Farolan V Solmac Corp

Farolan v Solmac Marketing Corp
G.R. No. 83589; March 13, 1991

Damnum Absque Injuria
FACTS:
Ramon Farolan was then the Acting Commissioner of Customs. He and
a Parayno were sued in their official capacities as officers in the
government.
Solmac Marketing Corp was the owner of an importation of Clojus
Recycling Plastic Products of what is technically known as
polypropylene film used chiefly in making fibers, films, and molded and
extruded products. The subject importation, consisting of seventeen
(17) containers, arrived in December, 1981. Upon application for entry,
Customs asked respondent SOLMAC for its authority from the
government to import the goods described in the bill of lading.
However, upon examination of the shipment, it turned out that the
fibers of the importation were oriented in such a way that the materials
were stronger than what they claimed to be. In other words, the
Clojus shipment was not OPP film scrap, as declared by the
assignee respondent SOLMAC to the Bureau of Customs and
BOI but oriented polypropylene the importation of which is
restricted, if not prohibited, under Letter of Instructions of the
BOC and BOI.
Considering that the shipment was different from what had been
authorized by the BOI and by law, petitioners Parayno and Farolan
withheld the release of the subject importation. Parayno wrote the BOI
asking for the latter's advice on whether or no t the subject importation
may be released.
August 17, 1982 - the BOI agreed that the subject imports may be
released but that holes may be drilled on them by the Bureau of
Customs prior to their release.
January 20, 1983 - counsel of private respondent wrote to Customs
asking for the release of the importation. The importation was not
released, however, on the ground that holes had to be drilled on them
first.
November 8, 1983 - BOI wrote a letter to the BOC stating that the
subject goods may be released without drilling of holes.
February 1, 1984 - Commissioner Farolan wrote the BOI requesting for
definite guidelines regarding the disposition. As of now, they were
being held at the BOC.
Respondent Solmac filed the action for the unconditional release of the
subject importation. It also prayed for actual damages,
exemplary damages, and attorney's fees holding FAROLAN AND
PARAYNO liable personally because not releasing the
importations was irregular and devoid of legal basis, hence,
not done in the regular performance of official duty.
RTC release but no damge; CA release AND pay damage in personal
capcitie
ISSUE:
Whether or not the petitioners acted in good faith in not immediately
releasing the questioned importation, or, simply, can they be held
liable, in their personal and private capacities, for damages to the
private respondent?
HELD AND RATIO:
We rule for the petitioners.
We had reviewed the evidence on record carefully and we did not see
any clear and convincing proof showing the alleged bad faith of the
petitioners. On the contrary, the record is replete with evidence
bolstering the petitioners' claim of good faith. First, there was the
report that, contrary to what the respondent claimed, the subject
importation was not OPP film scraps but oriented polypropylene, a
plastic product of stronger material, whose importation to the
Philippines was restricted.
Second, the petitioners testified that, on many occasions, the Bureau
of Customs sought the advice of the BOI on whether the subject
importation might be released. Third, petitioner Parayno also testified
during the trial that up to that time (of the trial) there was no clear-cut
policy on the part of the BOI regarding the entry into the Philippines of
oriented polypropylene (OPP), as the letters of BOI respectively,
ordering the release of the subject importation did not clarify the BOI
policy on the matter.
It can be seen from all the foregoing that even the highest officers of
the BOI themselves were not in agreement as to what proper course to
take on the subject. The confusion over the disposition of this
particular importation obviates bad faith. Thus the trial court's
finding that the petitioners acted in good faith in not
immediately releasing the Clojus shipment pending a definitive
policy of the BOI on this matter is correct.
When a public officer takes his oath of office, he binds himself to

perform the duties of his office faithfully. In the case at bar, prudence
dictated that petitioners first obtain from the BOI the latter's definite
guidelines regarding the disposition of the various importations. But
even granting that the petitioners committed a mistake in withholding
the release of the subject importation, nonetheless, it is the duty of the
Court to see to it that public officers are not hampered in the
performance of their duties or in making decisions for fear of personal
liability for damages due to honest mistake.
Whatever damage they may have caused as a result of such an
erroneous interpretation, if any at all, is in the nature of a damnum
absque injuria. Mistakes concededly committed by public officers are
not actionable absent any clear showing that they were motivated by
malice or gross negligence amounting to bad faith.

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Farolan v Solmac Marketing Corp

G.R. No. 83589; March 13, 1991

When a public officer takes his oath of office, he binds himself to

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