This case has been cited 5 times or more.
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2010-08-25 |
BRION, J. |
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| The present petition is not the first instance that the petitioner LMWD, through Engr. Ranulfo C. Feliciano, has raised for determination by this Court the corporate classification of local water districts.[18] LMWD posed this exact same question in Feliciano v. Commission on Audit (COA).[19] In ruling that local water districts, such as the LMWD, are GOCCs with special charter, the Court even pointed to settled jurisprudence[20] culminating in Davao City Water District v. Civil Service Commission[21] and recently reiterated in De Jesus v. COA. [22] | |||||
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2008-04-30 |
QUISUMBING, J. |
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| On January 13, 2003, Borja filed a Motion to Suspend Arraignment. [5] Borja alleged that there is a pending civil case entitled Feliciano v. Commission on Audit, [6] docketed before this Court as G.R. No. 147402, which involves the issue of whether local water districts are private or government-owned or controlled corporations (GOCCs). [7] He argued that the issue is a prejudicial question, the resolution of which determines whether or not the criminal actions against him may proceed. If this Court resolves that local water districts are private corporations, the graft cases against him will not prosper since then he would not be a public officer covered by Rep. Act No. 3019. | |||||
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2008-04-30 |
QUISUMBING, J. |
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| On January 13, 2003, Borja filed a Motion to Suspend Arraignment. [5] Borja alleged that there is a pending civil case entitled Feliciano v. Commission on Audit, [6] docketed before this Court as G.R. No. 147402, which involves the issue of whether local water districts are private or government-owned or controlled corporations (GOCCs). [7] He argued that the issue is a prejudicial question, the resolution of which determines whether or not the criminal actions against him may proceed. If this Court resolves that local water districts are private corporations, the graft cases against him will not prosper since then he would not be a public officer covered by Rep. Act No. 3019. | |||||
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2006-01-24 |
QUISUMBING, J. |
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| On this score, the case of Feliciano v. Commission on Audit,[19] finds strong relevance. Although with different factual circumstances, the Court discussed therein the two classes of corporations recognized by the 1987 Constitution. The first refers to private corporations created under a general law; the second refers to government-owned or controlled corporations created by special charters. We also reiterated that under Section 14 of the Corporation Code, "[a]ll corporations organized under this Code shall file with the Securities and Exchange Commission articles of incorporation ..." | |||||
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2005-09-23 |
CHICO-NAZARIO, J. |
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| Yes, as a general rule, no officer or employee of the civil service shall be removed or suspended except for cause provided by law as provided in Section 2(3), Article IX-B of the 1987 Constitution. As exception to this, P.D. No. 198, which we held in Feliciano v. Commission On Audit [28] to be the special enabling charter of Local Water Districts, categorically provides that the General Manager shall serve "at the pleasure of the board." | |||||