Lansang v. Court of Appeals
G.R. No. 102667
February 23, 2000
Facts:
General Assembly of the Blind (GABI) was allegedly awarded a verbal contract of lease by the National Parks Development Committee (NPDC) in 1970. GABI was allegedly given office and library space as well as kiosks for selling food and drinks at Rizal Park.The organization remitted 40 percent of the profits to NPDC. However, there was no showing who received the share of the profits or how they were used or spent.
With the change of government, Amadeo Lansang, the new Chairman of the NPDC, ordered GABI to vacate the premises. The former sought to clean up Rizal Park. The GABI president, Jose Iglesias, who was totally blind, signed the notice of conformity to the order because he was told by Ricardo Villanueva, then chief warden of Rizal Park, that he was merely acknowledging receipt of the notice. On March 29, 1988, GABI was finally evicted by NPDC.
GABI’s action for damages was dismissed on the grounds that it was a suit against the State. The Court of Appeals ruled that the mere allegation that a government official is being sued in his official capacity is not enough to protect such official from liability for acts done without or in excess of his authority. The CA reversed the decision of the trial court. The appellate court found Lansang liable for damages under Articles 19, 21, and 24 of the Civil Code.
Issue:
Is this a suit against the State?
Ruling:
No. In this case, Lansang was being sued in his private capacity, not as his capacity as NPDC chairman. The complaint merely identified him as chairman of the NPDC but did not categorically state that he is being sued in that capacity. Since this is the case, the suit is valid. However, the Court found no evidence of abuse on the part of Lansang.
Furthermore, the Court ruled that Rizal Park is beyond the commerce of man and thus could not be the subject of a lease contract. The verbal agreement was only a matter of accommodation by the previous administrator.
It's a Ping Thing 