NIA vs IAC; G.R. No. 73919; 18 Sep 1992; 214 SCRA 35

in Legal Chyme by

Petitioner constructed an irrigation canal which passed through the private respondent’s landholdings. The canal has two outlets which provide said landholdings with water and at the same time drains excess water.

Whether or not NIA is immune from suit.

NO. NIA is not immune from suit. Section 2, sub-paragraph (f) of P.D. 552 grants the NIA the power to exercise all the powers of a corporation under the Corporation Law insofar as they are not inconsistent with the provisions of P.D. 552. Paragraph 5 of said law also provide that petitioner may sue and be sued in courts for all kinds of actions, whether contractual or quasi-contractual i the recovery of compensation and damages caused by the petitioner.

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