G.R. No.

L-8670, May 18, 1956

EUTIQUIO BERMOY, ET AL., PLAINTIFFS-

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

DECISION

REYE
EYES, A., J.:
J.:

On Jul
July 6, 1954, twe
twenty
nty employe oyees of the Phili
hilip
ppine
ine Norma
rmal Coll
Colleege, who
were
were work
workin
ing
g as cook
cooks, s, wait
waiter
ers,s, dish
dishwa
wash
sher
er,, and
and in vari
variou
ouss othe
otherr cap
capac
acit
itie
iess
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 
Phil
Philip
ippi
pine
ne Norm
Normal al Scho
School ol for
for the
the reco
recove
very
ry of sala
salary
ry diff
differ
eren
enti
tial
alss and
and over
overti
time
me
 pay.
ay . The Solic
Solicito
itorr Genera
Generall filed
filed an answer
answer on behalf
behalf of the defe defend
ndan
ants
ts
denying the latter" s liability. But before the case was tried on the merits, the
court orde
rdered
red it dismi
smissessed on the
the ground that neith ither one of the defen fendants
was a corporation or a juridical entity with capacity to be sued.
Rec
Reconsi
onside
dera
rati
tion
on of this
this orde
orderr havi
havingng been
been den
denied,
ied, plai
plaint
ntif
iffs
fs took
took this
this appe
appeal
al
to this Court, alleging that It was error to dismiss their case on the ground
mentioned.

The
The appe
appeal
al is,
is, in cur
cur opin
opinio
ion,
n, meri
merito
tori
riou
ous.
s.

Republic Act No. 416, which took effect In July., 1949, converted the old
Phil
Philip
ippi
pine
ne Norma
ormall Scho
School
ol into
into the
the pres
presen
entt Phil
Philip
ippi
pine
ne Norm
Normal al Coll
Colleg
egee and
and
endowed it with the "general powers set out In section thirteen of Act
 Numb
umberered
ed Four
Fourte
teen
en hund
hundre
red
d and
and fifty-nine, as amen
amende ded"
d" (Cor
(Corpopora
rati
tion
on
Law)
Law).,., entr
entrus
usti
ting
ng Its
Its gove
govern
rnme
mentnt and
and the
the admi
admini
nist
stra
rati
tion
on of its
its affa
affair
irss to a
 boar
oardd of trus
truste
tees
es ther
therei
ein
n crea
create
ted,
d, whic
whichh was
was to exer
exerci
cise
se for
for It "all
"all the
the powe
powers rs

Page 1 of 2
of a corporation as provided in (said) section,” and in particular, “to
administer and appropriate the funds of Normal Hill and to supervise and
control its income and expenses, all provisions of law to the contrary
notwithstanding."

One of the powers specifically enumerated in the said section. 13 of                 

the Corporation Law is the power "to sue and be sued in any.court."
With this express grant of power, we don't see how it could be doubted
that the Philippine Normal College could be made a defendant in a suit
in court.

The Solicitor General admits that the Philippine Normal College has a
uridical 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. The answer to that
contention is that the state has already given that consent by
investing the College with the express power to be sued in courts That
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,"

Wherefore, the order appealed from is revoked and the case remanded
to the court of origin for further proceedings. No costs.

aras, C.J., Bengzon, Padilla, Montemayor, Reyes, A., Jugo, Bautista

ngelo, Labrador, Concepcion, Reyes, J.B.L., and  Endencia, JJ., concur.

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