- Statute
- Civil Code
- Article
- Art. 27
- Topic
- Relief against public servants who neglect official duty
- Year
- 1949
The provision
ARTICLE 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.
Key points
Article 27 gives a private remedy against public servants who neglect their duties. Any person who suffers material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform an official duty may sue for damages and other relief.
The civil action is without prejudice to any disciplinary or administrative action against the official. The provision targets official inaction or dereliction rather than affirmative wrongdoing, and complements the other human-relations articles and the rules on liability of public officers.
The provision targets nonfeasance — the refusal or neglect to perform an official duty without just cause — rather than active abuse of authority, which other rules address. A claimant must show the existence of the official duty, the refusal or neglect to perform it, the absence of just cause, and resulting material or moral loss. Because the civil remedy is independent of any administrative or disciplinary case, both may proceed, and the article complements the citizen's remedies against erring public officers.