2)ministrant – undertaken only by way of advancing the general interest of society;optional.Land reform program – governmental function and cannot be undertaken by any privateenterprise (no capacity).
PVTA vs. CIR
Government to provide for general welfare. Government entrusted to be responsible forcoping with social and economic problems with commensurate power of control overeconomic affairs: live up to commitment of promoting general welfare through state action.
Republic vs. Judge of CFI Rizal
The rice and Corn Administration is a government agency without a distinct and separatelegal personality from that of the Republic of the Philippines.
VFP vs. Reyes
Public Office – the right, authority and duty, created and conferred by law, by which, for agiven period, either fixed by law or enduring at the pleasure of the creating power, anindividual is vested with some portion of sovereign functions of the government, to beexercised by him for the benefit of the public.Office (distinguished from employment or contract) – the creation and conferring of an officeinvolves a delegation to the individual of some of the sovereign functions of the government,for the benefit of the public; that some portion of the sovereign function of the country, eitherlegislative, executive or judicial, attaches, for the time being, to be exercised for the publicbenefit.
MIAA vs. CA
GOCC – a stock or non-stock corporation, vested with functions relating to the public needswhether governmental or proprietary in nature, and owned by the government directly orthrough its instrumentalities either wholly, or where applicable (for stock corps.), to the extentof at least 51% of its capital stock.(MIAA as a government instrumentality) Instrumentality – defined as any agency of theNational Government, not integrated within the department framework, vested with specialfunctions or jurisdiction by law, endowed with some if not all corporate powers, administeringspecial funds, and enjoying operational autonomy, usually through a charter.
Ramiscal vs. Sandiganbayan
AFP-RSBS – a GOCC and its funds are in the nature of public funds. Sandiganbayan has jurisdiction over offenses committed by presidents, directors, trustees or managers of GOCCs.What charges to file, and who are to be charged are matters addressed to the discretion of the Ombudsman.
Alzaga vs. Sandiganbayan
The character and operations of the AFP-RSBS are imbued with public interest thus the sameis 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 entityimpressed with public interest does not make the entity a public corporation. The truecriterion to determine whether a corporation is public or private is found in the totality of therelation of the corporation to the State. If it is created by the State as its own agency orinstrumentality to help in carrying out its governmental functions, then that corporation isconsidered public; otherwise, it is private.
Serana vs. Sandiganbayan