Scribd Logo
Upload

Welcome to Scribd!

  • 65 views

    Bureau of Printing Vs BOPEA Digest

    Uploaded by

    Norman Caronan
    The Bureau of Printing (BOP) was sued by the Bureau of Printing Employees Association (BPEA) for alleged unfair labor practices. The BOP denied the charges and claimed the court lacked jurisdiction since the BOP performs governmental functions rather than commercial activities. The trial court ruled it had jurisdiction, finding the BOP's functions were "exclusively proprietary" as it accepts outside jobs and pays overtime. The Supreme Court granted the BOP's petition, finding as an office of the government, the BOP cannot be sued. Though it accepts outside jobs and pays overtime, this does not make its functions commercial. Any suit against the BOP would actually be against the government, which cannot be sued without its consent. The

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Bureau of Printing Vs BOPEA Digest

    Uploaded by

    Norman Caronan
    65 views1 page
    The Bureau of Printing (BOP) was sued by the Bureau of Printing Employees Association (BPEA) for alleged unfair labor practices. The BOP denied the charges and claimed the court lacked jurisdiction since the BOP performs governmental functions rather than commercial activities. The trial court ruled it had jurisdiction, finding the BOP's functions were "exclusively proprietary" as it accepts outside jobs and pays overtime. The Supreme Court granted the BOP's petition, finding as an office of the government, the BOP cannot be sued. Though it accepts outside jobs and pays overtime, this does not make its functions commercial. Any suit against the BOP would actually be against the government, which cannot be sued without its consent. The

    Original Description:

    crim

    Original Title

    Bureau of Printing vs BOPEA Digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Bureau of Printing (BOP) was sued by the Bureau of Printing Employees Association (BPEA) for alleged unfair labor practices. The BOP denied the charges and claimed the court lacked jurisdiction since the BOP performs governmental functions rather than commercial activities. The trial court ruled it had jurisdiction, finding the BOP's functions were "exclusively proprietary" as it accepts outside jobs and pays overtime. The Supreme Court granted the BOP's petition, finding as an office of the government, the BOP cannot be sued. Though it accepts outside jobs and pays overtime, this does not make its functions commercial. Any suit against the BOP would actually be against the government, which cannot be sued without its consent. The

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    65 views1 page

    Bureau of Printing Vs BOPEA Digest

    Uploaded by

    Norman Caronan
    The Bureau of Printing (BOP) was sued by the Bureau of Printing Employees Association (BPEA) for alleged unfair labor practices. The BOP denied the charges and claimed the court lacked jurisdiction since the BOP performs governmental functions rather than commercial activities. The trial court ruled it had jurisdiction, finding the BOP's functions were "exclusively proprietary" as it accepts outside jobs and pays overtime. The Supreme Court granted the BOP's petition, finding as an office of the government, the BOP cannot be sued. Though it accepts outside jobs and pays overtime, this does not make its functions commercial. Any suit against the BOP would actually be against the government, which cannot be sued without its consent. The

    Copyright:

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

    Bureau of Printing vs BOPEA Digest

    Facts: BPEA (respondents) filed a complaint by an acting prosecutor of the Industrial Court against petitioners BOP
    (secretary of Department of General Services and Director of BOP). The complaint alleged that both the secretary of DOG
    and the director of BOP have been engaging in unfair labor practices. Answering the complaint, the petitioners (BOP),
    denied the charges of unfair l abor practices attributed to them and alleged that the BPEA complainants were suspended
    pending result of administrative investigation against them for breach of Civil Service rules and regulations; that the BOP is
    not an industrial concern engaged for the purpose of gain but of the republic performing governmental functions. For relief,
    they prayed that the case be dismissed for lack of jurisdiction. But later on January 27, 1959, the trial judge of Industrial
    Court sustained the jurisdiction of the court on the theory that the functions of the BOP are “exclusively proprietary in
    nature,” since they receives outside jobs and that many of its employees are paid for overtime work on regular working
    days and holidays, therefore consequently denied the prayed for dismissal, which brought the petitioners (BOP) to present
    petition for certiorari and prohibition.

    Issue: Whether or not the BOP can be sued.

    Held: As an office of the Government, without any corporate or juridical personality, the BOP cannot be sued (Sec.1, Rule
    33, Rules of court).
    It is true that BOP receives outside jobs and that many of its employees are paid for overtime work on regular working
    days and holidays, but these facts do not justify the conclusion that its functions are “exclusively proprietary in nature”.
    Overtime work in the BOP is done only when the interest of the service so requires. 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.
    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 jurisdiction.
    Disposition: The petition for a writ of prohibition is granted. The orders complained of are set aside and the complaint for
    unfair labor practice against the petitioners is dismissed, with costs against respondents other than the respondent court.

    You might also like