FACTS:
The Coconut Industry Investment Fund (CIIF) companies failed to comply with its contract agreement with the International Towage and Transport Corporation (ITTC) for the transport of coconut oil in bulk. ITTC Executive Vice President Manuel Leyson, Jr. filed a complaint with the Office of the Ombudsman for breach of contract, among others. The complaint was dismissed.
ISSUE(S):
Whether or not the Office of the Ombudsman has jurisdiction to further act on the complaint.
HELD:
NO. All three corporations comprising the CIIF companies were organized as stock corporations. The UCPB-CIIF owns 44.10% of the shares of Legaspi Oil, 91.24% of the shares of GranExport, and 92.85% of the shares of United Coconut. Obviously, the below 51% shares of stock in Legaspi Oil removes it from the definition of a government-owned or controlled corporation. There is no showing that GranExport and United Coconut was vested with functions relating to publi cneeds whether governmental or proprietary in nature. Thus, the CIIF companies are private corporations not within the scope of the Ombudsman’s jurisdiction.
