Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Fiscal Autonomy vs COA Oversight: PhilHealth CARAGA Benefits Case
Supreme Court clarifies that GOCC fiscal autonomy does not override COA audit power over disallowed benefits.
Moratorium on Salary Increases Limits on GOCC Board Authority
Supreme Court clarifies that moratoriums on salary increases constrain GOCC board authority, affirming the legality of compensation freezes.
Fiscal Autonomy vs COA Authority: PHIC Allowances and the Limits of GOCC Discretion
Explaining the Supreme Court ruling on PHIC's disallowed allowances, fiscal autonomy limits, and COA's audit power over GOCC benefits.
OGCC Authority Over GOCC Legal Representation Clarified in Land Bank Replevin Case
Supreme Court clarifies OGCC's authority over GOCC legal representation, allowing LBP Legal Services to participate with OGCC consent in replevin cases.
Navigating Compensation in GOCCs: PCSO COLA Disallowance and the Limits of Board Authority
The Supreme Court affirms COA's disallowance of PCSO's cost of living allowance, clarifying limits on GOCC board authority over compensation.
Certification vs Receipts: Reimbursing Expenses in Government-Owned Corporations
The Supreme Court clarifies that certifications alone cannot support EME reimbursement claims in GOCCs under COA Circular No. 2006-01.
Tax Exemption for Government Instrumentalities: Defining the Scope of Real Property Tax Liability
The Supreme Court clarifies when a government entity is exempt from real property tax, distinguishing instrumentalities from GOCCs.
Government Instrumentalities and Tax Exemption: Defining the Scope of Real Property Tax Obligations
The Supreme Court clarifies when a government entity with corporate powers is exempt from real property tax, distinguishing instrumentalities from GOCCs.
Appeal Bonds for GOCCs in Labor Disputes: The Banahaw Broadcasting Case
When must government-owned corporations post appeal bonds in labor cases? The Supreme Court clarifies in Banahaw Broadcasting.
Taxing National Instrumentalities: PFDA Exemption and Local Government Powers
The Supreme Court ruled the PFDA is a government instrumentality, not a GOCC, exempt from real property tax on the Lucena Fishing Port Complex.
Land Ownership Disputes: Proving Your Claim in the Philippines
Learn how the Supreme Court distinguishes government instrumentalities from GOCCs in real property tax disputes, and what this means for proving ownership claims.
Water Districts as GOCCs: Reaffirming Government Control and Audit Authority
The Supreme Court reaffirms that water districts are government-owned or controlled corporations with special charters, settling tax and audit questions.
Authority to Represent: The Limits of Legal Representation for Government-Owned Corporations
A Supreme Court ruling clarifies when lawyers may appear for GOCCs, requiring OGCC and COA approval before private counsel can act.
Primarily Confidential: Defining the Role and Tenure of Corporate Secretaries in GOCCs
The Supreme Court rules that the corporate secretary of a GOCC holds a primarily confidential position, not a permanent career post.
Forum Shopping and Government Counsel: Land Bank v. Martinez
A look at Land Bank v. Martinez on forum shopping, the OGCC's role as principal counsel for GOCCs, and finality of DARAB decisions.
MIAA vs Parañaque: When Local Governments Cannot Tax National Assets
The Supreme Court ruled that MIAA's airport lands are exempt from local real estate tax because MIAA is a government instrumentality, not a GOCC.
Ombudsman's Power to Investigate COA Findings Not a Prerequisite: PAL Officers Case
Supreme Court rules Ombudsman lacks jurisdiction over officers of GOCCs without original charters, like PAL. Learn the limits of Ombudsman power.
Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement
The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.
Gocc Labor Disputes: Jurisdiction and Corporate Veil in Illegal Dismissal Cases
Learn how Philippine courts decide illegal dismissal cases involving voluntary resignation, burden of proof, and corporate liability.
Duty Free Philippines v. Mojica: Civil Service, Not Labor Courts, Governs GOCC Employees
Employees of government-owned corporations with original charters must file dismissal cases with the Civil Service Commission, not the NLRC.
Lawyer Fined for Unauthorized Appearance as NEA Counsel in GOCC Case
Supreme Court fines lawyer P5,000 for appearing as NEA counsel without required OGCC conformity and COA concurrence.
Sandiganbayan Jurisdiction Over GOCC Subsidiaries: The Alas Doctrine
Explaining People v. Alas: why officers of government-owned corporations incorporated under the Corporation Code fall under Sandiganbayan jurisdiction.
Productivity Incentives Government Employees VS Private Sector Benefits
SC rules on whether GOCC employees with original charters may receive productivity incentives under RA 6971.
GOCC vs. Private Corporation: Labor Jurisdiction and the Philippine National Red Cross Case
Learn how the Supreme Court's charter test determines whether an employer is a GOCC and which tribunal—CSC or NLRC—has jurisdiction over labor disputes.