMPANY,
INC., Respondent. 40Rollo, p. 24.
G.R. No. 203057, June 06, 2016 - BUREAU OF 41 Id. at 43.
INTERNAL REVENUE AS REPRESENTED BY THE
COMMISSIONER OF INTERNAL REVENUE, Petitioner,
42Pleasantville Development Corp. v. Court of Appeals, 323 Phil. 12, 22 (1996); Art. 526,
v. MANILA HOME TEXTILE, INC, THELMA LEE AND
SAMUEL LE,E, Respondents. CIVIL CODE.
G.R. No. 204769, June 06, 2016 - MAGSAYSAY 43 Art. 527. Good faith is always presumed, and upon him who alleges bad faith on the
MARITIME CORP., CSCS BMTERNATIONAL NV AND/OR part of a possessor rests the burden of proof.
MARLON* RONO, Petitioners, v. RODEL A. CRUZ,
Respondent.
A.C. No. 11246, June 14, 2016 - ARNOLD PACAO, 1941 1942 1943 1944 1945 1946 1947 1948
Complainant, v. ATTY. SINAMAR LIMOS, Respondent. 1949 1950 1951 1952 1953 1954 1955 1956
G.R. No. 181353, June 06, 2016 - HGL 1957 1958 1959 1960 1961 1962 1963 1964
DEVELOPMENT CORPORATION REPRESENTED BY ITS 1965 1966 1967 1968 1969 1970 1971 1972
PRESIDENT, HENRY G. LIM, Petitioner, v. HON.
RAFAEL O. PENUELA, IN HIS CAPACITY AS ACTING 1973 1974 1975 1976 1977 1978 1979 1980
PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, 1981 1982 1983 1984 1985 1986 1987 1988
6TH JUDICIAL REGION, BRANCH 13, CULASI,
ANTIQUE AND SEMIRARA COAL CORPORATION (NOW 1989 1990 1991 1992 1993 1994 1995 1996
SEMIRARA MINING CORPORATION), Respondents. 1997 1998 1999 2000 2001 2002 2003 2004
G.R. No. 217575, June 15, 2016 - SOUTH 2005 2006 2007 2008 2009 2010 2011 2012
COTABATO COMMUNICATIONS CORPORATION AND 2013 2014 2015 2016 2017 2018
GAUVAIN J. BENZONAN, Petitioners, v. HON.
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PATRICIA STO. TOMAS, SECRETARY OF LABOR AND
EMPLOYMENT, ROLANDO FABRIGAR, MERLYN
VELARDE, VINCE LAMBOC, FELIPE GALINDO,
LEONARDO MIGUEL, JULIUS RUBIN, EDEL RODEROS,
MERLYN COLIAO, AND EDGAR JOPSON, Respondents.
Main Indices of the Library ---> Go!
G.R. No. 213919, June 15, 2016 - PEOPLE OF THE
PHILIPPINES, Appellee, v. VIRGILIO A. QUIM,
Appellant.
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G.R. No. 206294, June 29, 2016 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. CERILO "ILOY"
ILOGON, Accused-Appellant.
A.C. No. 9871, June 29, 2016 - IN RE: A.M. NO. 04-
7-373-RTC [REPORT ON THE JUDICIAL AUDIT
CONDUCTED IN THE REGIONAL TRIAL COURT,
BRANCH 60, BARILI, CEBU] AND A.M. NO. 04-7-374-
RTC [VIOLATION OF JUDGE ILDEFONSO SUERTE,
REGIONAL TRIAL COURT, BRANCH 60, BARILI, CEBU
OF ADMINISTRATIVE ORDER NO. 36-2004 DATED
MARCH 3, 2004], PROSECUTOR MARY ANN T.
CASTRO-ROA, Respondent.
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1/18/2019 G.R. No. 206484, June 29, 2016 - DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), Petitioner, v. SPOUSES …
G.R. No. 181369, June 22, 2016 - TALA REALTY
SERVICES CORP., INC., PEDRO B. AGUIRRE,
REMEDIOS A. DUPASQUIER, DOLLY LIM, RUBENCITO
M. DEL MUNDO AND ELIZABETH H. PALMA,
Petitioners, v. BANCO FILIPINO SAVINGS &
MORTGAGE BANK, Respondent.
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1/18/2019 G.R. No. 206484, June 29, 2016 - DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), Petitioner, v. SPOUSES …
HOLDINGS, INC., PENTACAPITAL INVESTMENT
CORPORATION, FORTUNATO G. PE, RAYMUNDO G. PE,
JOSE REVILLA REYES, JR., AND DEPUTY SHERIFF
ROMMEL IGNACIO, Respondents.
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1/18/2019 G.R. No. 206484, June 29, 2016 - DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), Petitioner, v. SPOUSES …
COMMISSION (2ND DIVISION), SAMAHANG
MANGGAGAWA SA REN TRANSPORT-ASSOCIATION OF
DEMOCRATIC LABOR ASSOCIATIONS (SMART-ADLO)
REPRESENTED BY ITS PRESIDENT NESTOR
FULMINAR, Respondents.; G.R. No. 188252 -
SAMAHANG MANGGAGAWA SA REN TRANSPORT-
ASSOCIATION OF DEMOCRATIC LABOR
ASSOCIATIONS (SMART-ADLO) REPRESENTED BY
NESTOR FULMINAR, Petitioner, v. REN TRANSPORT
CORP. AND/OR REYNALDO PAZCOGUIN III,
Respondents.
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1/18/2019 G.R. No. 206484, June 29, 2016 - DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), Petitioner, v. SPOUSES …
FIRST ASIA SYSTEM TECHNOLOGY, INC.), FASTECH
MICROASSEMBLY & TEST, INC., FASTECH
ELECTRONIQUE, INC., AND FASTECH PROPERTIES,
INC., Respondents.
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