Dir. Ficeto F. Festin

April 10, 1995 Dir. Ficeto F. Festin The Arsenal Department of National Defense Camp General Antonio Luna Limay, Bataan S i r : This refers to your letter of March 31, 1995 inquiring whether the Government Arsenal ,which was created by virtue of Republic Act No. 1884 (An Act To Establish a Government Arsenal Provide For Its Operation And For Other Purposes), can legally sell ammunition locally or abroad enter into a joint venture as a bureau without prior SEC registration, and requirements to be complied before it can sell its products and form business alliances. Please be advised that the Commission, in the case of Alfredo C. Gray, Sr. vs. Augustine Marking, et al., SEC Case No. 2102 dated March 9, 1982 previously ruled that it has no jurisdiction over corporation created by special laws or charter. In line with this ruling, the Commission has consistently declined to rendered opinion on queries involving entities created by special laws or charters. We, therefore, regret that since the "Government Arsenal" was created by virtue of a special law we cannot render appropriate opinions on the issues raised in your letter. However, it is suggested that the same be addressed to the Office of the Government Corporate Counsel considering that under P.D. 1415 that Office is the principal law office of all government-owned or controlled corporation created by special law. llcd Very truly yours, (SGD.) FE ELOISA C. GLORIA Associate Commissioner