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BOY SCOUTS OF PHILIPPINES v. NLRC

This case has been cited 2 times or more.

2011-06-07
LEONARDO-DE CASTRO, J.
This case arose when the COA issued Resolution No. 99-011 [5] on August 19, 1999 ("the COA Resolution"), with the subject "Defining the Commission's policy with respect to the audit of the Boy Scouts of the Philippines."  In its whereas clauses, the COA Resolution stated that the BSP was created as a public corporation under Commonwealth Act No. 111, as amended by Presidential Decree No. 460 and Republic Act No. 7278; that in Boy Scouts of the Philippines v. National Labor Relations Commission, [6] the Supreme Court ruled that the BSP, as constituted under its charter, was a "government-controlled corporation within the meaning of Article IX(B)(2)(1) of the Constitution"; and that "the BSP is appropriately regarded as a government instrumentality under the 1987 Administrative Code." [7] The COA Resolution also cited its constitutional mandate under Section 2(1), Article IX (D).  Finally, the COA Resolution reads: NOW THEREFORE, in consideration of the foregoing premises, the COMMISSION PROPER HAS RESOLVED, AS IT DOES HEREBY RESOLVE, to conduct an annual financial audit of the Boy Scouts of the Philippines in accordance with generally accepted auditing standards, and express an opinion on whether the financial statements which include the Balance Sheet, the Income Statement and the Statement of Cash Flows present fairly its financial position and results of operations.
2011-06-07
LEONARDO-DE CASTRO, J.
The jurisdiction of the Commission on Audit (COA) over the Boy Scouts of the Philippines (BSP) is the subject matter of this controversy that reached us via petition for prohibition [1] filed by the BSP under Rule 65 of the 1997 Rules of Court.  In this petition, the BSP seeks that the COA be prohibited from implementing its June 18, 2002 Decision, [2] its February 21, 2007 Resolution, [3] as well as all other issuances arising therefrom, and that all of the foregoing be rendered null and void. [4]