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MECO is not a GOCC nor a government instrumentality because it is not owned by the PH government. But it is subject to the auditing of COA only as regards its collection of verification and consular fees. The MECO handles government funds in the form of the "verification fees" it collects.
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Funa vs MECO's Partial Case Digest (Discussion of the Main Issue)
MECO is not a GOCC nor a government instrumentality because it is not owned by the PH government. But it is subject to the auditing of COA only as regards its collection of verification and consular fees. The MECO handles government funds in the form of the "verification fees" it collects.
MECO is not a GOCC nor a government instrumentality because it is not owned by the PH government. But it is subject to the auditing of COA only as regards its collection of verification and consular fees. The MECO handles government funds in the form of the "verification fees" it collects.
In the case of Funa vs MECO, the Supreme Court held that MECO is not a
GOCC nor a government instrumentality because it is not owned by the PH
government. It is a sui generis private entity - a non-governmental non-stock corporation. However, it is entrusted by the government to facilitate its unofficial relations in Taiwan. Thus, not all accounts of MECO are subject to the auditing power of CoA. Although MECO is not a government instrumentality, it is nevertheless subject to the auditing of COA only as regards its collection of verification and consular fees. Pertinent is the provision of the Administrative Code, Section 14(1), Book V thereof, which authorizes the COA to audit accounts of nongovernmental entities required to pay xxx or have government share but only with respect to funds xxx coming from or through the government. The said fees collected by MECO are receivables of DOLE. As to the verification fees: Under Section 7 of EO No. 1022, DOLE has the authority to collect verification fees. But it entered into a series of MoA with MECO authorizing the latter to collect such fees since the PH does not have an official post in Taiwan. As to the consular fees: The authority behind consular fees is Section 2(6) of EO No. 15, s. 2001. The said section authorizes the MECO to collect reasonable fees for its performance of consular functions. Evidently, and just like the peculiarity that attends the DOLE verification fees, there is no consular office for the collection of the consular fees. Thus, the authority for the MECO to collect the reasonable fees, vested unto it by the executive order (EO No. 15, s. 2001) CONCLUSION The MECO is not a GOCC or government instrumentality. It is a sui generis private entity especially entrusted by the government with the facilitation of unofficial relations with the people in Taiwan without jeopardizing the countrys faithful commitment to the One China policy of the PROC. However, despite its nongovernmental character, the MECO handles government funds in the form of the verification fees it collects on behalf of the DOLE and the consular fees it collects under Section 2(6) of EO No. 15, s. 2001. Hence, under existing laws, the accounts of the MECO pertaining to its collection of such verification fees and consular fees should be audited by the COA.
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