Public corporations

A public corporation is one formed or organized for the government of a portion of the State. Otherwise put, if a corporation has been created not for the purpose of governing a portion, part or subdivision of the State, it is not a public corporation. Another purpose of public corporations are the common good and the general welfare.

The BSP is a public corporation or a government agency or instrumentality with juridical personality, which does not fall within the constitutional prohibition in Article XII, Section 16, notwithstanding the amendments to its charter. Not all corporations, which are not government owned or controlled, are ipso facto to be considered private corporations as there exists another distinct class of corporations or chartered institutions which are otherwise known as public corporations. These corporations are treated by law as agencies or instrumentalities of the government which are not subject to the tests of ownership or control and economic viability but to different criteria relating to their public purposes/interests or constitutional policies and objectives and their administrative relationship to the government or any of its Departments or Offices. (G.R. No. 177131. June 7, 2011)

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