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

in Legal Chyme by

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.

Whether or not private respondents are immune from suit.

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.

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