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

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.

Tags: , ,

Category: Legal Chyme

Leave a Reply

Your email address will not be published. Required fields are marked *