GR L 1566; (February, 1948) (Digest)
G.R. No. L-1566; February 27, 1948
CIPRIANO OLAVIANO, et al., plaintiffs-appellants, vs. PRIMITIVO ORIELL, Mayor of Balaoan, et al., defendants-appellees.
FACTS
Plaintiffs, as taxpayers and residents of Balaoan, La Union, filed an injunction suit to stop the demolition of the remains of the old municipal building. The demolition was authorized by a unanimous municipal council resolution to give way to a street extension. The plaintiffs argued the resolution was an abuse of discretion, causing financial loss to the municipality, and that it required prior approval from the provincial board. The Court of First Instance dismissed the complaint, ruling the plaintiffs lacked legal standing as they alleged no special injury distinct from the general public, and that injunction was improper as demolition was nearly complete.
ISSUE
Whether the plaintiffs, as taxpayers and citizens without alleging a special injury different from the public, have legal standing to sue for injunction against the municipal council’s resolution.
RULING
No. The Supreme Court affirmed the dismissal. Private citizens cannot restrain official acts where they allege no damage to themselves different from that suffered by the general public. The municipal councilors, as elected representatives, are presumed to act for the majority’s interest. The court will not supervise the discretionary acts of local legislative bodies within their authority. The provincial board’s subsequent implied assent to the resolution validated it, and the manual provision cited did not apply as it concerned sale or condemnation, not the intended use of the materials for street repair. The policy is to protect public officers from a multiplicity of suits by individuals questioning the wisdom of official actions.
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