Jose v. Nessia

Summary

Deputy Municipal Assessor Jose V. Nessia sued Mayor Jesus M. Fermin and Municipality of Victorias for damages after the Mayor allegedly refused to act on his vouchers for travel expense reimbursement due to political reasons. The RTC ruled in favor of Nessia, awarding reimbursement and damages under Article 27 of the Civil Code, which provides relief against public servants who refuse to perform official duties without just cause. The Court of Appeals reversed, finding lack of cause of action, but the Supreme Court reinstated the RTC decision. The SC emphasized that public officials must act expeditiously on matters before them and that official inaction cannot be equated with disapproval. The case establishes the principle that malicious inaction by public officials, even when motivated by political considerations, gives rise to civil liability for damages under Article 27 of the Civil Code.