Laurel vs.

Desierto [GR 145368, April

12, 2002]
Posted by Pius Morados on November 7, 2011
(Public Officers, Chair of National Centennial Commission)
Facts: Petitioner is the Chair of the National Centennial Commission (NCC), tasked to take
charge of the nationwide preparations for the National Celebration of the Philippine Centennial
of the Declaration of Philippine Independence and the Inauguration of the Malolos Congress.
Subsequently, a corporation named the Philippine Centennial Expo 98 Corporation (Expocorp)
was created and Petitioner was elected Expocorp Chief Executive Officer.
An investigation of the anomalies in the construction and operation of the centennial projects
was effected and the Senate Blue Ribbon Committee filed with the Secretary of the Senate its
Committee Final Report recommending for the prosecution by the Ombudsman/DOJ of Dr.
Salvador Laurel, chair of NCC and of EXPOCORP for violating the rules on public bidding, in
violation of the anti-graft law.
The Evaluation and Preliminary Investigation Bureau issued a resolution finding probable cause
to indict petitioner before the Sandiganbayan for conspiring to violate Section 3(e) of Republic
Act No. 3019, in relation to Republic Act No. 1594.
Petitioner assails the jurisdiction of the Ombudsman on the ground that he is not a public officer
because he, both as chairman of the NCC and of the EXPOCORP was not a public officer.
Issue: WON petitioner, as Chair of the NCC, was not a public officer.
Held: No. 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).
The most important characteristic which distinguishes an office from an employment or contract
is that the creation and conferring of an office involves a delegation to the individual of some of
the sovereign functions of government, to be exercised by him for the benefit of the public; that
some portion of the sovereignty of the country, either legislative, executive or judicial, attaches,
for the time being, to be exercised for the public benefit. Unless the powers conferred are of this
nature, the individual is not a public officer.

Certainly, the law did not delegate upon the NCC functions that can be described as legislative or
judicial. We hold that 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 as set forth by law.
The Constitution provides in Article XIV (Education, Science and Technology, Arts, Culture, and
Sports) thereof:
Sec. 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nations historical and cultural heritage and resources, as well as
artistic creations.
In its preamble, A.O. No. 223 states the purposes for the creation of the Committee for the
National Centennial Celebrations in 1998:
Whereas, the birth of the Republic of the Philippines is to be celebrated in 1998, and the
centennial presents an important vehicle for fostering nationhood and a strong sense of Filipino
identity;
Whereas, the centennial can effectively showcase Filipino heritage and thereby strengthen
Filipino values;
Whereas, the success of the Centennial Celebrations may be insured only through long-range
planning and continuous developmental programming;
Whereas, the active participation of the private sector in all areas of special expertise and
capability, particularly in communication and information dissemination, is necessary for longrange planning and continuous developmental programming;
Whereas, there is a need to create a body which shall initiate and undertake the primary task of
harnessing the multi-sectoral components from the business, cultural, and business sectors to
serve as effective instruments from the launching and overseeing of this long-term project;
Hence, the NCC performs sovereign functions. It is, therefore, a public office, and petitioner, as
its Chair, is a public officer.