Bacani Vs Nacoco.docx

Bacani vs. NACOCO G.R. No. L-9657

100 Phil 471 November 29, 1956

FACTS Bacani and Matoto are both court stenographers (Branch VI of CFI Manila) During pendency of a civil case, the counsel for defendant requested said steno for copies of the transcript of the said steno notes taken by them during hearing. Complied with the request delivering needed transcripts containing 714 pages and thereafter submitted to him the bills for the payment of fees. NACOCO paid P564 to Bacani and P150 to Matato for the said transcript at P1.00/page. Auditor general requested plaintiff to reimburse said amount by virtue of DOJ Circular which stated that NACOCO being a GOVERNMENT ENTITY, was exempt from payment of the fees in question. P25.00/payday be deducted to the salary of Bacani and P10.00 from Matoto. Filed an action in court countering that NACOCO is not a government entity, Sec. 16, Rule of 130 of the Rules of Court. Defendants: NACOCO is a government entity, Sec. 2 of Revised Administrative Code of 1917.

ISSUE WON NACOCO’s certain function of the government make them part of the government of the Philippines?

HELD No. It was given a corporate power separate and distinct from government. It may sue and be sued the same manner as any other private corporations.