In The People and All Government Authority Emanates From Them
In The People and All Government Authority Emanates From Them
In The People and All Government Authority Emanates From Them
Facts:
Ruling:
Yes, Yes, the Petitioner discharges governmental and not proprietary functions. The
Supreme Court ruled that a reference to the enactments creating Petitioner
Corporation suffices to demonstrate the merit of petitioner’s plea that it performs
governmental and not proprietary functions. Under Republic Act No. 2265, its
purposes and objectives are: "(a) To promote the effective merchandising of Virginia
tobacco in the domestic and foreign markets so that those engaged in the industry
will be placed on a basis of economic security; (b) To establish and maintain
balanced production and consumption of Virginia tobacco and its manufactured
products, and such marketing conditions as will insure and stabilize the price of a
level sufficient to cover the cost of production plus reasonable profit both in the
local as well as in the foreign market; (c) To create, establish, maintain, and operate
processing, warehousing and marketing facilities in suitable centers and supervise
the selling and buying of Virginia tobacco so that the farmers will enjoy reasonable
prices that secure a fair return of their investments; (d) To prescribe rules and
regulations governing the grading, classifying, and inspecting of Virginia tobacco; and
(e) To improve the living and economic conditions of the people engaged in the
tobacco industry." Republic Act No. 4155, renders even more evident its nature as a
governmental agency. Its first section on the declaration of policy reads: "It is
declared to be the national policy, with respect to the local Virginia tobacco industry,
to encourage the production of local Virginia tobacco of the qualities needed and in
quantities marketable in both domestic and foreign markets, to establish this
industry on an efficient and economic basis, and, to create a climate conducive to
local cigarette manufacture of the qualities desired by the consuming public,
blending imported and native Virginia leaf tobacco to improve the quality of locally
manufactured cigarettes." It is thus readily apparent from a cursory perusal of such
statutory provisions why petitioner can rightfully invoke the doctrine announced in
the leading Agricultural Credit and Cooperative Financing Administration decision
and why the objection of private respondents with its overtones of the distinction
between constituent and ministrant functions of governments. Under this traditional
classification, such constituent functions are exercised by the State as attributes of
sovereignty, and not merely to promote the welfare, progress and prosperity of the
people - these latter functions being ministrant, the exercise of which is optional on
the part of the government.