Petitioner
Domingo A. Tuzon
Respondent
Honorable Court of Appeals
Citation
G.R. No. 90107
Court
Supreme Court
Division
First Division
Ponente
Cruz, J.
Decided
August 21, 1992

Summary

This case involves the civil liability of public officers for refusing to issue business permits. Mayor Tuzon and Treasurer Mapagu refused to issue a threshing permit to Jurado unless he agreed to donate 1% of his threshing proceeds per a municipal resolution. The Court of Appeals found them liable for damages, ruling they acted in bad faith. However, the Supreme Court reversed this decision, holding that public officers acting within their official authority and in good faith cannot be held personally liable for damages under Article 27 of the Civil Code. The Court emphasized that absent a judicial declaration of invalidity, public officials must be presumed to act lawfully when enforcing duly enacted resolutions. The case establishes important precedent regarding the protection of public officers from personal liability when performing official duties in good faith.

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By the Intellegal Editorial Board · August 21, 1992

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