Shauf vs CA; G.R. No. 90314; 27 Nov 1990; 191 SCRA 713

FACTS:
Petitioner applied for the vacant position of Guidance Counselor in the Basic Education Office at the Clark Air Base. Despite her qualification, she was not appointed by respondent Anthony Persi; instead, Edward Isakson was employed even though he does not meet the requirement of the position.

ISSUE(S):
Whether or not private respondents are immune from suit.

HELD:
NO. While the doctrine appears to prohibit only suit against the State without its consent, it i also applicable to complaints filed against official of the State for acts allegedly performed by them in the discharge of their duties. However, it is a different matter where the public official is made to account in his capacity as such for act contrary to law and injurious to the rights of the plaintiff.

Tags: , ,

Category: Legal Chyme

Leave a Reply

Your email address will not be published. Required fields are marked *