10/16/2020 Coffeeholic Writes: Lansang vs. CA G.R. No.

102667, February 23, 2000

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Lansang vs. CA G.R. No. 102667, February 23, 2000 Server Error
Sunday, January 25, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law
404 - File or
Facts: Private respondents General Assembly of the Blind, Inc. (GABI) directory not
and Jose Iglesias were allegedly awarded a verbal contract of lease in found.
1970 to occupy a portion of Rizal Park by the National Parks Development The resource you are
Committee (NPDC), a government initiated civic body engaged in the looking for might have
been removed, had its
development of national parks. Private respondents were allegedly given
name changed, or is
office and library space as well as kiosks area selling food and drinks. temporarily unavailable.
Private respondent GABI was to remit to NPDC 40% of the profits derived
from operating the kiosks. After the EDSA Revolution, petitioner Lansang,
the new Chairman of the NPDC, sought to clean up Rizal Park. Petitioner
terminated the so-called verbal agreement with GABI and demanded that
the latter vacate the premises and the kiosks it ran privately within the
public park. On the day of the supposed eviction, GABI filed an action for
damages and injunction against petitioner.

Issue: Whether or not the complaint filed against the petitioner is in

reality a complaint against the State, which could not prosper without the
State’s consent

Held: The doctrine of state immunity from suit applies to complaints

filed against public officials for acts done in the performance of their
duties. The rule is that the suit must be regarded as one against the state
Server Error
where satisfaction of the judgment against the public official concerned
will require the state itself to perform a positive act, such as appropriation 404 - File or
of the amount necessary to pay the damages awarded to the plaintiff. directory not
found.
The rule does not apply where the public official is charged in his official
capacity for acts that are unlawful and injurious to the rights of others.
Public officials are not exempt, in their personal capacity, from liability
arising from acts committed in bad faith. Neither does its apply where the Search
public official is clearly being sued not in his official capacity but in his
personal capacity, although the acts complained of may have been Custom Search

committed while he occupied a public position.

In the case, the petitioner is being sued not in his capacity as NPDC
chairman but in his personal capacity. It is also evident the petitioner is
sued allegedly for having personal motives in ordering the ejectment of
GABI from Rizal Park.

The important question to consider is whether or not petitioner abused his

authority in ordering the ejectment of GABI.

The Court found no evidence of such abuse of authority. Rizal Park is

beyond the commerce of man and, thus, could not be the subject of lease
contract. That private respondents were allowed to occupy office and kiosk
spaces in the park was only a matter of accommodation by the previous
administrator. This being so, petitioner may validly discontinue the
accommodation extended to private respondents, who may be ejected
from the park when necessary. Private respondents cannot and do not
claim a vested right to continue to occupy Rizal Park.

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10/16/2020 Coffeeholic Writes: Lansang vs. CA G.R. No. 102667, February 23, 2000

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