Bermoy vs Phil Normal College Case Digest
Facts
21 employees of Philippines Normal College who were working in various capacities in its dormitory filed an action in the Court of First Instance in Manila against the said school for the recovery of salary differentials and overtime pay. The action is dismissed on the ground that the defendants are not corporations or juridical entities without the capacity to be sued.
Festejo vs Fernando Case Digest – GR No. L-5156, March 11, 1954
Issue
Whether the court was right to dismiss the action on the ground that the PNC has no capacity to be sued.
Ruling
One of the provisions of the charter that created Philippine Normal College state that the PNC has the power to “Sue and be Sued”/ The state has already given the consent by inventing the College with the express power to be sud in courts.
The case is remanded to the court of origin for further proceedings.
The state has already given the consent by investing the college with express power to be sued in the court. The act Authorizes the College to be sued is also made clear in Section 6, where it is provided that “all process against the Board of Trustees shall be served on the President or Secretary thereof”. The order appealed from is re revoked and the case remanded to the court of origin for further proceedings. No cost.
Bermoy vs Phil Normal College Case Digest
