Sanders vs Veridiano (G.R. No. L-46930) Constitutional Law

G.R. No. L-46930 June 10, 1988

DALE SANDERS, AND A.S. MOREAU, JR, petitioners,

vs.

HON. REGINO T. VERIDIANO II, as Presiding Judge, Branch I, Court of First Instance of Zambales, Olongapo City, ANTHONY M. ROSSI and RALPH L. WYERS, respondents.

Ponente:

CRUZ, J.

Action:

This petition for certiorari, prohibition and preliminary injunction

Facts:

Petitioner Dale Sanders was the special services director of the US Naval Station (NAVSTA) in Olongapo City. Private respondents, Anthony Rossi and Ralph Wyers, are American citizens permanently residing in the Philippines and were employed as game room attendants in the special services department of NAVSTA. On October 3, 1975, the respondents were advised that their employment had been converted from permanent full-time to permanent part-time. In a letter addressed to petitioner Moreau, Sanders disagreed with the hearing officer’s report of the reinstatement of private respondents to permanent part-time plus back wages. Respondents allege that the letters contained libelous imputations which caused them to be ridiculed and, thus, filed for damages against petitioners.

Issues:

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

Ruling:

WHEREFORE, the petition is GRANTED.

Ratio Decidendi:

It is 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. The private respondents must pursue their claim against the petitioners in accordance with the laws of the Unites States of which they are all citizens and under whose jurisdiction the alleged offenses were committed for the Philippine courts have no jurisdiction over the case.