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American Insurance Company vs. Macondray & Co., Inc., Et Al.

THE AMERICAN INSURANCE COMPANY, plaintiff-appellant, vs. MACONDRAY & CO., INC. REPUBLIC OF THE PHILIPPINES and BUREAU OF CUSTOMS, defendants. REPUBLIC OF THE PHILIPPINES and BUREAU OF CUSTOMS, defendants-appellees.

G.R. No. L-24031 | 1967-08-19

D E C I S I O N 


ANGELES, J.: 

On appeal from an order of the Court of First Instance of Manila, dismissing the complaint in Civil Case No. 57118 of said court as against the Republic of the Philippines and the Bureau of Customs. 

On May 21, 1964, the American Insurance Company filed a complaint against Macondray & Co., Inc. and the Bureau of Customs, as alternative defendants, for the recovery of a sum of money. In its answer, the Bureau of Customs prayed for the dismissal of the case, one of its defense being that "it is not a juridical entity endowed with capacity to sue or be sued, in any case, it cannot be sued without...