\etitioner:        Dale Sanders and A.S. Moreau, jr.

Respondent:    Hon. Regino, Veridiano II (presiding Judge, CFI Zambales,

Olongapo)
Anthony M. Rossi and Ralph L. Wyers
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
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Issue:

1. Whether or not the respondent court acted with grave abuse of discretion
amounting to lack of jurisdiction
2. 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:

1. 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
 2. 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.

Decision/ Ruling:
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.