Calub and Valencia vs. CA G.R. No. 115634, April 27, 2000

Facts: The Forest Protection and Law Enforcement Team of the Community Environment and Natural Resources Office of the DENR apprehended 2 motor vehicles loaded with illegally sourced lumber. The drivers of the vehicles failed to present proper documents. Thus, the apprehending team impounded the vehicles and its load of lumber. The impounded vehicles were forcibly taken by the drivers from the custody of DENR. Thereafter, one of the 2 vehicles was again apprehended by a composite team of DENR-CENRO and Phil. Army elements. The vehicle was again loaded with forest products.

Private respondents Manuela Babalcon, the vehicle owner, and Constancio Abuganda, the driver, filed a complaint for the recovery of possession of the vehicle with an application for replevin against petitioners DENR and DENR Officer Calub.


Issue: Whether or not the complaint for the recovery of possession of impounded vehicles, with an application for replevin, is a suit against the State


Held: Well established is the doctrine that the State may not be sued without its consent. And a suit against a public officer for his official acts is, in effect, a suit against the State if its purpose is to hold the State ultimately liable. However, the protection afforded to public officers by this doctrine generally applies only to activities within the scope of their authority in good faith and without willfulness, malice or corruption.

In the present case, the acts for which the petitioners are being called to account were performed by them in the discharge of their official duties. The acts in question are clearly official in nature. In implementing and enforcing Secs. 78-A and 89 of the Forestry Code through the seizure carried out, petitioners were performing their duties and functions as officers of the DENR, and did so within the limits of their authority. There was no malice or bad faith on their part. Hence, a suit against the petitioners who represent the DENR is a suit against the State. It cannot prosper without the State’s consent.