B: Explanation; Y: Important; P: Text; O: Case; R: Headings/Subheadings;

dignity, as for instance when the greater majority might want

PREAMBLE the extermination of those who are considered inferior.
WE THE SOVEREIGN FILIPINO PEOPLE IMPLORING (the phrase "general welfare" was not used because it might be interpreted as
prioritizing what benefits the majority, even if it harms the dignity and
THE AID OF ALMIGHTY GOD, IN ORDER TO BUILD A JUST AND
rights of some individuals. For example, if the majority wants to harm or
HUMANE SOCIETY, AND ESTABLISH A GOVERNMENT THAT
discriminate against a particular group, using "general welfare" could
SHALL EMBODY OUR IDEALS AND ASPIRATIONS, PROMOTE justify such actions. By using "common good," the focus remains on
THE COMMON GOOD, CONSERVE AND DEVELOP OUR promoting the well-being and development of all individuals in a way that
PATRIMONY, AND SECURE TO OURSELVES AND OUR respects their dignity and rights.)
POSTERITY, THE BLESSINGS OF INDEPENDENCE AND
DEMOCRACY UNDER THE RULE OF LAW AND A REGIME OF What is the significance of the specification of
TRUTH, JUSTICE, FREEDOM, LOVE, EQUALITY AND PEACE, DO "equality?"
ORDAIN AND PROMULGATE THIS CONSTITUTION.
It emphasizes that a major problem in Philippine
society is the prevalence of gross economic and political
WHAT IS THE FUNCTION OF PREAMBLE IN THE inequalities.
CONSTITUTION? (that a significant issue in Philippine society is the existence of large gaps in
The Preamble is not a source of rights or obligations. wealth and power among its people. This situation leads to some individuals
Because, however, it sets down the origin, scope, purpose of the having much more wealth and influence than others, creating an imbalance
Constitution, it is useful as an aid in ascertaining the meaning of in opportunities and resources. Addressing this problem is crucial for
building a fairer and more just society where everyone has equal chances for
ambiguous provisions in the body of the Constitution. It is thus a
success and well-being.)
source of light.
(The Preamble of the Constitution is like an introduction that explains the
reason and purpose for creating the Constitution. It doesn't give specific What is the import of "the rule of law?"
rights or duties to people, but it helps us understand the main goals and This expresses the concept that government officials
intentions of the Constitution. When there are parts of the Constitution that have only the authority given them by law and defined by law,
are not very clear, we can look at the Preamble to get a better understanding and that such authority continues only with the consent of the
of what the Constitution is trying to achieve. So, it's like a source of
people. The statement is: "Ours is a rule of law and not of men”.
guidance or a helpful tool to interpret the Constitution better.)
(In our system of government, officials have power and authority based on
the laws that govern the country. Their authority is not unlimited and can
What is the origin, scope and purpose of the only be exercised within the boundaries set by the law. Additionally, the
Constitution as set out in the Preamble? people's agreement and acceptance of the law and the government's actions
are what give legitimacy to the authority of those in power. This principle
Its origin, or authorship, is the will of the "sovereign
emphasizes that no one is above the law, and everyone, including
Filipino people." Its scope and purpose is "to build a just and
government officials, must follow the rules and laws of the land.)
humane society and to establish a government that shall embody
our ideals and aspirations, promote the common good, conserve
and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the EVOLUTION OF THE PREAMBLE
rule of law and a regime of truth, justice, freedom, love, equality
and peace.” Deliberations on the Committee Report
The very first Committee Report to come out for deliberation by
Why does the Constitution now say "Almighty God" the 1986 Constitutional Commission was a draft of a preamble.
The draft was a modification of the Preamble of the 1973
instead of "Divine Providence," as the 1935 and 1973
Constitution and read thus:
Constitutions did?
WE, THE SOVEREIGN FlLIPINO PEOPLE, IMPLORING
The phrase "Almighty God" is more personal and more
THE GUIDANCE OF DlVINE PROVIDENCE, TO
consonant with personalist Filipino religiosity.
ESTABLISH A GOVERNMENT THAT SHALL EMBODY
(The phrase "Almighty God" is used in a way that feels more personal and is
OUR IDEALS AND ASPIRATIONS, PROMOTE THE
in line with the religious beliefs of many Filipinos. It connects to the idea of
COMMON GOOD, CONSERVE AND ENHANCE OUR
a powerful and all-knowing God that is central to their faith and
spirituality. By using this phrase, it reflects the deep sense of devotion and PATRIMONY, SECURE TO OURSELVES AND OUR
reverence that many Filipinos have towards their faith and their personal POSTERITY THE BLESSINGS OF PARTICIPATORY
relationship with God.) DEMOCRACY UNDER A RULE OF JUSTICE, PEACE,
FREEDOM, AND EQUALITY, DO ORDAIN AND
What is the meaning of "common good" and how does it PROMULGATE THIS CONSTITUTION.
differ from the "general welfare" of the 1935 and 1973
In the course of the initial deliberations there were
Constitutions?
two sides:
The phrase "common good" projects the idea of a social
1. There were those who felt that the Preamble should be
order that enables every citizen to attain his or her fullest
formulated only after the body of the Constitution had
development economically, politically, culturally, and spiritually.
been completed. Their contention was that, since the
(the phrase "common good" means creating a society where every person can
Preamble is a distillation of the ideals and aspirations
grow and flourish in all aspects of life, including economically, politically,
culturally, and spiritually. It aims to ensure that everyone's needs are taken of the Filipino people, it should not be finalized until
care of, and they have opportunities to reach their full potential.) after those ideals and aspirations had been hammered
The phrase "general welfare" was avoided because it out especially after widespread consultation in public
could be interpreted as "the greatest good for the greatest number" hearings. (They thought this way because the Preamble is a
summary of the hopes and dreams of the Filipino people, so it
even if what the greater number wants does violence to human
B: Explanation; Y: Important; P: Text; O: Case; R: Headings/Subheadings;
should reflect their final decisions. They wanted to ensure that i. Substitute “rule” for “regime” was rejected, instead it
the Preamble truly represented the ideals and aspirations of the was inserted, “rule of law”.
people, which could be achieved through public discussions and
j. The concluding litany was made to read “truth, justice,
hearings to get the people's input before finalizing it. They
freedom, love, equality and peace”. “LOVE” makes the
believed that widespread consultation would help capture the
true essence of what the Filipino people wanted for their Philippines the only nation to enshrine the word in its
country.) Constitution and serve as a monument that prevented
2. Others, however, thought that, since the bloodshed in the February revolution of 1986. “TRUTH”,
Commissioners themselves were in a position to a protest against the deception from the Marcos
enumerate, at least tentatively, the ideals and regime.
aspirations of the Filipino people, a Preamble
formulated in advance could serve as a guide for the
rest of the work of the Commission. (Some people believed Declaration of Principles and State Policies
that the commissioners working on the Constitution should first The "Declaration of Principles and State Policies" is a
list the ideals and aspirations of the Filipino people before statement of the basic ideological principles and policies that
writing the Preamble. They thought this way because having a underlie the Constitution. As such, the provisions shed light on
tentative Preamble could guide the rest of the work on the
the meaning of the other provisions of the Constitution and they
Constitution.)
are a guide for all departments of the government in the
implementation of the Constitution. (a set of fundamental ideas and
HOWEVER, a compromise was reached when it was agreed that policies that support the Constitution. These principles help us understand
the Preamble would still be subject to modifications after the the other parts of the Constitution and provide guidance to all branches of
formulation of the body of the document. It was a reasonable the government when they apply the Constitution in practice. They serve as
compromise, because a constitution essentially consists of an a compass to ensure that the government stays true to its core values and
enumeration of fundamental values and goals and of devices for goals while carrying out its duties and responsibilities.)
achieving and protecting these goals. An enumeration of the
values and goals, therefore, albeit tentative, could be a useful aid Section 1. The Philippines is a democratic and
for future deliberations. As it turned out, however, the republican State. Sovereignty resides in the people and
Commission did not go back to the Preamble after the all government authority emanates from them. (the people
completion of the body of the document. (Others felt that the have the power, and the government gets its authority from them. The
commissioners were already in a good position to list these ideals and ultimate authority and decision-making come from the citizens of the
aspirations, so they agreed to have a Preamble formulated in advance. The country, and the government's role is to represent and serve the people.)
compromise was to allow for modifications to the Preamble after finishing
A republican state is a state wherein all government
the rest of the Constitution. It was a reasonable compromise because a
authority emanates from the people and is exercised by
constitution outlines the fundamental values and goals of a country and how
to achieve and protect them. Having a tentative list of these values and goals representatives chosen by the people. (a republican state is a type of
government where the people have the power, and they choose
could be helpful for future discussions.)
representatives to make decisions and govern on their behalf. The
government's authority comes from the people, and the elected
The Commission deliberations took up most of the plenary representatives act in the best interest of the citizens. It's a system designed
session time on June 10 and ll. The draft was approved on 2nd to ensure that the people's voices are heard and that they have a say in how
reading on the eve of Independence Day, June 11, 1986. the country is run.)
a. The Committee's "guidance" gave way to "aid" as the
more all-embracing term. RATIONALE — To prevent concentration of authority
b. The word "enhance" yielded to the 1935's and 1973's in one person or group of persons that might lead to an
"conserve and develop." irreversible error or abuse in its exercise to the
c. The addition of the more dynamic word "aspirations" detriment of republican institutions. To secure action,
to the passive sounding "ideals" was accepted. to forestall overaction, to prevent despotism and to
d. But the modifier “participatory”, which the Committee obtain efficiency. (Pangasinan Transportation Co. v.
said was meant to introduce the element of direct Public Service Commission)
democracy and "people power," was deleted as being
tautological. In the view of the new Constitution the Philippines is
e. An attempt to restore the phrase "general welfare" in not only a representative or republican state but also shares
place of the Committee's phrase "common good" was some aspects of direct democracy such as "initiative and
not accepted. It was intended to project the idea of a referendum" in Article VI, Section 32, and Article XVII, Section 2.
social order that enables every citizen to attain his or The word "democratic" is also a monument to the February
her fullest development economically, politically, Revolution which re-won freedom through direct action of the
culturally and spiritually. people. (The new Constitution of the Philippines describes the country as
f. The phrase “Almighty God” was chosen as being more both a representative or republican state and also has elements of direct
personal than “Divine Providence” and therefore more democracy. In a representative state, people elect representatives to make
consonant with Filipino religiosity. decisions on their behalf. However, in the Philippines, there are provisions
for "initiative and referendum," which means that the people can directly
g. The insertion of the phrase “a just and humane society”,
propose or approve laws or changes to the Constitution. The term
that constitution not merely sets up a government but
"democratic" in the Constitution also represents the February Revolution,
is also an instrument for building the larger society of where the people took direct action to regain their freedom. So, the
which government is merely a part. Constitution acknowledges the importance of people's direct involvement in
h. The 1973 Preamble had added “equality” to reflect the making decisions for their country.)
mounting wave of protests against basic social
inequalities.
B: Explanation; Y: Important; P: Text; O: Case; R: Headings/Subheadings;
NOTE — Constitutional authoritarianism," as understood and CONSTITUENT VS. MINISTRANT
practiced in the Marcos regime under the 1973 Constitution, was "Constituent" refers to essential government functions
the assumption of extraordinary powers by the President, and services that are directly related to the protection of
including legislative and judicial and even constituent powers. fundamental rights and the maintenance of law and order. These
Constitutional authoritarianism is compatible with a republican are the core functions that must be provided by the government
state if the Constitution upon which the Executive bases its to ensure the well-being and safety of its citizens, such as law
assumption of power is a legitimate expression of the people's enforcement, defense, and the justice system.
will and if the Executive who assumes power received his office "Ministrant" functions are non-essential government
through a valid election by the people. (refers to a situation where the services that are more discretionary and can be provided by the
President of a country, in this case, the Philippines under the Marcos regime government, but are not absolutely necessary for the
and the 1973 Constitution, takes on extraordinary powers beyond what is
functioning of society. These may include services like public
normally allowed by the Constitution. This includes powers usually reserved
transportation, parks and recreation facilities, and social welfare
for the legislature and the judiciary. However, for this to be acceptable, the
Constitution that grants these powers must be legitimately approved by the programs.
people, and the President assuming these powers must have been elected The distinction between these two types of functions is
through a valid election by the people. In other words, if the people important in understanding the role of government in providing
themselves agree to the Constitution and elect the President, the idea of services to its citizens and in determining the extent of
constitutional authoritarianism might be seen as compatible with the government intervention in various areas of public life.
principles of a republican state)

CASES:
Define STATE and enumerate its elements?
It is a community of persons more or less numerous, Bacani v. NACOCO - 100 Phil. 486 [1956]
permanently occupying a definite portion of territory, Facts:
independent of external control, and possessing an organized - Herein petitioners are stenographers in Branch VI
government to which the great body of inhabitants render of the CIF Manila. In a pending civil case where the
habitual obedience. (a state is a group of people living in a specific area, public respondents are involved, they requested for
like a country, with their own government. They have their own rules and the services of the stenographers and thereby paid
are not controlled by any other outside authority. The people in the state them for the said transcript at the rate of P1 per
follow the government's laws and regulations as part of their normal way of page, amounting to P714 in total. (In a civil case that is
life.) still pending and involves government officials (public
respondents), they asked for the assistance of stenographers
FOUR ELEMENTS: to make a written record of what was said during the
proceedings. The stenographers provided this service and
1. People
charged them P1 for each page of the transcript they
2. Territory
produced. In total, the payment for the transcript amounted
3. Sovereignty
to P714.)
4. Government
- However, upon inspecting the books of the
corporation, the Auditor General disallowed the
Distinguish “state” from “nation” payment of such fees and sought for the recovery of
Although, for the purpose of political sociology a state, the amounts paid. Consequently, the AGe required
which is a legal concept, may be distinguished from nation, the petitioners to reimburse the amounts invoking
which is an ethnic concept, for the purpose of constitutional law that the National Coconut Corporation is a
the two terms are not distinct. The constitution uses them government entity within the purview of section 2
interchangeably to designate the legal concept of state. of the Revised Administrative Code of 1917 which
states that: “‘The Government of the Philippine
("State" - refers to a country or a political entity with its Islands’ is a term which refers to the corporate
government and laws. It's a legal concept. governmental entity through which the functions of
"Nation" - refers to a group of people who share common cultural government are exercised throughout the
or ethnic characteristics. It's more about identity and belonging. Philippine Islands, including, save as the contrary
appears from the context, the various arms through
These two terms have different meanings in political sociology which political authority is made effective in said
because they focus on different aspects - one is about governance Islands, whether pertaining to the
and laws, and the other is about cultural or ethnic identity. centralGovernment or to the provincial or
municipal branches or other form of local
However, in constitutional law: government.”, hence,exempted from the payment of
The terms "state" and "nation" are used interchangeably to mean the fees in question. (The Auditor General found that the
the same thing - the legal concept of a "state." payment of fees to stenographers by the National Coconut
So, in the context of constitutional law, when the constitution Corporation was not allowed. The Auditor General believed
mentions "state" or "nation," it is talking about the same idea: the that the corporation is a government entity based on the
political entity with its government and laws. definition in the Revised Administrative Code of 1917. As a
government entity, it should be exempt from paying these
fees. The Auditor General asked the corporation to return the
In summary, in political sociology, "state" and "nation" are
money paid for the stenographers' services because of this
different concepts, but in constitutional law, they are used as
exemption.)
synonyms to refer to the legal concept of a "state.")
B: Explanation; Y: Important; P: Text; O: Case; R: Headings/Subheadings;

ISSUE: Whether the NCC is a government entity and is Assistant Corporate Counsel Federico Alikpala,
exempted from the payments in question? counsel for Defendant, requested stenographers for
copies of the transcript of the stenographic notes
RULING: taken by them during the hearing. Plaintiffs
- The Court held No. Discussing, there are two-fold complied with the request by delivering to Counsel
functions of the government namely:constituent Alikpala the needed transcript containing 714 pages
and ministrant. The constituent function refers to and thereafter submitted to him their bills for the
the bonds of society and are compulsory in nature, payment of their fees. (During a civil case called
while ministrant is more on public welfare like "Francisco Sycip vs. National Coconut Corporation," the
public works, education,charity, health and safety. lawyer representing the defendant, Assistant Corporate
Counsel Federico Alikpala, asked for copies of the written
From such, we may infer that there are functions
records (transcript) of what was said during the court
which our government is required to exercise to
hearings. The plaintiffs (the other party) provided the
promote its objectives as expressed in our transcript, which contained 714 pages, and later gave them
Constitution and which are exercised by it as an bills for the payment of the stenographers' fees for preparing
attribute of sovereignty, and those which it may the transcript.)
exercise to promote merely the welfare, progress - The National Coconut Corporation (NACOCO) paid
and prosperity of the people. the amount of P564 to Leopoldo T. Bacaniand P150
- The NCC has that function because the corporation to Mateo A. Matoto for said transcript at the rate of
promotes certain aspects of the economic life of the P1 per page. But the Auditor Generalrequired the
people. In short, NCC belongs to what we call the plaintiffs to reimburse said amounts by virtue of a
government-owned and controlled corporation Department of Justice circular which stated that
which is governed by Corporation Law. NACOCO, being a government entity, was exempt
- Albeit the NCC performs governmental functions from the payment of the fees in question. For
for the people’s welfare, however, it was given a reimbursement to take place, it was further ordered
corporate power separate and distinct from our that the amount of P25 perpayday be deducted from
government, for it was made subject to the the salary of Bacani and P10 from the salary of
provisions of our Corporation Law in so far as its Matoto. (The National Coconut Corporation (NACOCO) paid
corporate existence and the powers that it may P564 to Leopoldo T. Bacani and P150 to Mateo A. Matoto for a
exercise are concerned. transcript they prepared during a court case. However, the
- To recapitulate, we may mention that the term Auditor General said that NACOCO, being a government
entity, should not have paid for the transcript and asked the
“Government of the Republic of the
plaintiffs to reimburse the money. To do this, they were told
Philippines”used in section 2 of the Revised
that P25 per payday would be deducted from Bacani's salary
Administrative Code refers only to that government and P10 from Matoto's salary until the amount is fully
entity through which the functions of the reimbursed.)
government are exercised as an attribute of - Petitioners filed an action in Court countering that
sovereignty, and in this are included those arms NACOCO is not a government entity within the
through which political authority is made effective purview of section 16, Rule 130 of the Rules of Court.
whether they be provincial,municipal or other form On the other hand, the defendants set up a defense
of local government. that NACOCO is a government entity within the
- Therefore, NCC is not a government entity and is purview of section 2 of the RevisedAdministrative
not exempted from the payment of fees in question; Code of 1917 hence, it is exempted from paying the
petitioners are not subject to reimbursement. stenographers’ fees under Rule130 of the Rules of
- Petition GRANTED. Court. (petitioners filed a lawsuit arguing that the National
The court ruled that the National Coconut Corporation (NCC) Coconut Corporation (NACOCO) is not considered a
is not considered a government entity. The government has government entity according to Rule 130 of the Rules of
two main functions: the compulsory function (constituent) Court. However, the defendants in the case claimed that
that involves the essential duties of society, and the optional NACOCO is indeed a government entity based on the Revised
Administrative Code of 1917 and is therefore exempt from
function (ministrant) that focuses on public welfare, like
paying stenographers' fees under Rule 130 of the Rules of
public works, education, charity, health, and safety.
Court.)
Although the NCC performs functions for the welfare of the
people, it has a separate corporate power under the
ISSUES: Whether or not National Coconut Corporation
Corporation Law, making it distinct from the government.
(NACOCO), which performs certain functions of government,
Therefore, the NCC is not exempt from paying fees. The court
makes them a part of the Government of the Philippines.
granted the petition, meaning the petitioners are not
required to reimburse the fees paid.
DISCUSSIONS:
- NACOCO is not considered a government entity and
—----------------------------------
is not exempted from paying the stenographer's
FACTS:
fees under Rule 130 of the Rules of Court.
- Plaintiffs Bacani and Matto are both court
- Sec. 2 of the Revised Administrative Code defines
stenographers assigned in Branch VI of the Court of
the scope of the term “Government of theRepublic of
First Instance of Manila.
the Philippines”. The term “Government'' may be
- During the pendency of a civil case in the said court,
defined as “that institution or aggregate of
Francisco Sycip vs. National Coconut Corporation,
B: Explanation; Y: Important; P: Text; O: Case; R: Headings/Subheadings;
principles that guide the government in deciding whether to take on these
institutions by which an independent society makes optional functions:
and carries out those rules of action which are 1. If private businesses or individuals are not naturally inclined to
necessary to enable men to live in a social state, or do something that benefits the public, the government may step
which are imposed upon the people forming that in and perform that task for the welfare of the people.
society by those who possess the power or 2. The government may take on tasks that it is better equipped to
handle for the benefit of the public compared to private
authority of prescribing them” (U.S.vs. Dorr, 2 Phil.,
individuals or groups. This ensures that these tasks are managed
332). This institution, when referring to the national
efficiently and effectively.
government, has reference to what our Constitution
has established composed of three great In essence, ministrant functions are additional roles that the
departments, the legislative,executive, and the government can choose to undertake to enhance the well-being and welfare
judicial, through which the powers and functions of of its citizens.)
government are exercised.These functions are
twofold: constitute and ministrant. The former are
Republic v. Judge of CFI of Rizal - 99 SCRA 660 [1980]
those which constitute the very bonds of society
Facts:
and are compulsory in nature; the latter are those
- April 11, 1970, Respondent Sison filed a complaint
that are undertaken only byway of advancing the
against Rice & Corn Administration (RCA) for a sum
general interests of society, and are merely optional.
of money with the Court of First Instance of Rizal,
presided by the respondent Judge.
RULING:
- The RCA filed a motion to dismiss the said
No. NACOCO does not acquire that status for the simple
complaint on the ground of non-sustainability of
reason that they do not come under the classification of
the RCA as a mere governmental agency but it was
municipal or public corporation. While NACOCO was
denied by the respondent Judge. (The RCA asked the
organized for the purpose of “adjusting the coconut industry
court to dismiss the complaint filed against them, claiming
to a position independent of trade preferences in the that they cannot be sued because they are just a part of the
UnitedStates” and of providing “Facilities for the better government. However, the judge did not agree with this
curing of copra products and the proper utilization of argument and denied the motion to dismiss.)
coconut by-products”, a function which our government has - May 10, 1972, after trial, the respondent Judge ruled
chosen to exercise to promote the coconut industry. It was in favor of Sison and ordered the RCA to pay the
given a corporate power separate and distinct from the corn grains it purchased from Sison (P1,628,451.54)
government, as it was made subject to the provisions of the and the attorney's fees (P250,000.00) and the costs
Corporation Law in so far as its corporate existence and the of the suit.
powers that it may exercise are concerned (sections 2 and 4, - May 24, 1972, RCA filed a notice of appeal as well as a
Commonwealth Act No. 518). It May sue and be sued in the motion for extension (30 days from June 16, 1972)
same manner as any other private corporations, and in this within which to file the record on appeal (granted).
sense it is an entity different from our government. (They filed a notice to officially inform the court of their
intention to appeal. They also requested extra time (30 days)
to prepare all the necessary documents for the appeal, which
How were the functions of government classified in the court granted.)
Bacani versus Nacoco? - Before expiration of original period to file the
The functions of government were classified into record, RCA files its appeal on June 15, 1972
constituent and ministrant functions. The former are the - Sison filed a motion to dismiss the appeal for the
compulsory functions, which constitute the very bonds of RCA's failure to post an appeal bond and the RCA,
society. For example, the keeping of order and providing for the represented by the office of the Solicitor General,
protection of persons and property from violence and robbery, filed an opposition to Sison's motion to dismiss the
or the fixing of the legal relations between man and wife, and appeal. (Sison filed a motion to dismiss the RCA's appeal
between parents, and children are obligatory or constituent because they didn't pay an "appeal bond." The RCA,
functions of government. (The functions of government can be divided represented by the Solicitor General's office, responded by
into two types: constituent functions and ministrant functions. Constituent disagreeing with Sison's request and argued that they should
functions are essential and compulsory tasks that hold society together. They not be required to post the appeal bond.)
include maintaining law and order, protecting people and their property - The record on appeal filed by the RCA was approved
from violence and theft, and defining legal relationships between by the respondent Judge but the RCA's exemption
individuals, like those between spouses or parents and children. These
from the payment of legal fees and from posting of
functions are necessary for the stability and well-being of society.)
the appeal bond was denied. (The court allowed the RCA
Ministrant functions are the optional functions of to submit the necessary documents for their appeal. However,
government. “The principles for determining whether or not a the court also decided that the RCA should not be exempt
government shall exercise certain of these optional functions from paying certain fees and posting an appeal bond as
are: (1) that a government should do for the public welfare those requested by the RCA.)
things which private capital would not naturally undertake, and - The respondent Judge issued an order giving the
(2) that the government should do those things which, by its very RCA 5 days within which to post an appeal bond.
nature it is better equipped to administer for the public welfare The RCA filed a motion for reconsideration, alleging
than is any private individual or group of individuals.” that they are exempt from posting an appeal bond.
(Ministrant functions are the optional tasks of the government. It means - Sison filed a motion to dismiss the appeal on the
that the government can choose to perform these functions or not, ground of petitioner's refusal to file the appeal
depending on the situation and the needs of the people. There are two bond.
B: Explanation; Y: Important; P: Text; O: Case; R: Headings/Subheadings;

- The respondent Judge dismissed the RCA's appeal

and ruled that the RCA, being a mere
instrumentality of the Government of the
Philippines, is not exempt from the payment of legal
fees and from posting of an appeal bond.

Issues: Whether or not the petitioner RCA (Rice and Corn

Administration) is exempt from paying legal fees and from
posting an appeal bond.

Ruling::
- Yes. RCA is a governmental agency of the Republic
of the Philippines without a separate, distinct and
independent legal personality from the latter thus
exempt from the payment of legal fees as well as the
posting of an appeal bond. (Legal basis: Under the
decisional laws which form part of the legal system
of the PH, the Republic of the PH is exempted;
practically a matter of public knowledge and matter
of judicial notice on the part of the courts).
- The legal character of RCA was passed upon in the
case Ramos vs. Court of Industrial Relations. In that
cited case, the court held:
Congress, by said RA 3452, approved June 14, 1962,
created RCA in pursuance of its declared policy
+ That in order to stabilize the price of
palay, rice and corn, it shall engage in the
purchase of these basic foods directly
from those farmers in the Philippines who
wish to dispose their produce at a price
that will afford them a fair and just return
for their labor and capital investment.
- Therefore, RCA is a governmental machinery to
carry out a declared government policy, and not for
profit. It is not possessed of a separate & distinct
corporate existence. It is an office directly under
the Office of the President of the Philippines.

The RCA is a government agency of the Philippines, and it

doesn't have its own separate legal identity. It was created by
Congress to carry out a specific government policy, which is
to stabilize the prices of certain agricultural products and
help farmers get a fair return for their produce. The RCA
operates under the direct authority of the Office of the
President. Because it is part of the government, it is exempt
from certain legal fees and requirements. This exemption is
based on existing laws and is widely known and recognized in
the legal system of the Philippines.