The
BSP is a public corporation or a government agency or instrumentality with
juridical personality, which does not fall within the constitutional
prohibition in Article XII, Section 16, notwithstanding the amendments to its
charter. Not all corporations, which are
not government owned or controlled,
are ipso facto to be considered
private corporations as there exists another distinct class of corporations or
chartered institutions which are otherwise known as “public corporations.” These corporations are treated by law as
agencies or instrumentalities of the government which are not subject to the
tests of ownership or control and economic viability but to different criteria
relating to their public purposes/interests or constitutional policies and
objectives and their administrative relationship to the government or any of
its Departments or Offices.
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