G.R. No. 38884 ; September 26, 1933
PACIFICO ABAD, ET AL., plaintiffs-appellees, vs. JUAN N. EVANGELISTA, defendant-appellant.

FACTS

Plaintiff Antonio Abad applied to transfer and operate his cockpit from San Lorenzo to San Nicolas, Gapan, Nueva Ecija. Defendant Municipal President Juan N. Evangelista granted a permit for the transfer, subject to existing and future municipal ordinances. Abad transferred the cockpit at an expense of P1,500. Subsequently, the municipal council enacted Ordinance No. 8, which prohibited the establishment of more than one cockpit in the same barrio and required a minimum distance of two kilometers between cockpits. Abad’s new cockpit was only 200 meters from an existing cockpit (Tangkeko’s). Evangelista notified Abad that his cockpit violated Ordinance No. 8 and suspended its operation using police force. Abad and others sued to make the injunction permanent and claimed damages.

ISSUE

1. Whether Ordinance No. 8 is valid.
2. Whether the municipal president is civilly liable for damages for enforcing the ordinance.

RULING

1. Yes, Ordinance No. 8 is valid. The municipal council acted within its delegated police power in regulating the distance between cockpits. The courts cannot inquire into the motives for fixing such distance. The ordinance is not invalid merely for being prejudicial to an already established cockpit, as a cockpit license is a mere privilege that can be suspended by competent authority.
2. No, the municipal president is not liable for damages. Evangelista acted in compliance with his executive duty in enforcing the ordinance. A public officer who acts pursuant to a proper exercise of executive power is neither civilly nor criminally liable for damages resulting therefrom. The plaintiffs operated their cockpit in violation of the ordinance despite notification, compelling the president to use police force to enforce the law.

The appealed judgment was reversed. The complaint was dismissed, and the defendant-appellant was absolved.

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