Topic: Suits Against Government Agencies, if incorporated: consult the charter

Citation: G.R. No. L-8670, May 18, 1956

EUTIQUIO BERMOY, ET AL., PLAINTIFFS-APPELLANTS, V.S. PHILIPPINE NORMAL COLLEGE, ET AL. DEFENDANTS-APPELLEES.

Facts:

1. July 6, 1954, twenty employees of the Philippine Normal College, who were working as cooks, waiters, dishwasher, and in
various other capacities in its dormitory known as Normal Hall, filed an action in the Court of First Instance of Manila
against the said Philippine Normal College and/or Philippine Normal School for the recovery of salary differentials and
overtime pay
2. Court ordered it dismissed on the ground that neither one of the defendants was a corporation or a juridical entity with
capacity to be sued.
3. Republic Act No. 416, which took effect In July., 1949, converted the old Philippine Normal School into the present
Philippine Normal College and endowed it with the "general powers set out in section thirteen of Act Numbered Fourteen
hundred and fifty-nine, as amended" (Corporation Law)

Issue/s:

1. Suability of the Philippine Normal College has a juridical personality of its own, but contends that, as it is an Instrumentality
of government for the discharge of state functions, it may not be sued without the consent of the state.

Holding:

2. The order appealed from is revoked and the case remanded to the court of origin for further proceedings