Wylie vs.
Rarang
GR No. 74135, May 28 1992, 209 SCRA 357
FACTS:
Petitioner M. H. Wylie was the assistant administrative officer while petitioner Capt. James
Williams was the commanding officer of the U. S. Naval Base in Subic Bay, Olongapo City.
Private respondent Aurora I. Rarang was an employee in the office of the Provost Marshal
assigned as merchandise control guard.
Wylie vs. Rarang
M. H. Wylie, in his capacity as assistant administrative officer of the U.S. Naval Station
supervised the publication of the "Plan of the Day" (POD) which was published daily by the US
Naval Base station.
The POD featured important announcements, necessary precautions, and general matters of
interest to military personnel.
Wylie vs. Rarang
One of the regular features of the POD was the "action line inquiry."
On February 3, 1978, the POD made a publication, under the "NAVSTA ACTION LINE
INQUIRY" which mentioned a certain person named “Auring” who is described as a disgrace to
her division and to the Office of the Provost Marshal.
Wylie vs. Rarang
The private respondent was the only one who was named "Auring" in the Office of the Provost
Marshal and was subsequently proven that it was her being referred to when petitioner M. H.
Wylie wrote her a letter of apology for the "inadvertent" publication.
The private respondent the filed an action for damages alleging that the article constituted false,
injurious, and malicious defamation and libel tending to impeach her honesty, virtue and
reputation exposing her to public hatred, contempt and ridicule; and that the libel was published
and circulated in the English language and read by almost all the U. S. Naval Base personnel.
Wylie vs. Rarang
The defendants however contended by filing a motion to dismiss based on the grounds that the
defendants M. H. Wylie and Capt. James Williams acted in the performance of their official
functions as officers of the United States Navy and are, therefore, immune from suit; and the
United States Naval Base is an instrumentality of the US government which cannot be sued
without its consent.
ISSUE:
Whether or not the officials of the United States Naval Base are immune from suit.
HELD:
The subject article in the US Newsletter POD dated February 3, 1978 mentions a certain
"Auring" as ". . a disgrace to her division and to the Office of the Provost Marshal."
Wylie vs. Rarang
The same article explicitly implies that Auring was consuming and appropriating for herself
confiscated items like cigarettes and foodstuffs.
There is no question that the Auring alluded to in the Article was the private respondent as she
was the only Auring in the Office of the Provost Marshal.
Moreover, as a result of this article, the private respondent was investigated by her supervisor.
Wylie vs. Rarang
Before the article came out, the private respondent had been the recipient of commendations by
her superiors for honesty in the performance of her duties.
It may be argued that Captain James Williams as commanding officer of the naval base is far
removed in the chain of command from the offensive publication and it would be asking too
much to hold him responsible for everything which goes wrong on the base.
Read: Republic of the Philippines vs. Feliciano
This may be true as a general rule.
Wylie vs. Rarang
In this particular case, however, the records show that the offensive publication was sent to the
commanding officer for approval and he approved it.
The factual findings of the two courts below are based on the records.
The petitioners have shown no convincing reasons why our usual respect for the findings of the
trial court and the respondent court should be withheld in this particular case and why their
decisions should be reversed.
Wylie vs. Rarang
Article 2176 of the Civil Code prescribes a civil liability for damages caused by a person's act or
omission constituting fault or negligence, to wit:
Art. 2176. Whoever by act or omission, causes
damage to another, there being fault or negligence is
obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict
and is governed by the provisions of this Chapter.
"Fault" or "negligence" in this Article covers not only acts "not punishable by law" but also acts
criminal in character, whether intentional or voluntary or negligent."
Wylie vs. Rarang
Moreover, Article 2219(7) of the Civil Code provides that moral damages may be recovered in
case of libel, slander or any other form of defamation.
In effect, the offended party in these cases is given the right to receive from the guilty party
moral damages for injury to his feelings and reputation in addition to punitive or exemplary
damages.
Indeed the imputation of theft contained in the POD dated February 3, 1978 is a defamation
against the character and reputation of the private respondent.
Wylie vs. Rarang
Petitioner Wylie himself admitted that the Office of the Provost Marshal explicitly recommended
the deletion of the name Auring if the article were published.
The petitioners, however, were negligent because under their direction they issued the
publication without deleting the name "Auring."
Such act or omission is ultra vires and cannot be part of official duty.
Wylie vs. Rarang
It was a tortious act which ridiculed the private respondent.
As a result of the petitioners' act, the private respondent, according to the record, suffered
besmirched reputation, serious anxiety, wounded feelings and social humiliation, specially so,
since the article was baseless and false.
Wylie vs. Rarang
The petitioners, alone, in their personal capacities are liable for the damages they caused the
private respondent.
