65) BUISAN V. COA, G.R. NO.

212376 (2017)
REYES, J.:
TOPIC:
Suits Against Government Agencies
DOCTRINE: Under the Constitution, the State cannot be sued without its consent. Failure to allege the
existence of State’s consent to be sued in the complaint is a fata defect, and on this basis alone, should
cause the dismissal of the complaint.
FACTS:
DPWH undertook the construction of Liguasa Cut-off hannel Project in Maguindanao to minimize
perennial problem of flooding in the area. In 2001, DPWH received various claims from land owners for
damages allegedly caused to their properties, crops and improvements by premature opening of the
project. Petitioners filed a petition with COA praying that DPWH be ordered to pay a compensation for
their damaged crops, properties, and improvements.
ISSUE:
Whether petitioners may successfully sue DPWH.
HELD:
No. The doctrine of non-suability of State insulates the DPWH, a governmental entity, from claims of
damages. The Constitution provides that the State cannot be sued without its consent. The rule is not
absolute for it does not say that the State may not be sued under any circumstances. Suits filed against
government agencies may either be against incorporated or unincorporated agencies. In incorporated
agencies, its suability depends upon whether its own organic act specifically provides that it can sue and
be sued in Court. Here, DPWH exercise governmental functions that effectively insulate it from any suit,
much less from any monetary liability. The construction of the project which was for the purpose of
minimizing the perennial problem of flood in the area of Maguindanao is well within the powers and
functions of DPWH as mandated by the Administrative Code of 1997. Hence, the non-suability clothes
the DPWH from being held responsible for alleged damages it performed in consonance with its
mandated duty. Nowhere does it appear in the petition that the State has given its consent, expressly or
impliedly, to be sued before the Courts. Failure to allege the existence of State’s consent to be sued in the
complaint is a fata defect, and on this basis alone, should cause the dismissal of the complaint.