Bureau of Printing vs. Bureau of Printing Employees Association
BUREAU OF PRINTING, SERAFIN SALVADOR and MARIANO LEDESMA, petitioners,
THE BUREAU OF PRINTING EMPLOYEES ASSOCIATION (NLU), PACIFICO ADVINCULA, ROBERTO MENDOZA, PONCIANO ARGANDA and TEODULO TOLERAN, respondents.
1 SCRA 340
January 28, 1961
Bureau of Printing Employees Association filed a case against herein petitioners Bureau of Printing, Serafin Salvador, and Mariano Ledesma. The complaint alleged that Salvador and Ledesma have been engaging in unfair labor practices by interfering with, or coercing the employees of the Bureau of Printing, particularly the members of the complaining association, in the exercise of their right to self organization, and by discriminating in regard to hiring and tenure of their employment in order to discourage them from pursuing their union activities. Answering the complaint, Salvador and Ledesma denied the charges, and contended that the Bureau of Printing has no juridical personality to sue and be sued.
Can the Bureau of Printing be sued?
NO. As a government office, without any juridical capacity, it cannot be sued.
The Bureau of Printing is an instrumentality of the government; it operates under the direct supervision of the Executive Secretary. It is designed to meet the printing needs of the government. It is primarily a service bureau. It is obviously not engaged in business or occupation for pecuniary profit. It has no corporate existence. Its appropriations are provided for in the budget. It is not subject to the jurisdiction of the Court of Industrial Relations.
Any suit, action or proceeding against the Bureau of Printing would actually be a suit, action or proceeding against the government itself. The government cannot be sued without its consent, much less over its objection.
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