Festejo v. Fernando

Festejo v. Fernando

GR No. L-5156 March 11, 1954

Diokno, J.

Facts:

Carmen Festejo, owner of sugar lands, a total of about 9 acres of surface, sued Isaiah Fernando Director, 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 from the first Court of First Instance of Ilocos Sur, without first Obtaining 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 Described Above, an irrigation canal and Caused to be Constructed on the Portion of the three parcels of land on or about the month of February 1951 Being the aggregate area 24.179 square meters to the damage and prejudice of the plaintiff varied causing her damages.

Issue:

                whether the court has no jurisdiction to render judgment against valid, since the claim is in court against the Republic of the Philippines, and it has not submitted its consent to the application

Held:

                No. The motion against Isaias Fernando, Director of Public Works in charge and responsible for the construction of irrigation systems in the Philippines is a directed personally against him, for acts which he assumed to run on your official concept. The law does not excuse you from responsibility for the abuses to commit or have committed in the performance of their official duties.