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.