Nadeco vs. Tobias

NADECO VS. TOBIAS 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.