G.R. No.

L-5156 March 11, 1954

CARMEN FESTEJO, plaintiff-appellant,

vs.
ISAIAS FERNANDO, Director de Obras Publicas, defendant-appellee.

FACTS:

Plaintiff Carmen Festejo, owner of sugar lands, a total of about 9 acres of surface, sued the
defendant Isaiah Fernando Director, claiming that the defendant, being the Director of the Bureau of
Public Works, unlawfully took possession of portions of the three parcels of land, an irrigation canal,
without first obtaining a right of way and without first informing and asking permission from the
plaintiff which caused her damages.

The defendant filed a motion to dismiss the case on the ground that the Court does not have
jurisdiction to issue a valid judgment against him, since the claim is against the Republic of the
Philippines, and it has not consented to the application. The lower court upheld the motion and
dismissed the claim without prejudice and without costs.

ISSUE:

Whether or not the Court has jurisdiction to render judgment.

HELD:

Yes. The Supreme Court take judicial notice of the fact that the irrigation projects and system
reffered to in the complaint of which the defendant Fernando is "in charge" and is "responsible" as
Director of the Bureau of Public Works. The irrigation projects and system are established and
operated with public funds and which pursuant to the Constitution; hence, must be appropriated by
law.

Citing the case in Syquia vs. Lopez (47 Off. Gaz., 665), the Government is, accordingly, "the real
party in interest as defendant" in the case at bar. In other words, the same partakes of the nature of
a suit against the state and may not be maintained without its consent.