LAUREL v.

DESIERTO
G.R. No. 145368 April 12, 2002
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 long-range 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.