VFP vs Reyes Case Digest

VFP vs Reyes Case Digest – G. R. No. 155027, February 28, 2006

VFP vs Reyes Case Digest


This is a Petition for Certiorari with Prohibition under Rule 65 of the 1997 Rules of Civil Procedure, with a prayer to declare as void Department Circular No. 04 of the Department of National Defense (DND), dated 10 June 2002.

Petitioner in this case is the Veterans Federation of the Philippines (VFP), a corporate body organized under Republic Act No. 2640, dated 18 June 1960, as amended, and duly registered with the Securities and Exchange Commission. Respondent Angelo T. Reyes was the Secretary of National Defense (DND Secretary) who issued the assailed Department Circular No. 04, dated 10 June 2002. Respondent Edgardo E. Batenga was the DND Undersecretary for Civil Relations and Administration who was tasked by the respondent DND Secretary to conduct an extensive management audit of the records of the petitioner.


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Facts

On June 10, 2002 respondent Department of National Defense (DND) Secretary issued the assailed DND Department Circular No. 04 entitled “Further Implementing the Provisions of Section 12 and 23 of Republic Act No. 2640” which stipulates the details of the Department’s exercise of control and supervision over the Veteran’s Federation of the Philippines (VFP)

Issue

Whether VFP is a private corporation

Ruling

No.

The protection of interests was veterans is not only meant to promote social justice but is also intended to reward patriotism. All of the functions in Section 4 of RA 2640 concern the well-being of war veterans. It would be an injustice of catastrophic proportions to say that it is beyond sovereignty’s power to reward the people who defended her.

The petition is dismissed and the validity of DND Department Circular No.04 is affirmed.


In sum, the assailed DND Department Circular No. 04 does not supplant nor modify and is, on the contrary, perfectly in consonance with Rep. Act No. 2640. Petitioner VFP is a public corporation. As such, it can be placed under the control and supervision of the Secretary of National Defense, who consequently has the power to conduct an extensive management audit of the petitioner corporation.


VFP vs Reyes Case Digest

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