in the case of ministerio vs. court of first instance of cebu , 1 involving a claim for payment of the value of a portion of land used for the widening of the gorordo avenue in cebu city , this court , through mr. justice enrique m. fernando , held that where the government takes away property from a private landowner for public use without going through the legal process of expropriation or negotiated sale , the aggrieved party may properly maintain a suit against the government without thereby violating the doctrine of governmental immunity from suit without its consent .