G.R. No. L-46930 – 162 SCRA 88 – Political Law – Constitutional Law – State Immunity from Suit – Government cannot be sued without its consent – Suit against officials performing government functions is suit against State
Anthony Rossi and Ralph Wyers were employees of the US Naval Station in Olongapo City. In October 1975, they were informed that they will be losing their full-time status; that they will become part-time employees. Rossi and Wyers complained but before their complaint could be full resolved, they discovered a letter allegedly coming from A.S. Moreau, the commanding officer of the naval station, recommending to the Chief of Naval Personnel the confirmation of the change of status of Rossi and Wyers. As a result, Rossi and Wyers sued Moreau and Dale Sanders (Special Services Director of the naval station) for damages as they alleged that they were embarrassed by the actions of Moreau and Sanders and that both pre-judged their case. They filed the damages suit before the Court of First Instance of Olongapo City presided by Judge Regino Veridiano II. Sanders and Moreau moved for the dismissal of the case invoking State immunity from suit.
ISSUE: Whether or not immunity from suit may be invoked by Sanders and Moreau.
HELD: Yes. Sanders, as director of the special services department of the naval station, had supervision over its personnel, including Rossi and Wyers, and had a hand in their employment, work assignments, discipline, dismissal and other related matters. Moreau’s act of writing their Chief is also within the scope of his official functions. The letter Moreau made dealt with the financial and budgetary problems of the department and contained recommendations for their solution, including the re-designation of Rossi and Wyers. There was nothing personal or private about it.
Hence, Sanders and Moreau were being sued as officers of the United States government. As they have acted on behalf of that government, and within the scope of their authority, it is that government, and not them personally, that is responsible for their acts. A government cannot be sued without its consent.
