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Case Digest - Boy Scout v. Coa (Admin Law)
Case Digest - Boy Scout v. Coa (Admin Law)
NOW THEREFORE, in consideration of the foregoing premises, the The BSP, which is a corporation created for a public interest or purpose, is subject
COMMISSION PROPER HAS RESOLVED, AS IT DOES HEREBY RESOLVE,to to the law creating it under Article 45 of the Civil Code, which provides:
conduct an annual financial audit of the Boy Scouts of the Philippines in
accordance with generally accepted auditing standards, and express an opinion on Art. 45.Juridical persons mentioned in Nos. 1 and 2 of the preceding article are
whether the financial statements which include the Balance Sheet, the Income governed by the laws creating or recognizing them.
Statement and the Statement of Cash Flows present fairly its financial position and
results of operations. Private corporations are regulated by laws of general application on the subject.
xxxx Partnerships and associations for private interest or purpose are governed by the
provisions of this Code concerning partnerships.
BE IT RESOLVED FURTHERMORE, that for purposes of audit supervision,the
Boy Scouts of the Philippines shall be classified among the government The purpose of the BSP as stated in its amended charter shows that it was created
corporations belonging to the Educational, Social, Scientific, Civic and Research in order to implement a State policy declared in Article II, Section 13 of the
Sectorunder the Corporate Audit Office I, to be audited, similar to the subsidiary Constitution, which reads:
corporations, by employing the team audit approach
ISSUE: Does COA have jurisdiction over BSP? Section 13. The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and social
HELD: After looking at the legislative history of its amended charter and carefully well-being. It shall inculcate in the youth patriotism and nationalism, and
studying the applicable laws and the arguments of both parties, [the Supreme encourage their involvement in public and civic affairs.
Court found] that the BSP is a public corporation and its funds are subject to the
COA's audit jurisdiction. Evidently, the BSP, which was created by a special law to serve a public purpose
in pursuit of a constitutional mandate, comes within the class of "public
The BSP Charter (Commonwealth Act No. 111, approved on October 31, 1936), corporations" defined by paragraph 2, Article 44 of the Civil Code and governed by
entitled "An Act to Create a Public Corporation to be Known as the Boy Scouts of the law which creates it, pursuant to Article 45 of the same Code. DENIED.
the Philippines, and to Define its Powers and Purposes" created the BSP as a
"public corporation"