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.