SHAUF V.

COURT OF APPEALS
G.R. NO. 90314, November 27, 1990
 
FACTS:
 
Petitioner Shauf, Filipino by origin and married to an American who is a member of
the United States Airforce, applied for the vacant position of Guidance Counselor, in
the Base Education Office at Clark Air Base, for which she is imminently qualified.
 
As found by the trial court Shauf had completed her degree and masters, including
the coursework related to the position. She is also civil service eligible, and more
importantly she had functioned as the Guidance Counselor at the Clark Air Base for
four years before reapplying for the same position.
 
By reason of non-selection to the position, petitioner filed an equal employment
opportunity complaint against private respondents, for alleged discrimination
against the former by reason of her nationality and sex.
 
Private respondents contend that as officers of the United State Armed forces, they
are merely performing official functions in accorded to them.
 
RTC ruled in favor with the petitioner.
 
Private Respondents file a motion to Court of Appeals.
 
Court of Appeals reversed the decision of the RTC.
 
Thus, petitioner seeks for review of certiorari, and the reversal of CA's decision.
 
ISSUE:
 
Whether or not the private respondents as officials are immune from the suit.
 
RULING:
 
Negative. Private respondents being sued in their private capacity for discriminatory
acts performed beyond their authority, is not a suit against the United States
Government which would require its consent.
 
Doctrine of sovereign immunity from suit does not apply when State officials are
sued in their private or personal capacity or for unauthorized acts.
 
 
 
 

IVY EILAINE C. PARILLA

JD1
CRIMINAL LAW I