Suit Against Government Agencies

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.

Issue

Whether the court was right to dismiss the action on the ground that the PNC has no
capacity to be sued.

Ruling

RA 416, which took effect in July 1949, converted the old Philippine Normal School
into the present Philippine Normal College.

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 sued in courts.

The case is remanded to the court of origin for further proceedings.