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.