Salvador Laurel v.

Aniano Desierto
GR 145368
April 12, 2002

Facts:

 AO 223 was issued in 1991 to constitute a Committee for the preparation of the
National Centenial Celebration in 1998 by then President Aquino.
 EO 128 was issued in 1998, reconstituting the Committee for the preparation of the
National Centennial Celebrations in 1998, where VP Salvador Laurel, P Diosdado
Macapagal and Corazon Aquino were named Honorary Chairpersons.
 It is an ad hoc committee which is tasked to be in charge of the preparations for the
National Celebration of the Philippine Centennial of the Declaration of Philippine
Independence and the Inauguration of the Malolos Congress.
o EO 128 likewise provided for staff support and funding. Personnel are detailed
from the PMS, NCAA, and National historical Institute headed by an ED
designated by the President.
o It is to be funded from DOT and the President’s Contingent fund. Appropriations
shall be incorporated in the budget of the OP for succeeding years.
 A corporation was made named Phil Centennial Expo 1998. Salvador laurel was one of
the incorporators and directors. He was elected CEO.
 Due to a privilege speech delivered by Senator Coseteng, it was alleged that there were
anomalies in the construction of the Exposition Project at the Clark Special Economic
Zone.
 Furthermore, President Joseph Estrada issued AO 35, which created an ad hoc
committee to investigate the facts and circumstances surrounding the Phil. Centennial
Projects.
 As a finding by the Senate Blue Ribbon Committee, it was recommended that
prosecution of Dr. Salvador Laurel was in order for violating the rules on public bidding
relative to the award of centennial contracts FOR exhibiting manifest bias in the
issuance of the NTP sans the valid contract.
 Saguisag Committee recommended further investigation by the Ombudsman violation
of RA 3019 Section 4A.
 Both reports were forwarded to to the Ombudsman Intelligence Bureau. It is
recommended that a formal complaint be filed to against Salvador Laurel and co. with
Fact Finding and Intelligence Bureau of the Ombudsman as the nominal complainant.
 Petitioner questioned the jurisdiction of the Office of the Ombudsman.
 Petitioner filed the petition for certiorari. Meanwhile, a resolution to indict Salvador
Laurel before the Sandiganbayan was issued for violating Section 3e of Republic Act No.
3019.
Issue: WON Laurel is a public officer and held a public office.

Ruling:

 The Ombudsman has the power to investigate any malfeasance, misfeaseance, and non-
feasance by a public officer or employee of the government or of any subdivision,
agency, or instrumentality thereof, including GOCCs.
 As defined by Mechem, Public Officer is defined as:
o “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.”
 The characteristics of a public office:
o Delegation of sovereign functions1
o Creation by law and not by contract
o An oath,
o Salary2
o Continuance of the position3
o Scope of duties,
o Designation of the position as an office.
 The first function is the most important characteristic in determining w/o an office is
public office or not as some characteristic of the government either exec, legis, or
judiciary is present in the function assigned.
 NCC performs executive functions. Executive power is defined as the power to enforce
and administer the laws. It is the power of carrying the laws into practical operation and
enforcing their due observance. It is likewise created by a virtue of an executive order,
which has the nature which the implementation or execution of constitutional or
statutory power is done through.
 Likewise, the NCC played a role in economic development. (in central Luzon in the
eruption of Mt. Pinatubo.)
 Likening the celebration of the Centennial is akin to a town fiesta which is a proprietary
than a governmental function. American jurisprudence stated that the explosion of a
firework which killed a person was a governmental function by a municipal corporation.
The Centennial cannot be compared to a simple fiesta.
 NCC performs sovereign functions. It is a public office and as the chair, is a public officer.

1
Petitioner allegedly did not have this
2
Petitioner allegedly did not have this
3
Petitioner allegedly did not have this