Petitioner
M. H. Wylie
Respondent
Aurora I. Rarang
Citation
G.R. No. 74135
Court
Supreme Court
Division
Third Division
Ponente
Gutierrez, Jr., J.
Decided
May 28, 1992

Summary

US naval officers Wylie and Williams published a derogatory article in the base newsletter naming 'Auring' (Aurora Rarang) as consuming confiscated items and being 'a disgrace.' Despite the Provost Marshal office recommending deletion of the name, they negligently allowed publication. Rarang sued for defamation. Officers claimed immunity from suit as government officials performing official functions. The Supreme Court held that while US officials generally enjoy immunity for official acts, this immunity does not extend to crimes and tortious acts committed ultra vires or in bad faith. The defamatory publication was a personal tortious act, not an official duty. The officers were held personally liable under Civil Code provisions on quasi-delict and moral damages for defamation, establishing important precedent on limits of official immunity for tortious conduct.

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By the Intellegal Editorial Board · May 28, 1992

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