Amaro vs. Sumanguit

CORNELIO AMARO and JOSE AMARO vs. AMBROSIO SUMANGUIT
G.R. No. L-14986 July 31, 1962
Appeal from a decision of the CFI of Negros Occidental
Makalintal, J.:
Facts: Appellant Jose Amaro was assaulted and shot at near the city government building of Silay; that the following day he, together with his father and his witnesses, went to the office of the defendant chief of police but instead of obtaining assistance to their complaint they were harassed and terrorized. In view thereof they gave up and renounced their right and interest in the prosecution of the crime. Amaro filed a complaint against chief of police for damages which motion the court dismissed.

Issue: WON chief of police be held liable for damages under art 27 of the CC

Ruling: ORDER APPEALED from is set aside and the case is remanded to the Court of origin for further proceedings.
The facts set out constitute an actionable dereliction on appellee's part in the light of Article 27 of the Civil Code. That appellants were "harrased and terrorized" may be a conclusion of law and hence improperly pleaded. Their claim for relief, however, is not based on the fact of harassment and terrorization but on appellee's refusal to give them assistance, which it was his duty to do as an officer of the law.
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