Aug 9, 2018

Javier v. SB
 Appointed in National Book Development Board as private sector rep, she was also president of
book supplier’s association BSAP
 Was paid $139k as travel expense to spain book fair, she did not attend and failed to return the
money. Was issued Summary of disallowances
 OMB Charged her with viol of section 3e anti graft (comp field by NBDB) and Malversation of
public funds (by CoA)
 Defense: she was not a public officer, double jeopardy
o stressing that her only function among the eleven (11) basic purposes and objectives
provided for in Section 4, R.A. No. 8047, is to obtain priority status for the book publishing
industry
Held
- A perusal of the above powers and functions leads us to conclude that they partake of the nature
of public functions. 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.
o Notwithstanding that petitioner came from the private sector to sit as a member of the
NBDB, the law invested her with some portion of the sovereign functions of the
government, so that the purpose of the government is achieved. In this case, the
government aimed to enhance the book publishing industry as it has a significant role in
the national development.
- definition of a public officer pursuant to the Anti-Graft Law, which provides that a public
officer includes elective and appointive officials and employees, permanent or temporary, whether
in the classified or unclassified or exempt service receiving compensation, even nominal, from the
government
o Appointive official --Petitioner was appointed by the President to the Governing Board of
the NDBD. Though her term is only for a year that does not make her private person
exercising a public function.
o Term - Though her term is only for a year that does not make her private person
exercising a public function
o Compensation immaterial - Section 7, R.A. No. 8047 provides that members of the
Governing Board shall receive per diem and such allowances as may be authorized for
every meeting actually attended and subject to pertinent laws, rules and regulations
- RPC Definition: any person who, by direct provision of the law, popular election, popular election
or appointment by competent authority, shall take part in the performance of public functions in
the Government of the Philippine Islands, or shall perform in said Government or in any of its
branches public duties as an employee, agent, or subordinate official, of any rank or classes
o Javier is a public officer who takes part in the performance of public functions in the
government whether as an employee, agent, subordinate official, of any rank or classes.
Also took part in promulgation of rules
Preclaro v SB
Facts: Accused is a project manager/consultant of the Chemical Mineral Division, Industrial Technology
Development Institute, Department of Science and Technology, a component of the Industrial
Development Institute which is an agency of the DOST.

He is to supervise the construction of the ITDI-CMD building, while the Jaime Sta. Maria Construction
undertook the construction. The structure is jointly funded by the Philippine and Japanese Governments.

While the said construction has not yet been completed, accused either directly requested and/or
demanded for himself the sum of P200,000.00, claimed as part of the expected profit of the contractor.

Petitioner was charged for violation of the Anti-Graft and Corrupt Practices Act Section 3, paragraph
(b) for committing said offense in relation to the performance of his official duties.

Petitioner asserts in a petition for review that he is not a public officer because he was neither elected nor
appointed to a public office, but merely a private individual hired by the ITDI on contractual basis for a
particular project and for a specified period. Hence the Sandiganbayan erred in taking cognizance of the
case.

Section 2 (b) of RA 3019 defines a public officer to “include elective and appointive officials and
employees, permanent or temporary, whether in the classified or unclassified or exemption service
receiving compensation, even nominal, from the government…”

Issue: WON a private individual hired on a contractual basis by the government is a public officer.

Held: Yes. The word “includes” used in defining a public officer indicates that the definition is not
restrictive. The terms “classified, unclassified or exemption service” were the old categories of
position in the civil service which have been reclassified into Career Service and Non-Career Service by
PD 807 providing for the organization of the Civil Service Commission by the Administrative Code of
1987.

A private individual hired on a contractual basis as Project Manager for a government undertaking
falls under the non-career service category of the Civil Service and thus is a public officer as
defined by Sec 2(b) of RA 3019.

Under Book V, Title I, Subtitle A, Chapter 2, Sec 6(2) of the Administrative Code of 1987, non-career
service in particular is characterized by 1) entrance other than those of the usual test of merit and
fitness utilized for the career service; and 2) tenure which is limited to a period specified by law, or which
is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the
duration of a particular project for which purpose employment was made.

Section 9(4) of the same provides that Non-Career Service It shall include Contractual personnel or
those employment in the government is in accordance with a special contract to undertake a
specific work or job, requiring special or technical skills not available in the employing agency, to
be accomplished within a specific period, which in no case shall exceed one year, and performs or
accomplishes the specific work or job, under his own responsibility with a minimum of direction and
supervision from the hiring agency.

Among petitioner's duties as project manager is to evaluate the contractor's accomplishment

reports/billings hence, as correctly ruled by the Sandiganbayan he has the "privilege and authority to
make a favorable recommendation and act favorably in behalf of the government," signing
acceptance papers and approving deductives and additives are some examples.
Laurel v. Desierto
GR No. 145368, April 12, 2002

Facts:
Petitioner Vice-President Salvador Laurel was appointed as chair of a body constituted for the
preparation of the National Centennial celebration in 1998. He was subsequently appointed as the
Chairman of ExpoCorp., and was one of the nine (9) incorporators. A controversy erupted on the alleged
anomalies with the bidding contracts to some entities and the petitioner was implicated. By virtue of
an investigation conducted by the Office of the Ombudsman, the petitioner was indicted for alleged
violation of the Anti-Graft and Corrupt Practices Act (RA 3019). The petitioner filed a Motion to
Dismiss questioning the jurisdiction of the Office of the Ombudsman, which was denied. He further filed a
motion for reconsideration which was also denied, hence this petition for certiorari.

The petitioner assails the jurisdiction of the Ombudsman and contended that he is not a public
officer since ExpoCorp is a private corporation.

Issue: W/N the petitioner is a public officer

Omb has primary jrsdn over cases cognizable by the Sb. 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. - Mechem

Yes, the Ombudsman has jurisdiction over the case of the petitioner since he is a public officer. The NCC
is an office performing executive functions since one of its mandate is to implement national
policies. E.O. No. 128, reconstituting the Committee for the National Centennial Celebrations in 1998,
cited the need to strengthen the said Committee to ensure a more coordinated and synchronized
celebrations of the Philippine Centennial and wider participation from the government and non-
government or private organizations.
Moreover, the said office was established by virtue of an executive order. It is clear that the NCC
performs sovereign functions, hence it is a public office. Since petitioner is chair of the NCC, he is
therefore a public officer. Torio case holding that fiesta is proprietary not governmenta function cannot
be invoked. Fiesta cannot compare to a centennial celeb

Term -The fact that the NCC was characterized by EO 128 as an 'ad-hoc body' make it less of a
public office.
- element of continuance can not be considered as 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 one act is done, or is to be held for years or during
good behavior.

Compensation - Definition of PO as one receiving compensation is only for purposes of RA3019 and not
related to OMB jrsdn. There are other laws defining PO.
People v. Morales
G.R. No. 166355
Expocorp established to operate, administer, manage and develop the Philippine Centennial
International Exposition 1998. Luis Morales – acting president

Info charged against Morales for violation of Section 3(e) of Republic Act (R.A.) No. 3019 – issued a
Mercedes benz for official use sold to Lejano w/o public bidding or approval of BOD and no deposit of
proceeds.
Defense: Expocorp is private corp and that he is not a public employee or official. No Omb jrsdn
because is a private individual who has not been charged jointly with other public officials. No
compensation received.

SB resolution: expocorp = private corp majority held by Global Clark, not created by special law. Info v
Morales dismissed.

Held – Expocorp is private corp , beyond SB jrsdn

- Expocorp is private corp registered with sec. no special law, no charter. Originally owned by
BCDA but subsequently allowed global to buy majority shares so cannot be deemed GOCC
- Ra8249 Sec. 4 Jurisdiction. The Sandiganbayan shall exercise exclusive original jurisdiction in all
cases involving: viol of Ra 3019 - (1) Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as Grade '27' and higher, including: g)
Presidents, directors or trustees, or managers of government-owned or -controlled corporations,
state universities or educational institutions or foundations;
- Since Expocorp is a private corporation, not a government-owned or controlled corporation,
Morales, as Expocorps president who now stands charged for violating Section 3(e) of R.A. No.
3019 in this capacity, is beyond the Sandiganbayans jurisdiction.