Pedro Syquia vs Natividad Lopez

written by Howard

G.R. No. L-1648 –  84 Phil. 312 – Political Law – Constitutional Law – State Immunity From Suit – Suit Against Public Officers; When deemed as suit against the State

When suit against officers is really a suit against the government

In 1945, Pedro Syquia executed a lease agreement with the US Government for the rental of his apartments to be used by American soldiers. The duration of the lease was “for the duration of the war and six months thereafter, unless sooner terminated by the United States of America.”

In September 1945, the Japanese surrendered. In March 1946, Syquia notified the US government for them to return the properties as the war already ended. No action was done by the US government. In May 1946, Syquia demanded for increased rental and increased back rentals as the wartime agreement was less than the normal rental rate. The US government refused to increase the rental rate but advised Syquia that they will be vacating the properties in February 1947.

When the US government did not vacate the properties, Syquia sued Gen. George Moore (Commander of the US Army in the Philippines) and Erland Tillman (a Chief in the Office of the District Engineer) for the recovery of the properties with prayer for payment of increased rentals and back rentals. The trial court dismissed the suit. The CFI presided by Judge Natividad Lopez, affirmed the dismissal.

ISSUE: Whether or not the dismissal is proper.

HELD: Yes. Although the suit filed by Syquia did not name the US Government as a defendant, the suit against Moore and Tillman is in reality a suit against the US Government. A government cannot be sued without its consent. The action cannot be deemed to be an action against the persons of Moore and Tillman. Gen. Moore only took over his function as commander in 1946. The rental agreements were already existing when he took office. If he acted on the contract, it was only in accordance with the contract. As found by the trial court, the war has not yet ended: The Japanese may have surrendered in September 1945, but the US is still at war with Germany, hence, as to him, the duration of the lease agreement is still ongoing. As to Tillman, he was merely following the order of Moore.

It would have been different if Syquia brought the action solely for recovery of possession. It is long established that recovery of possession being withheld by public officers may be brought against the government. However, since Syquia added a claim for damages, a judgment in these proceedings may become a charge against the U. S. Treasury, as such the present suit must be regarded as one against the United States Government itself, which cannot be sued without its consent, specially by citizens of another country.

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