PUBCORP


ATTY. AGRA

TERMINOLOGIES

SESSION 1 :

Public office
- right, authority, duty

- created and offered by law which, for a given period,

- either fixed by law/ enduring at the pleasure of the creating power,

- an individual is invested with some sovereign function of government,

- exercised by him

- for the benefit of the public.

Administrative Agency
- any government authority, other than a court and a legislature

- That affects the state and citizens through rule-making, adjudication, and implementation

- Primarily executive but has quasi-legislative and quasi-judicial power.

An administrative agency is a general term that covers any government authority that can act as:

▪ an executive body that serves public interests, which is the reason (rationale) for its existence; it
shall not represent any private interests.

▪ a quasi-legislative body that establishes and prescribes rules and regulations to implement the
law; it shall not have absolute discretion to determine or change the law.

▪ a quasi-judicial body that conducts hearings and decides on cases; it shall not have inherent
powers of a pure judicial court, and its proceedings shall not be bound by all the rules applicable
to proceedings in court.

The administrative agencies act as a mechanism that provides expertise and organizational capability for
the three branches of government.

An administrative agency may be created by 

▪ executive order; as in EO 100, s. 1986 that created PIA.

▪ legislation; as in RA 10844 that created DICT.

▪ constitutional provision; as in Art. 9 that created CSC, COMELEC and COA.

An agency is wholly within the power of the law that created it, that prescribes its powers and functions.
It may also be abolished in the same manner it is created if such abolition is justified by the law

The administrative agencies are classified into:

▪ Agencies set up to function in situations wherein the government is offering some gratuity, grant,
or special priviledge; such as PVAO, NARRA, etc.

▪ Agencies set up to function in situations wherein the government is seeking to carry on certain
government functions; such as BIR, BI, CSC, COMELEC, BSP, etc.

▪ Agencies set up to function in situations wherein the government is performing some business
service for the public; such as PHILPOST, PNR, MWSS, CAAP, CAB, etc.

▪ Agencies set up to function in situations wherein the government is seeking to regulate industry,
business, or private individuals; such as FDA, PhilFIDA, SEC, MTRCB, PRC, IPOPHL, etc.

▪ Agencies set up to function in situations wherein the government is seeking to adjust individual
controversies because of some strong social policy involved; such as BALA, BLR, BWSC, ECC,
PCW, etc

Government Agency - any of the various units of central government of the Republic of the Philippines
including a (DBOIL)

- Department

- Bureau

- Office

- Instrumentality/ Government Owned and Controlled Corporations

- law/distinct unit therein

Government Owned and Controlled Corporations

- vested with a legal personality separate and distinct from those acting for and its behalf and in general
from the people comprising it (MIAA v CA)

Created by special charter (requisites)

- must be established for common good

- Must meet the test of economic viability

Attributes that make an entity a GOCC

- stock (51% shareholder is government)

- Non-stock (its members are appointed by designation or majority are public officers)

- Government ownership over it

- Vested with functions relating to public needs

- that are owned by the government directly/through any of its instrumentalities

Examples
- Government Financial Institutions
- Water districts
- Government-acquired Asset corporation
- GOCCs incorporated under the Corporation Code
- Subsidiaries of GOCC

Government Instrumentality
- neither stock nor non-stock corporation

- That by reason of some “special function” or “jurisdiction”

- They perform/exercise or allowed operational autonomy

- And are not integrated within the department framework

Examples
-BSP

- Philippine Rice Research Institute

- Laguna Lake Development Authority

- BCDA

- Philippine Ports Authority

- Other port authorities : CDO Port Authority, San Fernando Port Authority, Cebu Port Authority

- Philippine National Railways

Local Government Units

- territorial and political subdivisions (Sec 1, Art X, 1987 Constitution)

- It is a public office a public corporation and is classified as a municipal corporation proper.

- Established for the government of a portion of a state

(SEE REVIEWER)

Quasi-corporation
- created by the state,

- Either by law or by authority of law

- For a specific governmental purpose

- GOCCs and Government Instrumentalities (GIs)

Quasi-public corporation
A quasi-public corporation is a species of private corporations, but the qualifying factor is the type of
service the former renders to the public: if it performs a public service, then it becomes a quasi-public
corporation. (Phil. Society for the Prevention of Cruelty to Animals v CA)

• It is not subject to control or supervision by any agency of the State, unlike government-owned and -
controlled corporations. No government representative sits on the board of trustees of the petitioner.
Like all private corporations, the successors of its members are determined voluntarily and solely by
the petitioner in accordance with its by-laws, and may exercise those powers generally accorded to
private corporations, such as the powers to hold property, to sue and be sued, to use a common seal,
and so forth.

• It may adopt by-laws for its internal operations: the petitioner shall be managed or operated by its
officers in accordance with its by-laws in force. The fact that a certain juridical entity is impressed with
public interest does not, by that circumstance alone, make the entity a public corporation, inasmuch
as a corporation may be private although its charter contains provisions of a public character,
incorporated solely for the public good.

• This class of corporations may be considered quasi-public corporations, which are private
corporations that render public service, supply public wants, or pursue other eleemosynary objectives.
While purposely organized for the gain or benefit of its members, they are required by law to discharge
functions for the public benefit.

• Examples of these corporations are utility, railroad, warehouse, telegraph, telephone, water supply
corporations and transportation companies.

Quasi-Municipal corporation
- public corporations created by local governments

- public entity created by law to deliver limited public services.

- Most school districts are quasi-municipal corporations that are created and organized by state
legislatures and charged with the administration of public schools within the state.

- Many water services are also quasi-municipal corporations for the state.