RUIZ V.

CABAHUG

Facts:

The Secretary of National Defense accepted the bid of Allied Technologist, Inc. to furnish the
Veterans Hospital. The detailed architecture of the Veterans Hospital by the Allied Technologist Inc. was
submitted by the plaintiffs (Ruiz and Herrera) and defendant (PANLILIO).

When the defendant-officials (CABAHUG, JIMENEZ) paid for their dues, they retained the 15% of
due to the fact that PANLILIO declared himself as the sole architect of the Veteran Hospital excluding the
plaintiffs and such declaration was aided and abetted by JIMENEZ thus depriving the plaintiffs of the
monetary value for the services they rendered. (DISMISSED BY COURT DUE TO THE SUIT INVOLVING THE
GOVERNEMENT, WHICH MAY NOT BE SUED WITHOUT CONSENT)

The plaintiffs alleged that under the TITLE II of the agreement, that prior to six months after the
completion of work stated in TITLE I by the Allied Technologist Inc., the government may direct them
(ALLIED TECHNOLOGIST INC) to perform services specified in the TITLE II. (DISMISSED ON THE GROUNDS
THAT THE SERVICES INDICATED IN TITLE II ARE OPTIONAL AND HAVE BEEN PERFORMED ALREADY)

ISSUE:

Whether or Not the government could be sued for the fact they retained the 15% of the due
and depriving the plaintiffs of their share.

HELD:

The suit is not one against the government, but against the officials who as per allegations by
the plaintiffs had interests in the outcome of the controversy between the plaintiffs and Panlilio.

The rule that the government is immune to suit is only applicable when the state is made a party upon
the record or is actually necessary to be made a party in order to furnish the relief demanded by the suit.