State Immunity from Estoppel

Thus, when there is no convincing evidence to prove irregularity or negligence on the part of the government official whose acts are being disowned other than the bare assertion on the part of the State, we have declined to apply State immunity from estoppel. Herein, there is absolutely no evidence other than the bare assertions of the respondents that the Cauayan City government had previously erred when it certified that the property had been zoned for commercial use. One would assume that if respondents were correct, they would have adduced the factual or legal basis for their contention, such as the local government’s land use plan or zoning ordinance that would indicate that the property was not commercial. Respondents did not do so, and the absence of any evidence other than bare assertions that the 1996 to 2001 certifications were incorrect lead to the ineluctable conclusion that respondents are estopped from asserting that the previous recognition of the property as commercial was wrong. (Newsounds v. Dy, G.R. Nos. 170270 & 179411, April 2, 2009)