GOCC – a stock or non-stock corporation, vested with functions relating to the publicneeds whether governmental or proprietary in nature, and owned by the governmentdirectly or through its instrumentalities either wholly, or where applicable (for stock corps.), to the extent of at least 51% of its capital stock.(MIAA as a government instrumentality) Instrumentality – defined as any agency of the National Government, not integrated within the department framework, vestedwith special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usuallythrough a charter.
Ramiscal vs. Sandiganbayan
AFP-RSBS – a GOCC and its funds are in the nature of public funds. Sandiganbayanhas jurisdiction over offenses committed by presidents, directors, trustees or managersof GOCCs. What charges to file, and who are to be charged are matters addressed tothe discretion of the Ombudsman.
Alzaga vs. Sandiganbayan
The character and operations of the AFP-RSBS are imbued with public interest thusthe same is a government entity and its funds are in the nature of public funds.(similar to the GSIS)
PSPCA vs. COA
GOCCs are subject to the control or supervision of the State (unlike PSPCA). A juridical entity impressed with public interest does not make the entity a publiccorporation. The true criterion to determine whether a corporation is public or privateis found in the totality of the relation of the corporation to the State. If it is created bythe State as its own agency or instrumentality to help in carrying out its governmentalfunctions, then that corporation is considered public; otherwise, it is private.
Serana vs. Sandiganbayan
A UP Student Regent is a public officer. It is not a natural right. It exists, when itexists at all only because and by virtue of some law expressly or impliedly creating or conferring it. Compensation is not an essential element of public office. It is merelyincidental to the public office. Delegation of sovereign functions is essential in publicoffice. An investment on an individual of some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public makes one a public officer. The administration of UP is a sovereign function of the State. (Art.XIV)
De Jure and De Facto GovernmentCo Kim Cham vs. Valdez Tan Keh
Kinds of de facto government: 1) government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government andmaintains itself against the will of the latter (like England under the Commonwealth);2) established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramountforce (like Castine in Maine and Tampico, Mexico); 3) established as an independentgovernment by the inhabitants of a country who rise in insurrection against the parentState (like the Southern Confederacy).Distinguishing characteristics of the 2
kind of de facto government: 1) its existenceis maintained by active military power within the territories and against the rightfulauthority of an established and lawful government; 2) while it exists it mustnecessarily be obeyed in civil matters by private citizens who, by acts of obediencerendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government.
Letter of Associate justice Puno
Revolution – the complete overthrow of the established government in any country or state by those who were previously subject to it.; sudden, radical and fundamentalchange in the government or political system, usually effected with violence or atleast some acts of violence; occurs whenever the legal order of a community isnullified and replaced by a new order… away not prescribed by the first order itself.The Aquino government was revolutionary government due to the fact that it wasestablished in defiance of the existing legal processes. It was a revamp of theJudiciary and the Military signaled the point when the legal system then in effect, hadceased to be obeyed by the Filipino. (De Facto Government).
People vs. Gozo
The Philippines has authority over its entire domain. There is no portion of it that is beyond its power. Within its limits, its decrees are supreme, its commands paramount.Its laws govern therein and apply to all. The extent of its jurisdiction is both territorialand personal. A State may allow another to participate in the exercise of jurisdictionalright over certain portions of its territory (auto-limitation) but these areas do not retain