Laurel vs Desierto
TLDR:
1. The most important element which classifies who may be classified as public officers is w/n one
is invested with some portion of the sovereign functions of the government.
a. Salary is not a necessary element.
b. Element of continuance is not considered indispensable. (As an ad-hoc body, NCC had a
limited life because of being formed for a specific undertaking)
2. The Centennial Celebration may not be likened to a Fiesta. The Court ruled that the fiesta was a
proprietary function and not a governmental function. The surrounding circumstances must
always be considered.
Facts:
1. The National Centennial Commission (NCC) was created by then President Fidel V. Ramos
through the issuance of EO. No. 128. It had the mandate to take charge of nationwide
preparations for the “National Celebration of the Philippine Centennial of the Declaration of
Philippine Independence and the Inauguration of t he Malolos Congress.” (This means that a
committee was created to make a celebration for the year 1998. The Year 1998 marks the 100
years of Philippine Independence.)
2. Salvador H. Laurel was appointed as Chair of the NCC. Subsequently, Philippine Centennial Expo
’98 Corporation (Expocorp) was created and Laurel was elected as Expocorp CEO.
3. Senator Ana Dominique Coseteng delivered a privilege speech in the Senate where she talked
about alleged anomalies in the construction and operation of the Centennial Exposition Project
at the Clark Special Economic Zone. Because of this privilege speech, The Blue Ribbon
Committee and several other Senate Committees conducted their investigation.
4. Due to the investigation, the Committees recommended that the Office of the Ombudsman
should file a formal complaint and conduct a preliminary investigation against Laurel.
5. Laurel questions the Jurisdiction of the Office of the Ombudsman and he filed a motion to
dismiss before the said office. His motion was denied and he now files the present petition for
certiorari. He Contends that:
a. The ombudsman’s may only have jurisdiction over public officers with salary grade 27 or
higher.
b. He is not a public officer because Expocorp was a private corporation and not a GOCC.
c. He is not a public officer because the NCC is not a public office.
Issue:
1. W/N ombudsman has jurisdiction over him.
2. W/N he is a public officer.
Ruling:
1. Ombudsman has jurisdiction over him. The ombudsman has the power to investigate and to
prosecute any act or omission of any public officer or employee when such act or omission appears to be
illegal, unjust, improper, or inefficient. The law (RA 6770) does not make a distinction between cases
cognizable by the Sandiganbayan and those cognizable by regular courts. The clause “any illegal act or
omission of any public official” is broad enough to embrace any crime committed by a public officer or
employee.
2. Yes he is a public officer.
a. As Chair of the NCC
He contends that the characteristic of a public officer are not present namely: 1. The delegation of
sovereign functions; 2. He purportedly did not receive any compensation; 3. Continuance is missing
because the tenure of the NCC was temporary.
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The Court quoted Mechem a recognized authority on the subject and held that an individual
becomes a public officer when such is invested with some portion of the sovereign functions of
the government to be exercised by him for the benefit of the public.
This delegation of sovereign function is the most important characteristic. The Section 15 Article
XIV of the Constitution provides that:
Sec. 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation’s historical and cultural heritage and resources, as well
as artistic creations.
NCC was precisely created to execute the foregoing policies and objectives to carry them into
effect. One of the functions that were vested was the formulation and implementation of
programs and projects on the utilization of culture, arts, literature and media as vehicles for
history, economic endeavors, and reinvigorating the spirit of national unity and sense of
accomplishment in every Filipino in the context of the Centennial Celebrations.
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The NCC was created by virtue of an Executive order which is performing executive functions.
The NCC as an ad-hoc body does not make it less of a public office. Element of continuance is
not considered indispensable. (Penned by Chief Justice Marshall)
Salary is a usual but not a necessary criterion for determining the nature of the position.
b. As CEO of Expocorp (since the above is already concluded, this is assuming arguendo by the court)
Even assuming that Expocorp is a private corporation, Laurel’s position as CEO arose from his
Chairmanship of the NCC. Consequently, his acts or omissions as CEO of Expocorp must be viewed in the
light of his powers and functions as NCC Chair.
3. Other argument:
Fiesta was held as a proprietary function in Torio vs Fontanilla but the case did not intend to lay down an
all-encompassing doctrine. The same case also stated that there are no hard and fast rule on ruling on
the true nature of an undertaking. Surrounding circumstances plus political, social, and cultural
backgrounds must be considered.
A town fiesta cannot compare to the National Centennial Celebrations which was meant to
commemorate the birth of our nation after centuries of struggle against our former colonial master. It is
a grand celebration and the year 1998 marked the 100 years of independence and sovereignty of our
country. It was a “vehicle for fostering nationhood and a strong sense of Filipino identity.” Clearly the
NCC performs sovereign functions.