Académique Documents
Professionnel Documents
Culture Documents
Operators'
and
(SAMAJODA);
Drivers'
Association,
Inc.
INTERNATIONAL
EXPRESS
TRAVEL & TOURS V COURT OF
APPEALS (2000)
When the petitioner is not trying to escape liability
from the contract but rather the one claiming from the
contract, the doctrine of corporation by estoppel is not
applicable. This doctrine applies to a third party only
when he tries to escape liability on a contract from
him
was
The
that
SAWADYAAN vs CA
141735, JUNE 8, 2005
G.R.
NO.
CHARTERED GOCC
NON- CHARTERED GOCC
BALUYOT vs HOLGANZA
FACTS:
During a spot audit in 1977, the auditors from the
Philippine National Red Cross (PNRC) headquarters
discovered a case shortage in the funds of its Bohol
chapter. The chapter administrator, petitioner Baluyot,
was held accountable and thereafter, respondent
Holganza as member of the board Bohol chapter, filed
a complaint with the Ofc. of the Ombudsman for
malversation.
RULING:
YES.
Facts
COA assessed Leyte Metropolitan Water District
(LMWD) auditing fees. Petitioner Feliciano, as
General Manager of LMWD, contended that the
water district could not pay the said fees on the
basis of Sections 6 and 20 of P.D. No. 198 as
well as Section 18 of R.A. No. 6758. He primarily
claimed that LMWD is a private corporation not
covered by COA's jurisdiction. Petitioner also
asked for refund of all auditing fees LMWD
previously paid to COA.COA Chairman denied
petitioners requests. Petitioner filed a motion for
reconsideration which COA denied. Hence, this
petition.
Issue: Whether a Local Water District (LWD)
created under PD 198, as amended, is a
government-owned or controlled corporation
subject to the audit jurisdiction of COA or a
private corporation which is outside of COAs
audit jurisdiction.
Held: Petition lacks merit. The Constitution under
Sec. 2(1), Article IX-D and existing laws mandate
LIBAN VS GORDON
G. R. NO. 175352, JANUARY 18, 2011
Although the Philippine National Red Cross
was created by a special charter, it can not be
considered
a
government-owned
and
controlled corporation in the absence of the
essential elements of ownership and control
by the government.
It does not have government assets and does
not receive any appropriation from the Philippine
Congress. It is a non-profit, donor-funded,
voluntary organization, whose mission is to bring
timely, effective and compassionate humanitarian
assistance for the most vulnerable without
consideration of nationality, race, religion,
gender, social status or political affiliation.
This does not mean however that the charter of
PNRC is unconstitutional. PNRC has a sui
generis status.
Although it is neither a subdivision, agency, or
instrumentality of the government, nor a
government-owned or -controlled corporation or
a subsidiary thereof, so much so that Gordon
was correctly allowed to hold his position as
Chairman thereof concurrently while he served