S A N DE R S VS .

VE R I D I A N O

No. L-46930 | 1988, June 10

CRUZ, J.:

Facts:

Petitioner Sanders was then the special services director of the U.S.

Naval Station (NAVSTA) in Olongapo City. Petitioner Moreau was the

commanding officer of the Subic Naval Base, which includes the said

station. Private respondents were American citizens with permanent address

in the Phil and were both game room attendants of the NAVSTA.

Herein respondents were then advised that there employment was changed

from permanent full time to permanent part-time. They filed a case of the

US Dept. of Defense then was gave a recommendation for their

reinstatement. The controversy of the case was when Sanders sent a letter to

Moreau that he disagrees with the recommendation. Because of the letters

private respondents filed a case with CFI of Zambales, the plaintiffs claim

that the letters contains libelous content and has caused them the

prejudgment of the grievance proceedings.

The lower court ruled that the defendants acted maliciously and in bad faith.

Motion to lift the default order and motion for reconsideration of the denial

on the motion to dismiss which was subsequently denied by the respondent

court.

Petition for certiorari, prohibition and preliminary injunction

Issue:

Whether or not the respondent court acted with grave abuse of discretion

amounting to lack of jurisdiction. Wether or not petitioners were acting

officially or only in their private capacities when they did the acts where

they are sued for damages.

Ratio:

Since the facts lead to that the petitioners are acting in the discharge of their

official duties, the petitioners are being sued as gov’t. Officials of USA. If

the trial will proceed damages will not be on the petitioner’s personal

capacity but of the petitioner’s principal. The USA government. thus making

the action a suit against that government without its consent. The

government of the United States has not given its consent to be sued for the
official acts of the petitioners, who cannot satisfy any judgment that may be

rendered against them. It is abundantly clear in the present case that the acts

for which the petitioners are sued by are acts in the discharge of their official

duties. Sanders, as director of the special services department of NAVSTA

had supervision of its personnel and matters relating to their work and

employment. As for Moreau, what he is claimed to have done was write the

Chief of Naval Personnel for concurrence with the conversion of the private

respondent’s type of employment even before the grievance proceedings had

even commenced.

HELD:

WHEREFORE, the petition is GRANTED. The challenged orders dated

March 8, 1977, August 9, 1977, and September 7, 1977, are SET ASIDE.

The respondent court is directed to DISMISS Civil Case No. 2077-O. Our

Temporary restraining order of September 26, 1977, I made PERMANENT.

No costs SO ORDERED.