The Office of the Government Corporate Counsel (OGCC) continues to improve its legal and administrative capabilities by promoting compliance of OGCC lawyers and in-house counsels of Government Owned and Controlled Corporations (GOCCs) with the Mandatory Continuing Legal Education (MCLE) and forging an agreement with SYMFERON, a private corporation, for upgrading OGCC’s case management system.
Government Corporate Counsel (GCC) Alberto Agra says “improvements in the Professional Capability and Docket/Filing System will result in more efficient legal service on the part of the OGCC which will redound to the benefit of its client corporations.” On the other hand, “keeping the lawyers abreast with legal developments will make them better practitioners aside from increasing their capability as lawyers,” he adds.
GCC Agra says “OGCC’s resolve to fast track its development and capabilities is also motivated by the recent enactment of Executive Order No. 596 that strengthened the scope of OGCC’s authority. E.O. No. 596 states that OGCC will continue to act as the principal legal counsel of the Manila International Airport Authority (MIAA) and other government instrumentalities vested with corporate powers and government corporate entities.
He says E.O. 596 is an offshoot of the Supreme Court decision issued on July 20, 2006 that differentiated “government corporate entities” and “government instrumentalities with corporate powers” from Government Owned and Controlled Corporations (GOCCs) with respect to the application of the Local Government Code of 1991 on real estate taxes, and other fees and charges imposed by local government units (LGUs). The high court said that the Manila International Airport Authority (MIAA) cannot be classified as a GOCC because it is neither a stock nor a non-stock corporation.
Under E.O. 596, OGCC shall also be the principal law office of “government instrumentalities vested with corporate powers” or “government corporate entities” such as Manila International Airport Authority (MIAA), Mactan International Airport Authority (MCIA), Philippine Ports Authority (PPA), Philippine Deposit Insurance Corporation (PDIC), Metropolitan Waterworks and Sewerage System (MWSS), Philippine Rice Research Institute (PRRI), Laguna Lake Development Authority (LLDA), Fisheries Development Authority (FDA), Bases Conversion and Development Authority (BCDA), Cebu Ports Authority (CPA), Cagayan de Oro Port Authority (CDOPA), and San Fernando Port Authority (SFPA).
Meantime, GCC Agra says OGCC, being the principal legal counsel of GOCCs, government corporate entities and government instrumentalities vested with corporate powers, will ensure strict compliance with Executive Order No. 556 signed in June 17, 2006.
E.O. 556 was issued in light of the failure of the bidding process in the Camago-Malampaya Oil Drilling Project because the winning bidder was found to have insufficient capital. It amended E.O. 573 that the immediate exploration, development and production of crude oil from the Camago-Malampaya Reservoir.
Agra says E.O. 556 states that no “farm in” or “farm out” contracts shall be awarded by any government agency including the Philippine National Oil Corporation (PNOC) -- one of the clients of OGCC. Agra explains the executive order requires government agencies to follow strict bidding procedure and to clearly disclose the identity and the financial capability of any corporate partner to undertake a project. He emphasizes that any and all negotiations or arrangements that violate E.O. 556 shall be immediately discontinued or cancelled.
