Wednesday, April 27, 2011

Case Digest: Sanders and Moreau, Jr. vs. Veridiano II

10 June 1988                      G.R. No. L-56930

FACTS:

Rossi and Wyer were advised that their employment had been converted from permanent full-time to permanent part-time.  Their reaction was to protest this conversion and to institute grievance proceedings conformably to the pertinent rules and regulations of the US DoD.  Moreau sent to the Chief of Naval Personnel explaining the change of employment status of the two from which Rossi and Wyer filed in the Court of First Instance of Olongapo City a complaint for damages against the herein petitioners claiming that the letters contained libellous imputations against the two.  Due to the failure to appear in the court, Moreau and Sanders were declared in default.

ISSUE: 

Whether the petitioners were performing their official duties when they did the acts for which they have been sued for damages.

RULING:

It is abundantly clear in the present case that the acts for which the petitioners are being called to account were performed by them in the discharge of their official duties.  Sanders, as director of the special services department of NAVSTA, undoubtedly had supervision over its personnel and had a hand in their employment, work assignments, discipline, dismissal and other related matters.  The same can be said for Moreau.  Given the official character of the above-described letters, it can be concluded that the petitioners were being sued as officers of the United States government.  There should be no question by now that such complaint cannot prosper unless the government sought to be held ultimately liable has given its consent to be sued.

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