PUBLIC CORPORATIONS

SAN BEDA COLLEGE 1. What do you mean by a corporation?

COLLEGE OF LAW 2. What are the different attributes of a

MENDIOLA, MANILA corporation?

3. What do you mean by an artificial being or

person?

4. Can you sue a corporation?

5. What is the opposite of an artificial being?

PUBLIC
6. Corporation exists only because there is a law
allowing it to exist. Without that law, then it has
no existence. Can you pinpoint a particular

CORPORATIONS,
artificial being?

7. What do rights of succession mean?

ELECTION LAW 8. Can a corporation exist for life?

- Has a specific time frame of 50 years, but it
is renewable.

and 9. Different classifications of a corporation.

Differentiate one from the other.

ADMINISTRATIV
Give an example for each.
- PAGCOR, GSIS, SBMA, SSS

E LAW
10. GSIS, is it a public, private, quasi or GOCC?
What about the City Government of Manila?
Are the two similar?

11. What do you mean by municipal corporations?

AY 2016 – 2017 Examples of Municipal Corporations
- Public Corporations

12. Under the Constitution, Article X; What are the

local government units of the Philippines?
- City, Municipality, Province, Baranggay

13. How about the MMDA?

14. Is the MMDA a Municipal Corporation?

Made by JPEDLP - Quasi-public Corporation

USE WITH CAUTION! 15. What is the nature of a quasi-public corporation?

- Species of private corporation serving public
needs
 PUBCORP, ELEC and ADMIN LAW – Atty. RAP Notes
15. Do you mean the MMDA is a private corporation
doing public service? Yes or no?
16. Are public corporations and municipal
corporations the same? Or do they have a
difference?
17. Is it not also true that with respect to municipal
corporations there are special laws or acts that
create them?
18. Give an example of a public corporation which is
not a municipal corporation?
How about Maynilad? Meralco? SSS?
19. Isn’t it that the MMDA is composed of cities and
municipalities in Manila? Is it not an LGU?
- Not because it is a municipal corporation,
cities are no longer included. But for easier
identification, we refer to it as an LGU.
20. MMDA, LGU or not?
- Not an LGU nor a public corporation. There
are specific requisites for an organization to
be an LGU under the Constitution.
21. What are those requisites?
22. What are the local governments according to
Article X of the Constitution?
23. Can the MMDA fall under any of these
examples? Yes or No? Why?
24. How about autonomous regions? Are they also
LGUs?
25. What do you mean by autonomous region?
- Possesses their own to govern themselves,
without encroaching upon the national
government’s authority.
26. MMDA, LGU or not?
- Not an LGU, because it refers to agencies of
the government that exercises political
function.
27. How about autonomous regions, are they LGUs?
How many autonomous regions do we have?
What about the CAR?
- So, a province cannot be a region. In that
case, only the Ifugao province agreed to be
part of the CAR.
28. With respect to the MMDA
- Only a coordinating body, MMDA v. Veron.
- MMDA devoid of police power.
29. What could be the tests which could be used in
determining whether a corporation is public or
private?
Illustrate.
So, if it is devoid of that delegated power, it’s not
a public corporation?
What other tests? How about the manner of
creation? Is it somehow indicative of the kind of
corporation?
30. Liban v. Gordon
Facts
Issue
First Ruling
Second Ruling
Why was the first ruling overturned?
31. Do you agree? Regarding the purpose of the
reversal of the decision of the SC?
32. What is the function of the Red Cross?
What do you think categorizes such?
- PNRC is supposed to be neutral. Its primary
purpose is to aid humanity.
33. Necessary legal implication of declaring PNRC
as a public corporation
- Based on this case, the charter test is not a
conclusive test.
34. Philippine Society for Prevention of Cruelty to
Animals v. COA Facts
Issue of the Case
How did the court arrive at that conclusion?
Was the entity created by law? Was there a
charter passed?
35. What are the indications that an entity is a
GOCC?
36. If the entity is created by law, why can it not be
considered as a public corporation?
JPEDLP
 PUBCORP, ELEC and ADMIN LAW – Atty. RAP Notes
- Even if the entity was a created by a charter
or by law, it can still be considered as a public
or private corporation.
37. Can there still be private corporations created by
Congress under the present Constitution? Is it
legally permissible now?
38. Can Congress create private corporations?
- No, because a private corporation would have
to be enacted under the Corporation Code.
39. If the charter test is not a conclusive test, what is
the test that is accepted by the SC as a reliable
test?
- Totality test.
40. What does the totality test entail?
41. What was the test used in the Cruelty to Animals
case?
42. Entity’s relationship to the State
- Purpose Test
What do you mean by the Purpose Test?
43. Of the three tests, which is the most credible test?
What’s your basis in saying so?
44. Province of North Cotabato v. The Government
of the Philippines Peace Panel
The MOA-AD was declared unconstitutional,
because?
- Term used: Associative State
- Associate means co-equals.
BJE cannot be treated as an associate of the
GRP?
45. Can a State exist within a State?
In relation to PubCorp, was the BJE considered
as such?
46. Will your answer still be the same if we are a
Federal State?
47. Is the creation of the USA a contravention of the
principle of International Law?
So, for International Law and diplomatic
purposes, there is but one state?
If the Philippines becomes a Federal State, will
the BJE prosper?
48. What do you mean by Federalism?
What’s the opposite of Federalism?
If it is a republic state, it cannot be federalist?
What is the opposite of a parliamentary?
49. Any comment on the proposal of PRRD to the
shift from unitary government into a federal
state.
50. Will his federalism dreams come true?
51. What do you mean by local autonomy, in itself?
52. What do you mean by autonomy?
53. Basco v. PAGCOR
54. What is conferred by Congress?
55. What do you mean by local autonomy?
56. Local autonomy is just granted by the National
Government to the LGUs? Why would the
National Government delegate powers to the
LGU given that it diminishes the power of the
National Government?
- It’s the Constitution that guarantees
autonomy to the LGUs.
- Sec. 4, Art. X – National Government only
has supervision
57. LGUs are beyond the control of any government
entity or body? Congress.
58. Limbona v. Mangelin
ISSUE: WON the SC could review the legality of
the challenged act of the Autonomous Region
59. Can the court review the decision of the
Autonomous Region?
60. Type of LGU in Limbona v. Mangelin
61. 2 types of decentralization
- Decentralization of administration
- Decentralization of power
62. What was the type of decentralization exercised
by the LGU?
JPEDLP
 PUBCORP, ELEC and ADMIN LAW – Atty. RAP Notes
63. Basco v. PAGCOR
What are the facts?
LGU of Manila has taxing power
- Clash between 2 entities
64. Inherent Powers of the State
- Eminent Domain, Taxation and Police
Power
- Are those three powers conferred by the
Constitution?
- What do you mean by inherent?
- Inherent means implied? INNATE.
65. Is taxing power inherent to the LGUs?
- Art. X, Sec. 5 – Each LGU shall generate its
own taxes to create its revenue
66. The 2 other powers, are they also inherent in the
LGUs?
67. Can a power be both inherent and delegated?
68. Powers of LGU are somehow akin to the Powers
of the State?
69. What’s your basis? What created an LGU?
70. So, if an LGU is created by the Congress? Why
can’t the Congress be the granting authority of
those powers?
71. Basco v. PAGCOR: Relationship between
Congress and LGU is of Creator and creature?
- Why can’t Congress be also the source of the
powers of the LGUs?
72. Do you mean that even without conferment of the
Congress, police power can be exercised under
the LGUs?
- Police power is inherent with the LGUs.
However, it is subject to limitations by the
Congress.
Taxing power is inherent?
- No, conferred by the Constitution. Sec 5, Art.
X. of the Constitution.
- One of the guarantees of local autonomy is
the constitutional conferment of the taxing
powers of the LGUs.
- LGUs have taxing power because of the
Constitution. Congress cannot take away this
act.
How about Eminent Domain?
- Inherent. Almost all powers of the State also
exist in the LGUs?
73. Lina v. Pano
74. If in Basco, SC characterized relationship of
Congress and LGU as creator and creature. How
did it characterize it in this case?
- Principal agent relationship. Agent has
leeway to do acts but always within the
authority granted by the principal.
75. Batangas CATV, Inc. v. Court of Appeals
- This is a case of an LGU not wanting to undo,
but in fact, wanting to perform a function
already being performed by the National
Government?
76. Can an LGU do that?
77. Noynoy Aquino and Robredo v. COMELEC
78. District Representation
- Party list and District Representative
79. For a province to have one legislative district,
what is the population number required by law?
80. What if a province has a population less than
250,000 in number, may it still have a legislative
district?
- Sema v. COMELEC
81. Requisites for the valid creation of an LGU
- In accordance with the LGU
- Plebiscite requirement
- Special laws enacted by Congress in relation
to the LGC
82. Compliance not only with the LGC but also the
Constitution
JPEDLP
 PUBCORP, ELEC and ADMIN LAW – Atty. RAP Notes
83. Aquino v. COMELEC Facts
- Co-petitioner Jessie Robredo
- Opposed the proposed creation of the
additional district for Camarines Sur
- Petitioners contend that the proposed
additional district does not comply with the
population and territorial requirements as
provided by law.
84. What is required before a particular legislative
district may be formed?
- 250,000 population
85. Was Aquino correct in his argument? Which
Constitutional provision did he base it on?
- Art. VI, Sec. 5, par. 3
- Each city with a population of at least
250,000, or each province, shall have at least
one representative.
86. Aquino v. COMELEC Ruling
- In order for an additional district to be added
to an existing one, the law does not require
that there be an additional 250,000.
87. In all instances, or only in provinces?
- Population is attached to both.
- Attached only to one of them; either city or
province.
- Aquino believed that it was for both city and
province.
- Only applies to cities – for provinces, it
doesn’t apply. Each province is entitled to
one representative in the Congress.
88. League of Cities v. COMELEC Facts
89. Abundo v. COMELEC
- Mayor in Virac, Catanduanes already in his
third term
- Prohibition on the term limit of local
officials; only for 3 terms
90. What is the term of an LGU elected official?
91. Can he vie for successive terms? How many?
92. Term of office of a Senator
93. Can he vie for re-election?
94. Term of office of the President
- 6 years, without re-election
95. Term of office of a Vice President
96. Term of office of a Congressman
97. Term of Office of a Mayor and subject to a term
limit
98. Basic facts of the Abundo v. COMELEC case
99. Issue
- Interruption in his service
100. League of Cities v. COMELEC Issue
- Whether or not RA 9009 should be
constitutional
101. Are you sure that the 16 cities approved
reached the higher income requirement?
102. Generally, under the law then prevailing,
what is the income requirement?
103. Which is higher? Component cities or highly
urbanized cities?
104. What’s the cause of the problem in the case?
- Under Sema, one of the requirements is that
it should comply with the provisions of the
LGC.
- Under the LGC, there are many qualifications
as to how they may be classified.
105. Under the LGC, what is the income
requirement for cities?
- What happened to the 16 LGUs wanting to
become cities in the case?
106. RA 9009 amended the LGC? What happened
next?
- The 16 applicants would not be able to
qualify.
JPEDLP
 PUBCORP, ELEC and ADMIN LAW – Atty. RAP Notes
107. Did these 16 cities become such by virtue of
a Supreme Court decision not by legislation?
108. Your understanding of the League of Cities
case
109. What’s the situation of these 16 LGUs that
you’ve mentioned?
- Only complied with the 20 million
requirement
110. Did they become cities by virtue of laws or
charters?
111. Who filed / What entity filed the case before
the Court
- League of Cities – cities that complied with
the 100 million requirement
112. 2 Issues of the case
113. Ruling
- 1st ruling: Unconstitutional
- The 100 million requirement is not founded
on the Constitution. The LGC only provides
for the 20 million requirement.
- When the issue is on the constitutionality,
what is required is the letter of the law. It’s a
policy question not a legal question.
- Equal Protection clause: Those similarly
situated should be treated alike
114. Ultimate Ruling
How many times did the SC issue a ruling on
this case?
- Constitutional: Prior to enactment of RA
9009; some of the cities are already in
compliance with the 20 million requirement.
- RA 9009 be applied retroactively; it will
affect the cities that have already complied
with the requirements
115. Should the requirements for the creation of an
LGU be contained in the LGC or other laws?
- Immaterial where it may be found, for as long
as it is found in legislation.
116. Powers of LGU
117. General Welfare Clause: Police Power in the
Local Government Setting
118. What law if any, confers police power of
LGUs? What particular provision?
119. Why General Welfare Clause?
120. Binay v. Domingo Case
121. Concept of Public Use in Consti1
122. White Light Corporation v. City of Manila
- SC also applied the two tests in determining
the validity of Police Power
a. Lawful subject
b. Lawful means
- Because not all activities being done in the
Motel rooms are not illicit and immoral
- Ermita, Manila closure of businesses to
address immorality
123. Are you in effect saying that an LGU, despite
of its police power, cannot prohibit licit
businesses?
124. Customers of motels, before availing of their
services, must disclose personal information,
valid?
125. Social Justice Society v. Atienza
- White Light – complete prohibition /
banning
- In this case, the LGU of manila wanted the oil
companies to continue with their business,
but in a different place.
- Ordinance valid – purpose was to protect the
residents
126. Difference between SJS v. Atienza and White
Light Corporation v. City of Manila
127. Where lies the difference between these two
cases?
- Means employed by the LGU
128. Drilon v. Lim case
- President’s general supervision v. control
- Fiscal measure = supervision v. control
JPEDLP
 PUBCORP, ELEC and ADMIN LAW – Atty. RAP Notes
- Justice secretary power v. Finance secretary
power
129. Taxing power of LGU constitutionally
conferred; can Congress through a law provide
exemption from local taxation?
Will it not amount a withdrawal by statute of
a constitutionally conferred power
- Constitution also provides that the taxing
power must be exercised in line with the
limitations of the Congress
130. Batangas City v. Pilipinas Shell Petroleum
Corporation
131. Is the eminent domain of the State of equal
footing with the expropriation powers of the
LGUs?
What do you mean by eminent?
What’s the opposite of eminent?
132. City Government of Quezon City v. Ericta
133. What remedy does a person have if the
expropriated land was not used for its intended
purpose?
Can you demand the return of your land?
134. What is the membership of the MMDA?
- Composed of MM mayors
- Assuming MM mayors, signed an MMDA
board resolution, authorizing the opening of
private subdivision streets near EDSA to ease
traffic, is that valid?
134. MMDA v. Bel-Air
135. MMDA has no police power? Even if it is
composed of MM Mayors
- Devoid of police power
136. Lucena Grand Central Terminal v. JAC
Liner, Inc.
- Even if LGU is undoubtedly with police
power, ordinance must comply with the
requirements of a valid exercise of police
power
137. Difference of ordinance from resolution
- Between the two which is a legislative act
- Which is a local legislation
138. Authority of LGU head over Police units
- Relevant provisions of the LGC
- Operational participation
139. What do you mean by ultra vires act?
Example of an ultra vires act
140. Can a mayor be appointed to a government
position?
Assuming, Manila Mayor Erap, because of
his expertise in the local government, can he be
appointed by the President to be the DILG
Secretary?
- Concurrently. No.
- Constitutional provisions banning elective
officials from being appointed
Can he ultimately be named as DILG Secretary?
If so, what should be done?
- Erap must resign, then he can be appointed
for the LGU position.
Can a senator or congressman be appointed by
the President as DPWH Secretary? Immediately,
without need of resigning his position.
Can they hold both positions together?
141. What are the two requisites under the Abundo
case?
MIDTERM EXAM COVERAGE
- Public Corporations – even if not covered
- Election Law purposes – focus on Election law
related part of PubCorp syllabus
- Particularly term limit – Abundo and the other
related cases
- Qualifications and term of office
- Binay case, latest ruling. Take note of the date.
Abandonment of the old principle is prospective.
JPEDLP
 PUBCORP, ELEC and ADMIN LAW – Atty. RAP Notes
ELECTION LAW
1. Legal relation of biometrics
2. What’s the effect of failure to undergo
biometrics?
Is biometrics a qualification of a voter?
Is biometrics akin to registration itself - so that a
person who possesses all the qualifications and
none of the disqualifications, still cannot vote or
is it merely a condition precedent of voting?
3. What do you mean by deactivation? Is it like your
Facebook account where you can choose to
deactivate and activate whenever?
4. Requisites of deactivation
5. Aside from failure to undergo biometrics, what is
the other ground for deactivation?
6. What do you mean by exclusion? Is deactivation
a product of exclusion? Or is inclusion or
exclusion different processes?
7. Assuming you failed to vote for the 2013
National Elections and the 2016 Local Elections,
would you be excluded?
8. What if you failed to vote in a special election
and one regular election?
9. Senator De Lima is now detained, is she already
stripped of her voting rights as a citizen?
She is at the meantime detained at Camp Crame,
she is no longer a resident of Paranaque, does this
not impede her qualification to be a voter?
10. Is there changing of residency if a Paranaque
resident is now detained in Camp Crame? Does
detention have the effect of changing the
detainee’s residence?
11. Elements of residence
12. Kabataan Partylist v. COMELEC
13. Explain the concept of Inclusion and Exclusion
14. Requisites for one to avail of overseas absentee
voting? (Macalintal v. COMELEC)
15. Before its omission, it was provided for in what
listing? (Re: 3 year residence requirement)
Because the requisites were provided for by law,
may the COMELEC delete said requirements?
16. Under the present state of law, that undertaking
is no longer required? Why was it required in the
first place?
17. Assuming you are a voter, and you are interested
to know your status as a voter. So you went to the
COMELEC Office in your place to check if you
are included in the list of voters and your name is
not there. What is your remedy?
18. Why file in the MTC? Why not in the
COMELEC Office?
19. What’s the basis of your theory that the
COMELEC has no jurisdiction to determine
whether or not a person possesses the
qualifications or disqualifications of the voters?
20. Can Congress subsequently change its laws to
give the power of inclusion and exclusion of
voters to the COMELEC?
21. What happens now to the Constitutional
provision that COMELEC has the powers
regarding any election matter except the issue
regarding the qualifications to vote?
Under the Constitution, the COMELEC is
expressly stripped of the power to decide
regarding the right to vote?
22. What are the qualifications for President?
23. How about Vice-President?
24. Can a vice president vie for the Presidency?
25. Can a vice president be re-elected? No reelection
prohibition of the President also applied to the
Vice-President?
26. Is the President only allowed to run for the
presidency once?
27. Explain what happened to GMA?
JPEDLP
 PUBCORP, ELEC and ADMIN LAW – Atty. RAP Notes

28. Desierto v. COMELEC

29. How about Erap after he resigned? He was

detained and ultimately convicted by the
Sandiganbayan, but subsequently was allowed to
run? Is the re-election ban applicable to him?

30. Risos-Vidal c. COMELEC

31. Was Erap allowed to vie for the Presidency? Any

decision from the Courts or COMELEC for the
reason behind such?
Can you reconcile the Constitutional provision
together with the decision regarding Erap’s
reelection for Presidency?
If the President resigns, does it have the effect of
terminating the period of the term of office?

JPEDLP