Municipality of San Fernando, La Union vs Firme; G.R. No. 52179; 08 Apr 1991; 195 SCRA 692

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A collision occurred involving a passenger jeepney driven by Bernardo Balgat, a sand and gravel truck driver driven by Jose Marandang and owned by Tanquilino Velasquez and a dump truck of the Municipality of San Fernando driven by Alfredo Bialig. Several jeepney passengers died as a result.

Whether or not the municipality may invoke State immunity as a defense.

NO. Municipal corporations are suable because their charters grant them the competence to sue and be sued. Generally, they are not liable for torts committed by them in the discharge of governmental functions and can be held answerable only if it can be shown that they were acting in a proprietary capacity.

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