SALVADOR H. LAUREL, petitioner, vs.HON. ANIANO A.
DESIERTO, in his capacity as
Ombudsman, respondent.
G.R. No. 145368 | 2002 April 12 | KAPUNAN, J.
Prepared by: Sobere, Alyssa Marie J.
TOPIC: The Concept of Public Office – Definitions
DOCTRINE:
The characteristics of a public officer, according to Mechem, include the:
(1) Delegation of sovereign functions — the most important characteristic;
(2) Its creation by law and not by contract;
(3) An oath;
(4) Salary;
a. A salary is a usual but not necessary criterion for determining the nature of the
position (honorary office as opposed to a lucrative office or an office of profit).
(5) Continuance of the position;
(6) Scope of duties; and
(7) Designation of the position as an office.
ANTECEDENT FACTS:
➢ Committee for the National Centennial Celebrations created by Pres. Corazon Quino for
the commemoration of the 100th anniversary of Philippine Independence → later renamed
as the National Centennial Commission (NCC) by Pres. Fidel Ramos.
o Mandate of the NCC: To take charge of the nationwide preparations for the
National Celebration of the Philippine Centennial of the Declaration of Philippine
Independence and the Inauguration of the Malolos Congress.
o Petitioner LAUREL – NCC Chairman
➢ Philippine Centennial Exposition ’98 Corporation (Expocorp) was created → Petitioner
LAUREL was one of the 9 Expocorp incorporators, and was elected as CEO of the same.
➢ [WHAT WENT WRONG] Alleged anomalies in the construction and operation of the
Centennial Exposition Project at the Clark Special Economic Zone.
o The Senate Blue Ribbon Committee filed with the Secretary of the Senate its
Committee Final Report, and among the recommendations therein was the
prosecution by the Ombudsman/DOJ of petitioner LAUREL, chair of NCC and
Expocorp, for violating the rules on public bidding; for existing manifest bias in the
Notice to proceed; and for participating in the scheme to preclude COA audit, in
violation of the anti-graft law. The Saguisag Committee issued its own report
recommending further investigation for violation of R.A. No. 6713 and Art. 217 of
the RPC.
➢ [LAUREL’S INDICTMENT] The Bureau eventually issued a resolution finding probable
cause to indict petitioner before the Sandiganbayan for conspiring to violate Sec. 3(e) of
R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) in relation to R.A. No. 1594.
➢ [LAUREL’S ARGUMENTS]
1. Sandiganbayan has no jurisdiction because he is not a public officer.
2. Expocorp was a private corporation, not a GOCC.
3. NCC was not a public office;
4. Laurel, as chair of both NCC and Expocorp, was not a public officer as defined
under the Anti-Graft and Corrupt Practices Act.
SOBERE, Alyssa Marie J. | 1
Whether petitioner LAUREL is a public officer – YES
Petitioner Laurel is a public officer.
1. Mechem definition: A public office is the right, authority and duty, created and conferred
by law, by which, for a given period, either fixed by law or enduring at the pleasure of the
creating power, an individual is invested with some portion of the sovereign functions of
the government, to be exercised by him for the benefit of the public. The individual so
invested is a public officer.
a. Delegation of sovereign functions (most important)
i. NCC performs executive functions, i.e. the power to enforce and administer
the laws — the power to carry the laws into practical operation and
enforcing their due observance
ii. NCC was precisely created to execute the objective to strengthen the said
Committee to ensure a more coordinated and synchronized celebrations of
the Philippine Centennial and wider participation, and carry them into
effect.
1. Thus, the NCC was vested with the following functions, among
others: To undertake the overall study, conceptualization,
formulation, and implementation of programs and projects on the
utilization of culture arts, literature, and media … in the context of
the Centennial Celebrations.
iii. NCC had a role in the country’s economic development, especially in
Central Luzon. Petitioner himself admitted the same in the oral arguments
before this Court.
b. Its creation by law and not by contract
c. An oath
d. Salary (usual but not necessary criterion)
i. The allegation that petitioner did not receive any compensation during his
tenure is of little consequence.
ii. The position as NCC Chair is characterized as an honorary office, as
opposed to a lucrative office or an office of profit.
e. Continuance of the position
i. It does not matter than the NCC was characterized as an ad hoc body —
the element of continuance cannot be considered as indispensable if the
other elements are present.
f. Scope of duties
g. Designation of the position as an office
Whether NCC is a public office – YES
NCC is a public office.
1. [Laurel’s Argument] Invokes Torio: The holding by a municipality of a town fiesta is a
proprietary rather than a governmental function; hence, the holding of a nationwide
celebration which marked the nation’s 100th birthday may be likened to a fiesta.
2. NCC performs sovereign functions → public office. A town fiesta cannot compare to
the National Centennial Celebrations — the latter was meant to commemorate the birth of
our nation after centuries of struggle against our former colonial master. 1998 marked 100
years of independence and sovereignty. As A.O. 223 put it, it was a vehicle for fostering
nationhood and a strong sense of Filipino identity.
No need to discuss whether Expocorp is a private or public corporation.
SOBERE, Alyssa Marie J. | 2
Having arrived at the conclusion that the NCC performs executive functions and is, therefore, a
public office, there is no need to discuss this issue. Even assuming that Expocorp is a private
corporation, petitioner’s position as CEO arose from his position as Chair of the NCC. His
acts/omissions as CEO of Expocorp must be viewed in light of his powers and functions as NCC
chair.
DISPOSITIVE: Petition DISMISSED.
SOBERE, Alyssa Marie J. | 3
