AMIGABLE vs.

CUENCA
G.R. No. L-26400

Facts: Victoria Amigable is the registered owner of a lot which, without prior expropriation
proceedings or negotiated sales, was used by the government. Amigables counsel wrote the
President of the Philippines, requesting payment of the portion of her lot which had been
expropriated by the government.

Amigable later filed a case against Cuenca, the Commissioner of Public Highways, for recovery of
ownership and possession of the said lot. She also sought payment for compensatory damages,
moral damages and attorneys fee.

The defendant said that the case 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: Where the government takes away property from a landowner 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 violating the doctrine of governmental immunity from
suit.

The doctrine of immunity from suit cannot serve as an instrument for perpetrating an injustice to a
citizen. The only relief available is for the government to make due compensation which it could and
should have don years ago. To determine just compensation of the land, the basis should be the
price or value at the time of the taking.