Академический Документы
Профессиональный Документы
Культура Документы
* EN BANC.
527
528
529
530
Rep. Act No. 2640, but also, and more importantly, the
Constitutional mandate for the State to provide immediate and
adequate care, benefits and other forms of assistance to war
veterans and veterans of military campaigns, their surviving
spouses and orphans.—In the case at bar, the functions of
petitioner corporation enshrined in Section 4 of Rep. Act No. 2640
should most certainly fall within the category of sovereign
functions. The protection of the interests of war veterans is not
only meant to promote social justice, but is also intended to
reward patriotism. All of the functions in Section 4 concern the
wellbeing of war veterans, our countrymen who risked their lives
and lost their limbs in fighting for and defending our nation. It
would be injustice of catastrophic proportions to say that it is
beyond sovereignty’s power to reward the people who defended
her. Like the holding of the National Centennial Celebrations, the
functions of the VFP are executive functions, designed to
implement not just the provisions of Rep. Act No. 2640, but also,
and more importantly, the Constitutional mandate for the State
to provide immediate and adequate care, benefits and other forms
of assistance to war veterans and veterans of military campaigns,
their surviving spouses and orphans.
Same; Same; Public Corporations; The fact that no budgetary
appropriations have been released to the VFP does not prove that it
is a private corporation; The erroneous application of the law by
public officers does not bar a subsequent correct application of the
law.—The fact that no budgetary appropriations have been
released to the VFP does not prove that it is a private corporation.
The DBM indeed did not see it fit to propose budgetary
appropriations to the VFP, having itself believed that the VFP is
a private corporation. If the DBM, however, is mistaken as to its
conclusion regarding the nature of VFP’s incorporation, its
previous assertions will not prevent future budgetary
appropriations to the VFP. The erroneous application of the law
by public officers does not bar a subsequent correct application of
the law. Nevertheless, funds in the hands of the VFP from
whatever source are public funds, and can be used only for public
purposes.
Same; Same; Same; Public Funds; Membership dues collected
from the individual members of VFP’s affiliate organizations do
not become public funds while they are still funds of the affiliate
organizations.—It is important to note here that the membership
dues collected from the individual members of VFP’s affiliate
organiza
531
tions do not become public funds while they are still funds of the
affiliate organizations. A close reading of Section 1 of Rep. Act No.
2640 reveals that what has been created as a body corporate is
not the individual membership of the affiliate organizations, but
merely the aggregation of the heads of the affiliate organizations.
Thus, only the money remitted by the affiliate organizations to
the VFP partake in the public nature of the VFP funds.
Same; Same; Same; Same; There is nothing wrong, whether
legally or morally, from raising revenues through nontraditional
methods.—We also observed in the same COCOFED case that
“(e)ven if the money is allocated for a special purpose and raised
by special means, it is still public in character.” In the case at bar,
some of the funds were raised by even more special means, as the
contributions from affiliate organizations of the VFP can hardly
be regarded as enforced contributions as to be considered taxes.
They are more in the nature of donations which have always been
recognized as a source of public funding. Affiliate organizations of
the VFP cannot complain of their contributions becoming public
funds upon the receipt by the VFP, since they are presumed
aware of the provisions of Rep. Act No. 2640 which not only
specifies the exclusive purposes for which VFP funds can be used,
but also provides for the regulation of such funds by the national
government through the Secretary of National Defense. There is
nothing wrong, whether legally or morally, from raising revenues
through nontraditional methods. As remarked by Justice
Florentino Feliciano in his concurring opinion in Kilosbayan,
Incorporated v. Guingona, Jr. where he explained that the funds
raised by the Online Lottery System were also public in nature,
thus: x x x [T]he more successful the government is in raising
revenues by nontraditional methods such as PAGCOR operations
and privatization measures, the lesser will be the pressure upon
the traditional sources of public revenues, i.e., the pocket books of
individual taxpayers and importers.
Same; Same; Same; Statutes; Laws are not repealed by disuse,
custom, or practice to the contrary.—Petitioner claims that the
Secretary of National Defense “historically did not indulge in the
direct or ‘micromanagement’ of the VFP precisely because it is
essentially a civilian organization where membership is
voluntary.” This reliance of petitioner on what has “historically”
been done is erroneous, since laws are not repealed by disuse,
custom, or practice to the contrary. Furthermore, as earlier
stated, the erroneous application of the law
532
533
534
nonreceipt” where said opinion was given. The DBM has not
furnished, in said certification or elsewhere, an explanation for its
opinion that VFP is a nongovernment organization.
Same; Same; Same; Control and Supervision; Words and
Phrases; Supervision and control shall include the authority to act
directly whenever a specific function is entrusted by law or
regulation to a subordinate, direct the performance of duty,
restrain the commission of acts; review, approve, reverse or modify
acts and decisions of subordinate officials or units, determine
priorities in the execution of plans and programs, and prescribe
standards, guidelines, plans and programs; Considering that
petitioner is a public corporation, the provisions of the assailed
Department Circular No. 04 did not supplant nor modify the
provisions of Republic Act No. 2640, thus not violating the settled
rule that all such (administrative) issuances must not override, but
must remain consistent and in harmony with the law they seek to
apply or implement.—As previously mentioned, this Court has
defined the power of control as “the power of an officer to alter or
modify or nullify or set aside what a subordinate has done in the
performance of his duties and to substitute the judgment of the
former to that of the latter.” The power of supervision, on the
other hand, means “overseeing, or the power or authority of an
officer to see that subordinate officers perform their duties.”
Under the Administrative Code of 1987: Supervision and control
shall include the authority to act directly whenever a specific
function is entrusted by law or regulation to a subordinate; direct
the performance of duty; restrain the commission of acts; review,
approve, reverse or modify acts and decisions of subordinate
officials or units; determine priorities in the execution of plans
and programs; and prescribe standards, guidelines, plans and
programs. x x x The definition of the power of control and
supervision under Section 2 of the assailed Department Circular
are synonymous with the foregoing definitions. Consequently, and
considering that petitioner is a public corporation, the provisions
of the assailed Department Circular No. 04 did not supplant nor
modify the provisions of Republic Act No. 2640, thus not violating
the settled rule that “all such (administrative) issuances must not
override, but must remain consistent and in harmony with the
law they seek to apply or implement. Administrative rules and
regulations are intended to carry out, neither to supplant nor to
modify, the law.”
535
536
537
CHICONAZARIO, J.:
538
_______________
539
_______________
540
_______________
541
Section 1
These rules shall govern and apply to the management and
operations of the Veterans Federation of the Philippines (VFP)
within the context provided by EO 292 s1987.
Section 2—DEFINITION OF TERMS—for the purpose of
these rules, the terms, phrases or words used herein shall, unless
the context indicates otherwise, mean or be understood as follows:
Supervision and Control—it shall include authority to act
directly whenever a specific function is entrusted by law or
regulation to a subordinate; direct the performance of a duty;
restrain the commission of acts; approve, reverse or modify acts
and decisions of subordinate officials or units; determine priorities
in the execution of plans and programs; and prescribe standards,
guidelines, plans and programs.
Power of Control—power to alter, modify, nullify or set aside
what a subordinate officer had done in the performance of his
duties and to substitute the judgment of the former to that of the
latter.
Supervision—means overseeing or the power of an officer to see
to it that their subordinate officers perform their duties; it does
not allow the superior to annul the acts of the subordinate.
Administrative Process—embraces matter concerning the
procedure in the disposition of both routine and contested
matters, and the matter in which determinations are made,
enforced or reviewed.
Government Agency—as defined under PD 1445, a government
agency or agency of government or “agency” refers to any
department, bureau or office of the national government, or any of
its branches or instrumentalities, of any political subdivision, as
well as any government owned or controlled corporation,
including its subsidiaries, or other selfgoverning board or
commission of the government.
Government Owned and Controlled Corporation (GOCC)—refer
to any agency organized as a stock or nonstock corporation,
vested with functions relating to public needs whether
governmental or proprietary in nature, and owned by the
government directly or through its instrumentalities wholly or,
where applicable as in the case of stock corporations, to the extent
of at least 50% of its capital stock.
Fund—sum of money or other resources set aside for the
purpose of carrying out specific activities or attaining certain
objectives
542
543
544
_______________
4 Rollo, p. 53.
5 Id.
545
546
_______________
6 Id., p. 31.
7 Id., p. 74.
8 Commissioner of Internal Revenue v. Leal, 440 Phil. 477, 484; 392 SCRA 9, 14
(2002); People v. Court of Appeals, 361 Phil. 492, 497; 308 SCRA 566, 570 (1999);
Pearson v. Intermediate Appellate Court, 356 Phil. 341, 355; 295 SCRA 27, 42
(1998); People v. Cuaresma, G.R. No. 67787, 18 April 1989, 172 SCRA 415, 424.
9 Id., pp. 484485; p. 14.
547
ISSUES
_______________
10 Id.
548
CENTRAL ISSUE:
IS THE VFP A PRIVATE CORPORATION?
_______________
11 Rollo, p. 84.
12 Id., p. 85.
13 Mondano v. Silvosa, 97 Phil. 143, 148 (1955).
549
_______________
14 Id.
15 CONSTITUTION (1935), Art. XIII, Sec. 7.
16 CONSTITUTION (1973), Art. XIV, Sec. 4.
550
_______________
551
_______________
553
_______________
23 Id.
24 Id.
25 Agricultural Credit and Cooperative Financing Administration
(ACCFA) v. Confederation of Unions in Government Corporations and
Offices (CUGCO), 141 Phil. 334, 349; 30 SCRA 649, 662 (1969); People’s
Homesite and Housing Corporation v. Court of Industrial Relations, G.R.
No. L31890, 29 May 1987, 150 SCRA 296, 310.
26 Laurel v. Desierto, supra note 22, p. 678; p. 68.
554
_______________
555
_______________
556
(1) Section 2 provides that the VFP can only “invest its
funds for the exclusive benefit of the Veterans of the
Philippines”;
(2) Section 2 likewise provides that “(a)ny action or
decision of the Federation or of the Supreme
Council shall be subject to the approval of the
Secretary of National Defense.” Hence, all activities
_______________
557
_______________
558
Rep. Act No. 2640 reveals that what has been created as a
body corporate is not the individual membership of the
affiliate organizations, but merely the aggregation of the
heads of the affiliate organizations. Thus, only the money
remitted by the affiliate organizations to the VFP partake
in the public nature of the VFP36 funds.
In Republic v. COCOFED, we held that the Coconut
Levy Funds are public funds because, inter alia, (1) they
were meant to be for the benefit of the coconut industry,
one of the major industries supporting the national
economy, and its farmers; and (2) the very laws governing
coconut levies recognize their public character. The same is
true with regard to the VFP funds. No less public is the use
for the VFP funds, as such use is limited to the purposes of
the VFP which we have ruled to be sovereign functions.
Likewise, the law governing VFP funds (Rep. Act No. 2640)
recognizes the public character of the funds as shown in the
enumerated provisions above.
We also observed in the same COCOFED case that
“(e)ven if the money is allocated for a special purpose 37and
raised by special means, it is still public in character.” In
the case at bar, some of the funds were raised by even more
special means, as the contributions from affiliate
organizations of the VFP can hardly be regarded as
enforced contributions as to be considered taxes. They are
more in the nature of donations which have always been
recognized as a source of public fund
_______________
559
_______________
560
_______________
561
_______________
562
The ruling of the BLGF has been considered in this case. But
unlike the Court of Tax Appeals, which is a special court created
for the purpose of reviewing tax cases, the BLGF was created
merely to provide consultative services and technical assistance to
local governments and the general public on local taxation and
other related matters. Thus, the rule that the “Court will not set
aside conclusions rendered by the CTA, which is, by the very
nature of its function, dedicated exclusively to the study and
consideration of tax problems and has necessarily developed an
expertise on the subject, unless there has been an abuse or
improvident exercise of authority” cannot apply in the case of the
BLGF.
_______________
563
_______________
49 Gonzales v. Land Bank of the Phils., G.R. No. 76759, 22 March 1990,
183 SCRA 520, 526.
50 Rollo, p. 81.
564
_______________
565
_______________
566
_______________
567
© Copyright 2017 Central Book Supply, Inc. All rights reserved.