FACTS:
For various reasons, among them the non-payment of installments, the Shipping Commission cancelled its contract of sale with Fernando Froilan, took possession of the vessel FS-197 then chartered and delivered the vessel in question to defendant-appellant Pan Oriental Shipping Company.
ISSUE(S):
Whether or not the lower court erred in dismissing the counterclaim on the ground of alleged lack of jurisdiction over the intervenor Republic of the Philippines.
HELD:
YES. By filing its complaint in intervention, the Government in effect waived its right to nonsuability.