Sanders v. Veridiano

TOPIC: Doctrine of Immunity from Suit; 

FACTS:

Petitioner Sanders was the special services director of the US Naval Station (NAVSTA) in Olongapo City, while Petitioner Moreau was the commanding officer of the Subic Naval Base.   

The private respondents are gameroom attendants in the special services department of NAVSTA. Their employment was converted from permanent full-time to permanent part-time. The hearing officer ruled for their reinstatement plus backwages. However, Petitioners disagreed with the hearing officer’s report and were allegedly accused of issuing libelous imputations against the private respondents. Hence, they were sued in their personal capacities. 

ISSUE:

WON the Petitioners may be sued.

RULING:

No.

A government functionary is being sued in his personal capacity will not automatically remove him from the protection of the law of public officers. Conversely, a mere invocation of official character will not suffice to insulate him from suability and liability for an act imputed to him as a personal tort committed without or in excess of his authority.

In this case, the fact that the petitioners were sued in their personal capacities does not automatically remove them from the protection of the law. Moreover, Petitioner Sanders, as director of the special services department of NAVSTA, undoubtedly had supervision over its personnel, including the private respondents. Moreover, Petitioner Moreau was the immediate superior of Sanders and directly answerable to Naval Personnel in matters involving the special services department of NAVSTA. Hence, petitioners were, legally speaking, being sued as officers of the United States government, who acted within the scope of their authority. 

Moreover, a state cannot be sued without its consent. In this case, the government of the United States has not given its consent to be sued for the official acts of the petitioners. 

Therefore, the Petitioners cannot be sued as the United States government has not decided to give its consent to be sued in our courts.