Bureau of Printing v. Bureau of Printing Employees Association
(NLU)
G.R. No. L-15751
January 28, 1961
Gutierrez David,
J.
Facts:
The
action in question was — upon complaint of the respondents Bureau of Printing Employees
Association (NLU) Pacifico Advincula, Roberto Mendoza, Ponciano Arganda and Teodulo
Toleran — filed by an acting prosecutor of the Industrial Court against herein petitioner
Bureau of Printing, Serafin Salvador, the Acting Secretary of the Department of
General Services, and Mariano Ledesma the Director of the Bureau of Printing. The
complaint alleged that Serafin Salvador and Mariano 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 petition, in
the exercise of their right to self-organization an discriminating in regard to
hire and tenure of their employment in order to discourage them from pursuing the
union activities.
Issue:
whether
the action against the BOP is a suit against the State without its consent
Held:
Yes.
The Bureau of Printing is an office of the Government created by the Administrative
Code of 1916 (Act No. 2657). As such instrumentality of the Government, it operates
under the direct supervision of the Executive Secretary, Office of the President,
and is “charged with the execution of all printing and binding, including work incidental
to those processes, required by the National Government and such other work of the
same character as said Bureau may, by law or by order of the (Secretary of Finance)
Executive Secretary, be authorized to undertake . . ..” (See. 1644, Rev. Adm. Code).
It has no corporate existence, and its appropriations are provided for in the General
Appropriations Act. Designed to meet the printing needs of the Government, it is
primarily a service bureau and obviously, not engaged in business or occupation
for pecuniary profit.
It is true, as
stated in the order complained of, that the Bureau of Printing receives outside
jobs and that many of its employees are paid for overtime work on regular working
days and on holidays, but these facts do not justify the conclusion that its functions
are “exclusively proprietary in nature.” Overtime work in the Bureau of Printing
is done only when the interest of the service so requires (sec. 566, Rev. Adm. Code).
As a matter of administrative policy, the overtime compensation may be paid, but
such payment is discretionary with the head of the Bureau depending upon its current
appropriations, so that it cannot be the basis for holding that the functions of
said Bureau are wholly proprietary in character. Anent the additional work it executes
for private persons, we find that such work is done upon request, as distinguished
from those solicited, and only “as the requirements of Government work will permit”
(sec. 1654, Rev. Adm. Code), and “upon terms fixed by the Director of Printing,
with the approval of the Department Head” (sec. 1655, id.). As shown by the uncontradicted
evidence of the petitioners, most of these works consist of orders for greeting
cards during Christmas from government officials, and for printing of checks of
private banking institutions. On those greeting cards, the Government seal, of which
only the Bureau of Printing is authorized to use, is embossed, and on the bank cheeks,
only the Bureau of Printing can print the reproduction of the official documentary
stamps appearing thereon. The volume of private jobs done, in comparison with government
jobs, is only one-half of 1 per cent, and in computing the costs for work done for
private parties, the Bureau does not include profit because it is not allowed to
make any. Clearly, while the Bureau of Printing is allowed to undertake private
printing jobs, it cannot be pretended that it is thereby an industrial or business
concern. The additional work it executes for private parties is merely incidental
to its function, and although such work may be deemed proprietary in character,
there is no showing that the employees performing said proprietary function are
separate and distinct from those employed in its general governmental functions.
Indeed, as an office of the Government, without any corporate or juridical
personality, the Bureau of Printing cannot be sued. (Sec. 1, Rule 3, Rules of Court).
Any suit, action or proceeding against it, if it were to produce any effect, would
actually be a suit, action or proceeding against the Government itself, and the
rule is settled that the Government cannot be sued without its consent, much less
over its objection.
