Bermoy v PNC

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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.

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