San Pascual, Ellainemor Q.

Administrative Law – Thursday (6:30 – 9:30)

Shauf vs Court of Appeals

Facts:
Loida Q. Shauf, A Filipino who married an American who is a member of the United
State Air Force, applied for the vacant position of Guidance Counselor in the Base
Education Office at Clark Air Base. She was qualified based on her credentials and
experience. However, she was not chosen. Shauf filed an equal employment opportunity
complaint against Clark Air Base by reason of her sex and nationality.
The defendants’ counterclaims were: first, that they were immune from suit for acts
done and statement made by them in the performance of their official government
functions pursuant to the Philippine-American Military Bases Agreement. They likewise
aver that that only the United States (US) District Court has jurisdiction over them.
Issue:
Whether or not the officials of the United States armed forces are immune from suits
Held:
No, the Court stated that the doctrine of immunity from suit will not apply and cannot
be invoked where the public official is being sued in his private and personal capacity as
an ordinary citizen. This situation arises where the public officer acts without authority
or in bad faith in using the powers vested him. Therefore, the Court held that there is
ample evidence that Shauf was refused employment on the account of her sex, color and
origin.
Words: 219 words