Bermoy vs.

Philippine Normal College

FACTS:
Appeal from the order of the Court of First Instance of Manila dismissing the
action filed by twenty 'employeesof thePhilippine Normal College working
under various capacities in its dormitory known as the Normal Hall.The order
of dismissal was based on the ground that neither one of the defendants was
a corporation or a juridical entity with capacity to be sued.
ISSUE:
Whether or not the PNC is immune from suit by the principle of non-suability
of the state.
Held:
Order appealed from reversed and the case is remanded to the lower court
for further proceedings. The appeal ismeritorious, because Republic Act No.
416 endows the Philippine Normal College with the "general powers setout"
in Section 13 of theCorporation Law; and one of the powers enumerated in
the said section is the power "tosue and be sued in any court."

Facts: On July 6, 1954, (24) twenty four employees from its dormitory known
as Normal Hall of the Philippine Normal College, filled an action in the COF of
Manila against the PNC for the recovery of salary differentials and overtime
pay. The Solicitor General on behalf of the defendant answers and denies the
latter liability. The court ordered it dismissed before the case was tried on the
merits, on the ground that neither one of the defendants was a corporation
or a juridical entity with capacity to be sued. The plaintiffs took an appeal to
Supreme Court, alleging that it was an error to dismiss their case on the
ground that, R.A. No. 416 took effect July, 1949 converted PNS to PNC, thus
created a Board of Trustees to administer the affairs as a corporation under
section 13 of the amended Act 1455 (Corporate Law), with the power “to sue
and to be sued in any court.”

Issue: Whether or not the PNC as a government corporation can be sued.

Held: 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.