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Olaviano vs. Oriell

CIPRIANO OLAVIANO, AGUSTIN OSTREA, LUIS OLIVAR, LEOCADIO OSTREA, NORBERTO RODRIGUEZ, EUGENIO RAMIRES, ET AL., plaintiffs-appellants, vs. PRIMITIVO ORIELL, Mayor of Balaoan; ESTEBAN VILORIA, Vice-Mayor; PEDRO OLIVARES ET AL., Members of Municipal Council of Balaoan, La Union, defendants-appellees.

G.R. No. L-1566 | 1948-02-27

D E C I S I O N

BENGZON, J:

Flatly disagreeing with the councilors of their town about the demolition of the remains of the old municipal building, the six plaintiffs, for themselves and in representation of twenty other residents of Balaoan, La Union, petitioned the Court of First Instance for an injunction to impede such destruction, which was authorized by a resolution unanimously approved by the council.

On a motion to dismiss, the Honorable Vicente Santiago, Judge, absolved the defendants, - the mayor and the councilors - upon the ground that the plaintiffs had no standing to litigate as mere taxpayers or citizens because they did...