1 VFP vs Reyes

VFP vs. Reyes

Facts: Petitioner Veterans Veterans Federation of the Philippines (VFP) is a corporate body organized organized under under Republic Republic Act No. 2640. Sometime Sometime in August 2002, 2002, petitioner  petitioner  receiv received ed a lette letterr from from Under Undersec secret retary ary of the the Depar Departme tment nt of Natio National nal Defen Defense se (DND) to conduct Management Audit of VFP pursuant to RA 2640, where it stated that VFP is under the supervision and control of the Secretary of National Defense. Petitioner complained about the broadness of audit and requested suspension until issues issues are thres threshed hed out, out, which which was was subseq subsequen uently tly denie denied d by DND. DND. As a result result,,  petitioner sought relief under Rule 65 assailing that it is a private non-government corporation.

Issue: Issue: Whethe Whetherr or not veteran veteranss federa federatio tion n create created d by law is a public public office office,, considering that it does not possess a portion of the sovereign functions of the government and considering further that, it has no budgetary appropriation from DBM and that its funds come from membership dues.

Ruling: Yes, petitioner petitioner is a public corporation. corporation. In Laurel v. v. Desierto, public public office is defined as the right, authority and duty, created and conferred by law, by which, for a given period, is invested with some portion of the sovereign functions of the government, to be exercised for the benefit of the public. In the instant case, the functions of VFP – the protection of the interests of  war veterans which promotes social justice and reward patriotism – certainly fall within within the category category of sovereign sovereign functions. functions. The fact that that VFP has no budgetary budgetary appro appropri priati ation on is only only a produc productt of errone erroneous ous appli applicat cation ion of the law by public public officers in the DBM which will not bar subsequent correct application. Hence, placing it under the control and supervision of DND is proper.