Title
Rayo vs. Court of 1st Instance of Bulacan
Case
G.R. No. L-55273-83
Decision Date
Dec 19, 1981
NPC, operating Angat Dam during Typhoon Kading, caused severe flooding, leading to deaths and property damage. Victims sued; Supreme Court ruled NPC liable under its "sue and be sued" charter clause.

Case Summary (G.R. No. L-55273-83)

Relevant Facts and Procedural Background

The petitioners filed eleven separate but related complaints for damages against the NPC and its superintendent for the flood caused by the opening of the floodgates. The NPC filed separate answers to each complaint and asserted as a special affirmative defense that it could not be sued without the express consent of the State because it was performing a purely governmental function in operating the Angat Dam. On July 29, 1980, the Court of First Instance dismissed all complaints against the NPC, leaving only the superintendent as the defendant. The petitioners moved for reconsideration, which was denied on October 3, 1980, prompting the filing of the present petition for review on certiorari.

Court’s Order on the NPC’s Motion to Dismiss

The December 21, 1979 order of the trial court dismissed the cases against NPC on the ground that the corporation was performing a purely governmental function concerning the operation of the Angat Dam and, as such, could not be held liable in tort without express State consent. The petitioners opposed this motion, citing Section 3(d) of Republic Act No. 6395 (the NPC Charter), which provides that NPC may "sue and be sued in any court," but the court limited this provision to corporate or contractual matters, excluding tort claims.

Issues Presented

The Supreme Court identified two central issues:

  1. Whether the National Power Corporation performs a governmental function in managing and operating the Angat Dam; and
  2. Whether the NPC’s power to sue and be sued under its organic charter extends to liability for tortious acts, such as those alleged by the petitioners.

Legal Analysis and Ruling on Governmental versus Proprietary Function

The Court discussed that the NPC is a government-owned and controlled corporation (GOCC) with a separate legal personality distinct from the government itself. It noted that the government has injected capital into NPC and allowed it to sue and be sued. The Court declined to engage in an elaborate discussion on whether the operation of the Angat Dam is a governmental or proprietary function, emphasizing instead that the NPC’s charter unequivocally allows it to be sued in any court, with no exceptions or qualifications related to the nature of the cause of action.

Interpretation of NPC’s Power to Sue and Be Sued

The Court emphasized that Section 3(d) of Republic Act No. 6395 must be given its plain and unequivocal meaning. The specific provision states that NPC may sue and be sued "in any court," a phrase that is not limited or qualified with respect to types of actions, including tort claims. Accordingly, the NPC cannot assert immunity from suit based solely on the nature of its functions or the type of claim raised against it. The legal personality granted to NPC ensures accountability and allows private citizens, such as the petitioners, to seek redress for damages caused.

Final Resolution and Court’s Order

The Supreme Court granted the petition, setting aside the trial court’s orders dismissing the complaints and denying the motions for reconsideration. The Court ordered the reinstatement of the petitioners’ complaints against the NPC, mandating that the trial court proceed to hear the ca


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