Sanders vs. Veridiano

Sanders vs. Veridiano Petitioner Sanders, at the time of the incident occurred, was the special services director of the U.S. Naval Station (NAVSTA) in Olongapo City. 1 Petitioner Moreau was the commanding officer of the Subic Naval Base. While respondents Rossi and Wyer were both employed as gameroom attendants in the special services department of the NAVSTA, and were advised that their employment had been converted from permanent full-time to permanent part-time. This prompted the two respondents to file a case, and a pray for reinstatement and backwages. The private respondents made it clear that the petitioners were being sued in their private or personal capacity. However, in a motion to dismiss filed under a special appearance, the petitioners argued that the acts complained of were performed by them in the discharge of their official duties and that, consequently, the court had no jurisdiction over them under the doctrine of state immunity. The CFI has decided that the petitioners failed to prove that they are acting in official capacity. Issue: Are the petitioners herein acted in official capacity to raise the issue of state immunity Held: Clearly, as both officers, the petitioners have acted in their official capacity, they are just exercising their official functions as superiors of the respondents, and to be sure, there are a number of well-recognized exceptions. It is clear that a public officer may be sued as such to compel him to do an act required by law, if it is private capacity (jure gestiones), but if it is governmental activities (jure imperii) and may implead the state, the state now may invoke its immunity from suit. In the case of foreign states, the rule is derived from the principle of the sovereign equality of states which wisely admonishes that par in parem non habet imperium and that a contrary attitude would "unduly vex the peace of nations." 17 Our adherence to this precept is formally expressed in Article II, Section 2, of our Constitution, where we reiterate from our previous charters that the Philippines "adopts the generally accepted principles of international law as part of the law of the land.