G.R. No. L-6118; April 26, 1954
LARRY J. JOHNSON, plaintiff-appellee, vs. MAJ. GEN. HOWARD M. TURNER, ET AL., defendants-appellants.

FACTS

Plaintiff Larry J. Johnson, an American citizen, was formerly employed by the U.S. Army at Okinawa until his resignation on August 5, 1950. He returned to the Philippines that same month, bringing with him U.S. Military Payment Certificates (Scrip Money) amounting to $3,713, which he claimed to have earned in Okinawa. On January 15, 1951, at the U.S. Military Port of Manila, he attempted to convert this scrip money into U.S. dollars. Defendant Capt. Wilford H. Hudson Jr., Provost Marshal, confiscated the scrip money, alleging Johnson’s possession and attempted conversion violated military circulars, rules, and regulations. Johnson’s formal claim for return was denied by military authorities. Subsequently, the U.S. Military authorities issued an order converting all outstanding scrip money into a new series, rendering the old series (which included Johnson’s confiscated scrip) valueless. Johnson filed an action in the Court of First Instance of Manila against U.S. Air Force officers (Maj. Gen. Howard M. Turner, Maj. Torvald B. Thompson, and Capt. Wilford H. Hudson Jr.) to recover the amount “at the reconverted or new series and to the same full worth and value.” The defendants moved to dismiss the complaint on grounds of lack of jurisdiction, arguing they were sued in their official capacities, the action was based on their official acts, and the U.S. Government had not consented to be sued. The trial court denied the motion, held it had jurisdiction, and ordered the defendants to return the confiscated scrip money in the reconverted or new series.

ISSUE

Whether the trial court had jurisdiction over the suit, considering it is in effect a suit against the United States Government, which has not given its consent to be sued.

RULING

No. The Supreme Court reversed the trial court’s decision and dismissed the complaint for lack of jurisdiction. The Court held that the present action, while ostensibly against individual officers, is in reality a suit against the United States Government. Although a private citizen may sue government officers as individuals to recover property illegally withheld, this principle does not apply where the judgment would result in a charge against or financial liability to the Government. Here, the relief sought—the return of the scrip money in the reconverted or new series (or its equivalent value in dollars, since Johnson had lost his authorized status to possess it)—would impose a financial liability on the U.S. Government. The defendants acted in their official capacities as agents of the U.S. Government. Since the U.S. Government has not given its consent to be sued, the courts have no jurisdiction to entertain the suit. The Court deemed it unnecessary to rule on the propriety of the confiscation or the effect of Johnson’s filing a claim with the U.S. Claims Division.