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FACTS:
RTC ruled in favor of Shauf. Both parties appealed to the CA. Shauf prayed for the
increase of the damages to be collected from defendants. Defendants on the other
hand, continued using the defense that they are immune from suit for acts
done/statements made by them in performance of their official governmental
functions pursuant to RP-US Military Bases Agreement of 1947. They claim that
the Philippines does not have jurisdiction over the case because it was under the
exclusive jurisdiction of a US District Court. They likewise claim that petitioner
failed to exhaust all administrative remedies thus case should be dismissed. CA
reversed RTC decision. According to the CA, defendants are immune from suit.
Hence this petition for review on certiorari.
ISSUE:
WON private respondents are immune from suit being officers of the US
Armed Forces
HELD:
No, they are not immune. They state that the doctrine of immunity from suit will
not apply and may not be invoked where the public official is being sued in his
private and personal capacity as an ordinary citizen. The cloak of protection
afforded the officers and agents of the government are removed the moment they
are sued in their individual capacity. This situation usually arises where the public
official acts without authority or in excess of the powers vested in him.