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

On 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.  The Solicitor General filed an answer on behalf of the defendants denying the latter” s liability.  But before the case was tried on the merits, the 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. Reconsideration of this order having been denied, plaintiffs took this appeal to this Court, alleging that It was error to dismiss their case on the ground mentioned.

The appeal is, in cur opinion, meritorious.

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)., entrusting Its government and the administration of its affairs to a board of trustees therein created, which was to exercise for It “all the powers 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  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. 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.

Paras, C.J., Bengzon, Padilla, Montemayor, Reyes, A., Jugo, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., and Endencia, JJ., concur.