Law 156 Pub Off and Election Law
Javier v. Sandiganbayan
Sept 11, 2009, Peralta J.
Topic: What is a public office, who is a public
officer?
PET, appointed by the Pres. as representative of the
private sector in the Nat’l Book Dev’t Board, was paid
travelling expenses to attend a book fair in Spain as
part of her duties. But she wasn’t able to attend such.
She was then advised to return the cash advance but
she failed to do so. So she was charged with
malversation and violation of RA3019 before SB. She
filed MTQ, arguing that SB had no jurisdiction as she
is not a public officer. It was denied. SC held she is a
public officer. Notwithstanding that she came from
private sector to sit as member of NBDB, the law
invested her with some portion of the sovereign
functions of gov’t.
FACTS:
- RA 8047 (Book Publishing Industry Dev’t
Act) was enacted to promote dev’t of the
book publishing industry through active
participation of private sector.
It provided for the creation of Nat’l Book Devt
Board (NBDB), composed of 11 members to be
appointed by the Pres. – 5 coming from gov’t, 6
chosen from nominees of organizations of
private book publishers, etc
- Carolina R. Javier was appointed to the
Board as private sector representative for
1-year term. During that time she was also
the President of Book Suppliers Assoc. of
the PH. 
 c) formulate policies, guidelines and mechanisms
- Part of her functions is to attend book fairs
to establish linkages with int’l book
publishing bodies. 
 and number and for whatever purpose;
- She was issued with a travel authority to
attend Madrid Int’l Book Fair. She was paid
P139, 199 as 
travelling expenses. But she
was not able to attend it. 

- Resident Auditor advised PET to return
the cash advance but PET failed to do so. 
 publishing industry;
gdreyes
- Exec. Dir. of the Board filed with OMB a
complaint against PET for Malversation.
COA also charged 
PET with Malversation.
Two Information were filed before SB:
violations of Sec. 3(e), RA 3019 and 
of Art.
217, RPC. 

- PET filed MTQ, averring: that SB has no
jurisdiction over the case as Info did not
allege that she is a 
public official with
SG27 or higher; that she is not a public
officer or EE as she belongs to the Board
only as a private sector representative; that
she doesn’t perform public functions; that
she is serving the private book publishing
industry by advancing their interest as
participant in govt’s book dev’t policy 

- SB 1st Division denied MTQ. 

- In this petition, PET argues that she is not
a public officer – that among the 11 basic
purposes 1 in 
Sec.4, RA 8047, her only
1 a) assume responsibility for carrying out and
implementing the policies, purposes and objectives
provided for in this Act;
b) formulate plans and programs as well as
operational policies and guidelines for undertaking
activities relative to promoting book development,
production and distribution as well as an incentive
scheme for individual authors and writers;

to ensure that editors, compilers and especially
authors are paid justly and promptly royalties due
them for reproduction of their works in any form


d) conduct or contract research on the book
publishing industry including monitoring,
compiling and providing data and information of
book production;

e) provide a forum for interaction among private
publishers, and, for the purpose, establish and
maintain liaison will all the segments of the book


f) ask the appropriate government authority to
ensure effective implementation of the National
Law 156 Pub Off and Election Law gdreyes

function is to obtain priority status for the

Book Development Plan;
 book publishing industry. During her
appointment to the Board, she was
g) promulgate rules and regulations for the
President of BSAP. 

implementation of this Act in consultation with
other agencies concerned, except for Section 9
hereof on incentives for book development, which ISSUE:
shall be the concern of appropriate agencies WON PET is a public officer? – YES.
involved;

RATIO:
h) approve, with the concurrence of the
Department of Budget and Management (DBM),
The powers of NBDB under RA 8047 are
the annual and supplemental budgets submitted to in the nature of public functions
it by the Executive director;
 - The Governing Board is the gov’t agency
created by RA 8047 to develop PH book
i) own, lease, mortgage, encumber or otherwise publishing industry. 2
real and personal property for the attainment of its
purposes and objectives;

PET is a public officer.
j) enter into any obligation or contract essential to - A public office is the right, authority and
the proper administration of its affairs, the conduct duty, created and conferred by law, by
of its operations or the accomplishment of its which, for a given period, either fixed by
purposes and objectives;
 law or enduring at the pleasure of the
creating power, an individual is invested
k) receive donations, grants, legacies, devices and
similar acquisitions which shall form a trust fund with some portion of the sovereign
of the Board to accomplish its development plans functions of the government, to be
on book publishing;
 exercised by him for the benefit of the
public. The individual so invested is a public
l) import books or raw materials used in book officer. 

publishing which are exempt from all taxes,
customs duties and other charges in behalf of
persons and enterprises engaged in book - Notwithstanding that PET came from
publishing and its related activities duly registered private sector to sit as member of NBDB,
with the board; 
 the law invested her with some portion of
the sovereign functions of gov’t, so that
m) promulgate rules and regulations governing the government’s purpose is achieved – to
matter in which the general affairs of the Board are
enhance book publishing industry 

to be exercised and amend, repeal, and modify
such rules and regulations whenever necessary;

- The purpose of the law for appointing
n) recommend to the President of the Philippines members from the private sector is to
nominees for the positions of the Executive ensure that they are also properly
Officer and Deputy Executive Officer of the represented in the implementation of gov’t
Board; 

objectives to cultivate the book publishing
o) adopt rules and procedures and fix the time and industry 

place for holding meetings: Provided, That at least
one (1) regular meeting shall be held monthly;
 Pursuant to the Anti-Graft Law
definition3, one is a public officer if one
p) conduct studies, seminars, workshops, lectures,
conferences, exhibits, and other related activities
q) exercise such other powers and perform such
on book development such as indigenous
other duties as may be required by the law
authorship, intellectual property rights, use of
alternative materials for printing, distribution and 2 Id.


others; and 

Law 156 Pub Off and Election Law
has been elected or appointed to a public
office 
 canceled Madrid book fair.
- PET was appointed by the Pres. to the
NBDB. Though her term is only for a year,
that doesn’t make her a private person
exercising a public function. 

- The fact that she’s not receiving a monthly
salary is also of no moment. RA 8047
provides that NBDB members shall receive
allowances for every meeting attended. 
 - PET Preclaro was hired by the DOST as a
- Under Anti-Graft Law, the nature of one’s
appointment, and whether the
compensation one receives from gov’t is
nominal, is immaterial – person so
elected/appointed is still a public officer 
 remain in effect up to the end of the
Under the RPC definition 4 , PET is a
public officer 

- Where PET performs public functions in
pursuance of the objectives of RA 8047, she
is a public officer who takes part in the
performance of public functions in the gov’t


- During her tenure, she took part in the
drafting and promulgation of rules and
regulations implementing RA 8047. She was
3 “includes elective and appointive officials
and EEs, permanent or temporary, whether
in the classified or unclassified or exempt
service receiving compensation, even
nominal, from gov’t”


4 “any person who, by direct
provision of law, popular election, or
appointment by competent
authority, shall take part in the
performance of public functions in
the Gov’t xxx , or shall perform in
said gov’t or in any of its branches
public duties as an EE, agent, or
subordinate official, of any rank or
class” 

gdreyes
supposed to represent the country in the
DISPOSITIVE 
PET is a public officer. SB’s
denial of MTQ affirmed. 

Preclaro v. Sandiganbayan
Aug 21, 1995, Kapunan J.
FACTS:
Project Manager to supervise the
construction of the ITDI-CMD (JICA)
Building within the DOST Compound.
- Under a written contract of services to
construction period unless sooner
terminated.
- Paid a monthly salary

- Not required to use the bundy clock to
record his hours of work
- Did not take an oath of office
- DOST contracted the services of Jaime Sta.
Maria Construction Company. 

- While the Company’s Project Engineer
(Resoso) was evaluating a Change Order for
some electricals, PET Preclaro insinuated
that the resulting expenses will be
deductive (meaning, 
charged to the
contractor by deducting from the contract
price).

- PET Preclaro intimated that he can forget
about the matter provided he gets P200k,

a chunk of the contractor's profit which he
roughly estimated to be around P460k. 

- The Project Engineer and the Company
owner went to the NBI to report the
incident and 
they planned an entrapment
operation. 

Law 156 Pub Off and Election Law gdreyes

They met PET Preclaro at a Wendy’s fitness utilized for the career
Restaurant and the latter was accosted service; and 

from the 
moment he received the b) tenure which is limited to a
envelopes dusted with fluorescent powder. period specified by law, or which is

 coterminous with that of the
appointing authority or subject to
PET Preclaro was charged before the his pleasure, or which is limited to
Sandiganbayan with a violation of Sec. 3(b) the duration of a particular
of R.A. 
No. 3019 or the Anti- Graft and project for which purpose
Corrupt Practices Act. 
 employment was made. 

He is now claiming that the Sandiganbayan
does not have jurisdiction because he is not Non-career service includes:
a 
public officer.
 a) Elective officials and their personal or
confidential staff; 

- He was neither elected nor appointed and b) Secretaries and other officials of
he was merely hired on a contractual basis Cabinet rank who hold their positions at the

 
pleasure of the President and their
personal or confidential staff(s); 

ISSUE:
 c) Chairman and members of
WON PET Preclaro is a public officer commissions and boards with fixed terms
subject to the jurisdiction of the of office 
and their personal or confidential
Sandiganbayan? – YES. He would fall staff; 

under the category of Non-Career d) Contractual personnel or those whose
Service. employment in the government is in

accordance with a special contract to
RATIO: undertake a specific work or job, requiring
PET Preclaro miscontrues the definition of special or technical skills not available in
"public officer" in R.A. No. 3019 which, the employing agency, to be accomplished
according to Sec. 2(b) thereof "includes within a specific period, which in no case
elective and appointive officials and shall exceed one year, and performs or
employees, permanent or temporary, accomplishes the specific work or job,
whether in the classified or unclassified or under his own responsibility with a
exemption service receiving compensation, minimum of direction and supervision from
even nominal, from the government...." 
 the hiring agency; and 
e) Emergency and
seasonal personnel. 

- The word "includes" used in defining a
public officer in Sec. 2(b) indicates that the - Thus PET Preclaro falls under the non-
definition is not restrictive. 
 career service category (formerly termed
the 
unclassified or exemption service) of
- The terms "classified, unclassified or the Civil Service and thus is a public officer.
exemption service" were the old categories 

of positions in the civil service which have - It is irrelevant that he is not required to
been reclassified into Career Service and record his working hours by means of a
Non- Career Service. 
 bundy 
clock or that he did not take an
oath of office. 

Non-career service is characterized by: 

a) Entrance on bases other than DISPOSITIVE 
Sandiganbayan Decision is
those of the usual test of merit and AFFIRMED. 

Law 156 Pub Off and Election Law gdreyes

Laurel v. Desierto
April 12, 2002, Kapunan J. o This was referred to the Blue
Ribbon Committee. 

Laurel was appointed Chair of NCC and voted as CEO
of Expocorp. The Ombudsman found probable cause to
indict him for violation of RA 3019 and other laws for - AO 35 was also issued by Pres. Estrada
alleged anomalies in the operation of the Centennial creating an ad hoc and independent
Exposition Project at Clark. An Information was citizens’ 
committee to investigate all the
ordered to be file against him. Laurel questions the facts and circumstances surrounding the PH
jurisdiction of Ombudsman over him arguing that he
is not a “public officer”. SC held that Ombudsman has
centennial 
projects (Sen. Saguisag was
jurisdiction and that Laurel is a public officer. It appointed Chair) 

looked primarily into the nature of the office of NCC
and found that it performs sovereign functions The Blue Ribbon Committee and the
executive in nature. Being the chair of a public office, Saguisag Committee both recommended the
it follows that Laurel is a public officer.

prosecution by the Ombudsman of Laurel
for violation of anti-graft law and the RPC.

FACTS:
- Pres. Cory Aquino issued AO 123
o Their reports were referred to the
constituting a Committee for the
Fact-finding and Intelligence Bureau
preparation of the National Centennial
of the Office 
of the Ombudsman
Celebration.5 

(FFIB) 

- This committee was reconstituted thru EO
- FFIB then issued its Evaluation Report
128 issued by Pres. Ramos and was
recommending that a formal complaint and
renamed as the “National Centennial
PI be 
conducted before the Evaluation and
Commission” (NCC). 

Preliminary Investigation Bureau (EPIB),
Office of the Ombudsman, against Laurel,
o VP Salvador Laurel was appointed
former ExpoCorp Pres Peña, and AK
as Chair. 

President Edgardo Angeles for violation of
RA 3019. 

- Subsequently, a corporation named as PH
Centennial Expo ’98 Corporation
o EPIB then directed Laurel to
(ExpoCorp) 
was created.

submit his counter-affidavit and
those of his witnesses. 

o Laurel was among the 9
incorporators and was elected CEO.
- Laurel filed with the Ombudsman a Motion


to Dismiss questioning the jurisdiction of
said 
office. 

- Senator Ana Coseteng delivered a privilege
speech in the Senate denouncing alleged
o This and MR were denied. So
anomalies in the construction and
Laurel filed this petition for
operation of the Centennial Exposition
certiorari.
Project at the Clark Special Economic Zone.


- Meanwhile, EPIB issued a Reso finding
probable cause to indict Laurel before the
5It was tasked to take charge of the nationwide Sandiganbayan. Also directed than an
preparations for the National Celebration of the PH
information for violation of RA 3019 in
Centennial of the Declaration of PH Independence
and the Inauguration of the Malolos Congress. 
 relation to RRA 
1594 be filed against
Law 156 Pub Off and Election Law gdreyes

Laurel. This was approved by the - NCC also played a role in the country’s
Ombudsman. 
 economic development especially in Central
Luzon 
(generated employment and
- LAUREL argues that Ombudsan has no attracted business investments)

jurisdiction over him as he is not a “public o No dispute that promotion of
officer”: 
 industrialization and full employment is
a 
fundamental state policy. 

o ExpoCorp was a private corporation,
not a GOCC o NCC was not a public office - Laurel invokes Torio v. Fontanilla which
held that the holding by a municipality of a
ISSUE: town 
fiesta is a proprietary rather than a
WON Ombudsman has jurisdiction over governmental function. He argues that the
Laurel? YES. NCC is a public office. Laurel, holding of a nationwide celebration which
as its Chair, is therefore a public officer. marked the nation’s 100th birthday may be

 likened to a national fiesta which involved
only the exercise of the national
RATIO: 
 government’s proprietary function. 

Public office 

- Definition by Mechem o SC: Torio did not intend to lay
down an all-encompassing doctrine.
Characteristics: There can be no hard and fast rule
(1) delegation of sovereign functions, for determining the true nature of an
(2) creation by law and not by 
contract, undertaking or function of a
(3) an oath, salary, continuance of the municipality; the surrounding
position, scope of duties, and circumstances of a particular case
(4) 
designation of the position as an office. are to be considered. 



o A town fiesta cannot compare to
- Delegation of some sovereign functions of the National Centennial
government is the most important Celebrations. The latter was meant
characteristic. 
 to commemorate the birth of our
nation after centuries of struggle
NCC performs a sovereign function against our former colonial master,
executive in nature 
 to memorialize the liberation of our
- “executive power”- concerns the people from oppression. The
implementation of the policies as set forth Celebrations was on occasion to
by law 
 reflect upon our history and
reinvigorate our patriotism.
- The NCC was precisely created to execute
policies and objectives enshrined in the - Also, the fact that Laurel allegedly did not

Constitution:
 receive any compensation during his tenure
is of little consequence.
o Sec 15, Art XIV: x x x The State
shall conserve, promote, and o A salary is a usual but not a
popularize the 
nation’s historical necessary criterion for determining
and cultural heritage and resources, the nature of the position. It is not
as well as artistic creations. 
 conclusive.
Law 156 Pub Off and Election Law
o The salary is a mere incident and
forms no part of the office. Hence,
the office of Laurel as NCC Chair may
be characterized as an honorary
office, as opposed to a lucrative
office (to which salary,
compensation, or fees are attached).
- Neither is the fact that NCC was
characterized by EO 128 as an “ad-hoc
body” make said commission less of a
public office.
o The element of continuance cannot
be considered indispensable, for, if
the other elements are present it can
make no difference whether there be
but one act or a series of acts to be
done,-- whether the office expires as
soon as the act is done, or is to be
held for years or during good
behavior (CJ Pearson)
- Since NCC is a public office, there is no
longer a need to delve on the issue of w/n
Expocorp is a private or public corporation.
Even assuming it is a private corp, Laurel’s
position as CEO arose from his
chairmanship of NCC.
o Hence, his acts or omissions as
CEO of Expocorp must be viewed in
light of his powers and functions as
NCC Chair.
NOTE: SC clarified the jurisdiction of the
Ombudsman.
 anomalies (i.e. lack of public bidding), the
- The power to investigate and to prosecute
granted by law to the Ombudsman is
plenary and unqualified. It pertains to 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 does not make a
distinction between cases cognizable by the
Sandiganbayan and those cognizable by
regular courts.
gdreyes
DISPOSITIVE
Affirmed. Petition dismissed.
People v. Morales
May 30, 2011, Brion J.
The President of Expocorp, a corporation organized to
establish and operate the Philippine Centennial
project was charged with violations of RA 3019. The
Court held that Expocorp is a private corporation
which brings Morales, the president of Expocorp, out
of the jurisdiction of the Sandiganbayan.
FACTS:
- 1991 – Pres. Aquino issued AO 223
creating the Committee for the National
Centennial Celebrations in 1998. 

- 1993 – Pres. Ramos issued EO 128
reconstituting the Committee (National
Centennial Commission or NCC) to take
charge of the nationwide preps for the
national celebration of the Philippine
Centennial of the Declaration of
Independence 
o Former VP Laurel was
appointed as NCC Chairman 

- 1996 – NCC and the Bases Conversion
Development Authority (BCDA) organized
the 
Philippine Centennial Expo ’98 or
Expocorp for the Philippine Centennial
project 

- Marred with numerous allegations of
Senated 
Blue Ribbon Committee, Pres.
Estrada’s Ad Hoc Independent Citizen’s
Committee and eventually the Ombudsman
investigated. 
o Ombudsman filed an
Information against Expocorp’s President
RESP Morales for violating Sec. 3(e) of RA
3019 

Sandiganbayan: It has jurisdiction. Morales
is being charged as president of Expocorp, a
Law 156 Pub Off and Election Law gdreyes

private corporation, and not as an NCC o A GOCC must be owned by the

official. Petition dismissed. 
 government, and in the case of a
stock corporation, at least majority
of its capital stock must be owned by
the government
People argues:
Sandiganbayan has no jurisdiction
Expocorp was an extension of the NCC as - The Sandiganbayan has jurisdiction over
provided in the former’s AOI which states criminal and civil cases involving graft and
that its primary purpose was to establish corrupt practives and such other offenses
and operate Expo ’98 (Centennial project) – committed by public officers and
an NCC project
o In Laurel v Desierto, VP employees, including GOCCs, in relation to
Laurel, as CEO of Expocorp, was declared a their office (Art. XIII, Sec. 5, 1973 Const.) 

public official as his position arose from his
chairmanship of NCC. Since Expocorp
- Also over violations of RA 3019 where one
performed part of NCC’s delegated
or more of the accused are officials
sovereign function it follows that Morales
occupying the following positions in the
performed tasks which fall within the
government at the time of the commission
contemplation of the government’s
of the offense: Presidents, directors, or
sovereign power.
trustees, or managers of GOCCs, state
universities or educational institutions or
ISSUE: foundations (RA 8249) 

- W/N Expocorp is a private corporation. –
YES. 
 - Morales, as Expocorp’s president, is
beyond the Sandiganbayan’s jurisdiction. 

- W/N the Sandiganbayan has jurisdiction. –
NO. Expocorp is a private corporation. DISPOSITIVE 
Petition DISMISSED. 


RATIO 
Expocorp is a private
corporation, not a GOCC. 


RATIO:

- It was not created by a special law but was

incorporated under the Corporation Code
and registered with the SEC. 


- While BCDA owned 99,991 shares of

Expocorp, the BOD allowed Global, a private
corp, to buy 1,22,998 of its unsubscribed
shares two months after incorporation.
Hence Global was the majority stockholder,
and thus Expocorp cannot be categorized as
a GOCC.