1- LAUREL v DESIERTO

April 12, 2002 G.R. No. 145368

FACTS:

During the Aquino administration, an Administrative Order was issued for the
formation of a committee that would be in charge of the Centennial celebrations. This
was reconstituted during the Ramos administration and was dubbed as the National
Centennial Commission. It was to be chaired by Salvador Laurel and was described
to be an ad-hoc commission, to be dissolved upon the completion of the
centennial celebrations. Consequently, EXPOCORP was incorporated, wherein
Laurel was one of the directors/incorporators.

On a later date, Coseteng delivered a privileged speech in the Senate

alleging anomalies connected with the Centennial celebrations. This was followed by
an investigation by the Blue Ribbon Committee and the Saguisag commission
formed by President Estrada. Both recommended the further investigation and
possible prosecution of Laurel. This led to an investigation by the Ombudsman who
filed a complaint later on against Laurel. Now, Laurel questions the jurisdiction of the
Ombudsman, contending that he is not to be considered a public officer.

ISSUE:

Whether or not Salvador Laurel is guilty of the crime charged?

HELD:

The Ombudsman has the power to investigate any malfeasance, misfeasance, and
non-feasance by a public officer or employee of the government, or of any
subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations.
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 appointment of a portion of sovereign function is
the most important characteristic in determining whether a position is a public office
or not.
The NCC performs executive functions. The executive power is generally 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. The executive function
therefore, concerns the implementation of the policies set forth by law. In relation to
the Administrative Order and Executive Order creating the commission, the policies
and objectives for its creation was set forth. It was not only primarily for
the coordinated planning for a centennial celebration but also for the furtherance
of arts and culture as well as enrichment of national economic development. Clearly,
the NCC performs sovereign functions and its Chair is a public officer.

PUBCORP Digest: Michael John Badajos Andohuyan