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    Rayo v. CFI of Bulacan GR No. L-55273-83 December 19, 1981: Raoul A. Villegas

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    livid
    This case involves a lawsuit filed against the National Power Corporation (NPC) and one of its employees for damages caused during Typhoon Gading in 1978. The petitioners filed lawsuits in a lower court seeking damages for over 100 deaths and property damage worth millions after NPC opened floodgates at Angat Dam. The lower court dismissed the cases against NPC, finding it was performing a government function and could not be sued without consent. The petitioners appealed to the Supreme Court. The Supreme Court granted the petition, finding that NPC's charter allows it to sue and be sued without limitation. As a government-owned corporation, NPC has its own legal personality and can be held liable for civil damages.

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    Rayo v. CFI of Bulacan GR No. L-55273-83 December 19, 1981: Raoul A. Villegas

    Uploaded by

    livid
    25 views1 page
    This case involves a lawsuit filed against the National Power Corporation (NPC) and one of its employees for damages caused during Typhoon Gading in 1978. The petitioners filed lawsuits in a lower court seeking damages for over 100 deaths and property damage worth millions after NPC opened floodgates at Angat Dam. The lower court dismissed the cases against NPC, finding it was performing a government function and could not be sued without consent. The petitioners appealed to the Supreme Court. The Supreme Court granted the petition, finding that NPC's charter allows it to sue and be sued without limitation. As a government-owned corporation, NPC has its own legal personality and can be held liable for civil damages.

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    This case involves a lawsuit filed against the National Power Corporation (NPC) and one of its employees for damages caused during Typhoon Gading in 1978. The petitioners filed lawsuits in a lower court seeking damages for over 100 deaths and property damage worth millions after NPC opened floodgates at Angat Dam. The lower court dismissed the cases against NPC, finding it was performing a government function and could not be sued without consent. The petitioners appealed to the Supreme Court. The Supreme Court granted the petition, finding that NPC's charter allows it to sue and be sued without limitation. As a government-owned corporation, NPC has its own legal personality and can be held liable for civil damages.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    25 views1 page

    Rayo v. CFI of Bulacan GR No. L-55273-83 December 19, 1981: Raoul A. Villegas

    Uploaded by

    livid
    This case involves a lawsuit filed against the National Power Corporation (NPC) and one of its employees for damages caused during Typhoon Gading in 1978. The petitioners filed lawsuits in a lower court seeking damages for over 100 deaths and property damage worth millions after NPC opened floodgates at Angat Dam. The lower court dismissed the cases against NPC, finding it was performing a government function and could not be sued without consent. The petitioners appealed to the Supreme Court. The Supreme Court granted the petition, finding that NPC's charter allows it to sue and be sued without limitation. As a government-owned corporation, NPC has its own legal personality and can be held liable for civil damages.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Rayo v.

    CFI of
    Bulacan

    GR No. L-55273-83

    December 19, 1981

    Raoul A. Villegas

    The justiciable questions in this case are as follows: a) Does the National Power
    Corporation perform a government function when it operates and manages Angat Dam?;
    and b) Does the power of the National Power Corporation to sue and be sued under its
    organic charter include the power to be sued for civil damages?
    The following are the facts of the case. In 1978, during the typhoon Gading, NPC Plant Superintendent
    Benjamin Chavez opened all three floodgates of Angat Dam. Norzagaray, Bulacan was hit by a huge flood.
    More than 100 people died. The estimated property damage reached into the millions of pesos.
    The petitioners filed eleven complaints for damages with the Court of First Instance of Bulacan, against
    the National Power Corporation and Benjamin Chavez.
    The NPC filed a separate defense against each complaint. It claimed that it was exercising a pure
    government function and could not be sued without the consent of the State. In the preliminary hearing,
    the petitioners countered that the NPC was only exercising a proprietary function. Further, petitioners
    pointed out that under the Section 3 (d) of R.A. 6395 (An Act Revising the Charter of the National Power
    Corporation), the NPC can be sued in court.
    The CFI dismissed all of the complaints against the NPC and left Benjamin Chavez as the sole defendant.
    The petitioners filed a motion for reconsideration the court also denied this. The petitioners filed a
    petition for review on certiorari with the Supreme Court based on R.A. 5440 (An Act Amending Sections 9
    and 17 of the Judiciary Act of 1948).
    The CFI based its order of dismissal on the assertion that the NPC performs a pure governmental
    function. Suing the NPC for damages would require the consent of the State.
    The Supreme Court requested the respondents to comment. The Solicitor General failed to meet any of
    the deadlines named by the Court. Also, the Solicitor General requested for extensions on numerous
    occasions. He did not meet any of his extended deadlines.
    The Supreme Court granted the petition of Rayo and his co-petitioners. The Court substantiated its ruling
    by pointing out that even in its charter under R.A. 6395, NPC has the power to sue and be sued, without
    any qualification. Further, the Court also cited that under the same law, the NPC was organized as a
    government owned and controlled corporation, with its own distinct personality, with capital paid into it
    by the government.
    Finally, the Court also held that since the NPC could sue and be sued without qualification, it could be
    sued for civil damages.

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