Saturday, May 30, 2015
An Unincorporated Government Agency Without Any Separate Juridical Personality Of Its Own Enjoys Immunity From Suit Because It Is Invested With An Inherent Power Of Sovereignty….
a) DOH is an unincorporated agency which
b) The Complaint seeks to hold the DOH
The mantle of non-suability extends to complaints
x x x [T]he 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 is 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. It is a well-settled principle of law that a public official may be liable in his personal private capacity for whatever damage he may have caused by his act done with malice and in bad faith, or beyond the scope of his authority or jurisdiction. (Citations omitted)
Posted by rsb at 3:49 PM