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    Nadeco V Tobias

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    Rich Reyes
    Plaintiff NADECO seeks to recover over P6,000 from Defendant Tobias for an action that occurred over 10 years ago. However, Defendant filed a motion to dismiss, arguing the case has prescribed since more than 10 years have passed. Plaintiff claims it is not subject to statute of limitations because it is an instrumentality of the government. The issue is whether Plaintiff is covered by statute of limitations. The court held that Plaintiff NADECO is an agency of the government that exercises corporate and business functions, not sovereign powers, so it is subject to statute of limitations.

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    Nadeco V Tobias

    Uploaded by

    Rich Reyes
    7 views1 page
    Plaintiff NADECO seeks to recover over P6,000 from Defendant Tobias for an action that occurred over 10 years ago. However, Defendant filed a motion to dismiss, arguing the case has prescribed since more than 10 years have passed. Plaintiff claims it is not subject to statute of limitations because it is an instrumentality of the government. The issue is whether Plaintiff is covered by statute of limitations. The court held that Plaintiff NADECO is an agency of the government that exercises corporate and business functions, not sovereign powers, so it is subject to statute of limitations.

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    Original Title

    Nadeco v Tobias

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    Plaintiff NADECO seeks to recover over P6,000 from Defendant Tobias for an action that occurred over 10 years ago. However, Defendant filed a motion to dismiss, arguing the case has prescribed since more than 10 years have passed. Plaintiff claims it is not subject to statute of limitations because it is an instrumentality of the government. The issue is whether Plaintiff is covered by statute of limitations. The court held that Plaintiff NADECO is an agency of the government that exercises corporate and business functions, not sovereign powers, so it is subject to statute of limitations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    7 views1 page

    Nadeco V Tobias

    Uploaded by

    Rich Reyes
    Plaintiff NADECO seeks to recover over P6,000 from Defendant Tobias for an action that occurred over 10 years ago. However, Defendant filed a motion to dismiss, arguing the case has prescribed since more than 10 years have passed. Plaintiff claims it is not subject to statute of limitations because it is an instrumentality of the government. The issue is whether Plaintiff is covered by statute of limitations. The court held that Plaintiff NADECO is an agency of the government that exercises corporate and business functions, not sovereign powers, so it is subject to statute of limitations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Facts

    Plaintiff NADECO, through agent of PNB, seeks to recover P6,905,


    plus interest and attorney’s fees, against Defendant Tobias, but a
    motion to dismiss was filed due to the action upon which the
    complaint is based has prescribed long ago, more than ten (10) years
    has elapsed, but the plaintiff find it erroneous since they are not
    covered by statute of limitations because the same is an
    instrumentality of the government.

    Issue

    Whether or not the plaintiff is covered by statute of limitation

    Held

    No. Plaintiff Nadeco does not exercise sovereign powers, rather, an


    agency of the government that exercises purely corporate,
    proprietary or business functions.

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