DOROMAL VS. SANDIGANBAYAN, G. R. No.

85468, 07 September 1989

Prohibitions [Article VII: Sections 13]

Quintin S. Doromal, a public officer and being a Commissioner of the

Presidential Commission on Good Government, participated in a business
through the Doromal International Trading Corporation (DITC), a family
corporation of which he is the President, and which company participated in
the biddings conducted by the Department of Education, Culture and Sports
(DECS) and the National Manpower & Youth Council (NMYC) .

DITC participated in the biddings to supply equipments to DECS and National

Manpower and Youth Council.

An information was then filed by the Tanodbayan against Doromal for the
said violation and a preliminary investigation was conducted.

The petitioner then filed a petition for certiorari and prohibition questioning
the jurisdiction of the Tanodbayan to file the information without the
approval of the Ombudsman.

ISSUES:

Whether or not the act of Doromal would constitute a violation of the

Constitution.

Ruling:

1. Article VII, Section 13 (1) of the Constitution provides:

The President, Vice-President, the Members of the Cabinet, and their deputies
or assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise,
or special privilege granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest
in the conduct of their office

The presence of a signed document bearing the signature of Doromal as part of

the application to bid shows that he can rightfully be charged with having
participated in a business which act is absolutely prohibited by Section 13 of
Article VII of the Constitution" because "the DITC remained a family
corporation in which Doromal has at least an indirect interest."

CONCLUSION:
Yes, the act of Doromal would constitute a violation of the Constitution
specifically of Section 13 of Article VII.