Claiming damages if rights violated by public officer
When a public officer violates your rights, can you claim damages? The general rule is, if what is involved is a "duty owing to the public in general", an individual cannot have a cause of action for damages against the public officer, even though he may have been injured by the action or inaction of the officer. (Vinzons-Chato v. Fortune Tobacco, G.R. No. 141309, December 23, 2008) In such a case, there is damage to the individual but no wrong to him. In performing or failing to perform a public duty, the officer has touched his interest to his prejudice; but the officer owes no duty to him as an individual. (Mechem, A Treatise on the Law of Public Offices and Officers (1890), pp. 386-387) The remedy in this case is not judicial but political. (Cruz, The Law of Public Officers, 2007 ed., p. 223) The exception to this rule occurs when the complaining individual suffers a particular or special injury on account of the public officer's improper performance or non-pe...