Froilan vs Pan Oriental Shipping; G.R. No. L-6060; 30 Sep 1954; 95 Phil 905

in Legal Chyme by

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.

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.

YES. By filing its complaint in intervention, the Government in effect waived its right to nonsuability.

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