ANGEL MINISTERIO and ASUNCIONSADAYA vs. 
THE COURT OF FIRST INSTANCE OF CEBU
40 scra 464

FACTS: Petitioners sought the payment of just compensation for a registered lot alleging that in 1927 the National Government through its authorized representatives took physical and material possession of it and used it for the widening of a national road, without paying just compensation and without any agreement, either written or verbal. There was an allegation of repeated demands for the payment of its price or return of its possession, but defendants Public Highway Commissioner and the Auditor General refused to restore its possession.

ISSUE: Whether or not the defendants are immune from suit.

HOLDING: NO. Where the judgment in such a case would result not only in the recovery of possession of the property in favor of said citizen but also in a charge against or financial liability to the Government, then the suit should be regarded as one against the government itself, and, consequently, it cannot prosper or be validly entertained by the court except with the consent of said Government. In as much as the State authorizes only legal acts by its officers, unauthorized acts of government officials or officers are not acts of the State, and an action against the officials or officers by one whose rights have been invaded or violated by such acts, for the protection of his rights, is not a suit against the State within the rule of immunity of the State from suit.

NOTE: When the government takes any property for public use, which is condition upon the payment of just compensation, to be judicially ascertained, it makes manifest that it submits to the jurisdiction of a court. The Court may proceed with the complaint and determine the compensation to which the petitioner are entitle
(Ministerio vs.CFI, 40 SCRA 464)

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