Javier v Sandiganbayan (SB) and People 001

GR No. 147026-27, Sept. 11, 2009, Peralta, J.

Digested by Jett Law 156 PubOff
Topic: What is a public office, who is a public officer

PET, appointed by the Pres. as representative of the private sector in the Natl Book Devt Board, was paid
travelling expenses to attend a book fair in Spain as part of her duties. But she wasnt 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 govt.

FACTS
RA 8047 (Book Publishing Industry Devt Act) was enacted to promote devt of the book publishing
industry through active participation of private sector
o It provided for the creation of Natl Book Devt Board (NBDB), composed of 11 members to
be appointed by the Pres. 5 coming from govt, 6 chosen from nominees of organizations of
private book publishers, etc
PET 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.
Part of her functions is to attend book fairs to establish linkages with intl book publishing bodies.
She was issued with a travel authority to attend Madrid Intl 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.
Exec. Dir. of the Board filed with OMB a complaint against PET for Malversation. COA also charged
PET with Malversation. Two Informations 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 doesnt perform public functions; that she is serving
the private book publishing industry by advancing their interest as participant in govts book devt
policy
SB 1st Division denied MTQ.
In this petition, PET argues that she is not a public officer that among the 11 basic purposes1 in
Sec.4, RA 8047, her only function is to obtain priority status for the book publishing industry. During
her appointment to the Board, she was President of BSAP

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;
c) formulate policies, guidelines and mechanisms to ensure that editors, compilers and especially authors are paid justly and
promptly royalties due them for reproduction of their works in any form and number and for whatever purpose;
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 publishing industry;
f) ask the appropriate government authority to ensure effective implementation of the National Book Development Plan;
g) promulgate rules and regulations for the implementation of this Act in consultation with other agencies concerned, except for
Section 9 hereof on incentives for book development, which shall be the concern of appropriate agencies involved;
h) approve, with the concurrence of the Department of Budget and Management (DBM), the annual and supplemental budgets
submitted to it by the Executive director;
i) own, lease, mortgage, encumber or otherwise real and personal property for the attainment of its purposes and objectives;
j) enter into any obligation or contract essential to the proper administration of its affairs, the conduct of its operations or the
accomplishment of its purposes and objectives;
k) receive donations, grants, legacies, devices and similar acquisitions which shall form a trust fund of the Board to accomplish its
development plans on book publishing;
l) import books or raw materials used in book publishing which are exempt from all taxes, customs duties and other charges in
behalf of persons and enterprises engaged in book publishing and its related activities duly registered with the board;
ISSUES & HOLDING
WON PET is a public officer? YES.

RATIO
The powers of NBDB under RA 8047 are in the nature of
public functions
The Governing Board is the govt agency created by RA 8047 to develop PH book publishing
industry2
PET is a public officer.
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.
Notwithstanding that PET came from private sector to sit as member of NBDB, the law invested
her with some portion of the sovereign functions of govt, so that governments purpose is
achieved to enhance book publishing industry
The purpose of the law for appointing members from the private sector is to ensure that they are
also properly represented in the implementation of govt objectives to cultivate the book
publishing industry
Pursuant to the Anti-Graft Law definition3, one is a public
officer if one has been elected or appointed to a public office
PET was appointed by the Pres. to the NBDB. Though her term is only for a year, that doesnt make
her a private person exercising a public function.
The fact that shes not receiving a monthly salary is also of no moment. RA 8047 provides that NBDB
members shall receive allowances for every meeting attended.
Under Anti-Graft Law, the nature of ones appointment, and whether the compensation one receives
from govt is nominal, is immaterial person so elected/appointed is still a public officer
Under the RPC definition4, 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 govt
During her tenure, she took part in the drafting and promulgation of rules and regulations
implementing RA 8047. She was supposed to represent the country in the canceled Madrid book fair.

DISPOSITIVE
PET is a public officer. SBs denial of MTQ
affirmed.

m) promulgate rules and regulations governing the matter in which the general affairs of the Board are to be exercised and amend,
repeal, and modify such rules and regulations whenever necessary;
n) recommend to the President of the Philippines nominees for the positions of the Executive Officer and Deputy Executive Officer
of the Board;
o) adopt rules and procedures and fix the time and place for holding meetings: Provided, That at least one (1) regular meeting shall
be held monthly;
p) conduct studies, seminars, workshops, lectures, conferences, exhibits, and other related activities on book development such as
indigenous authorship, intellectual property rights, use of alternative materials for printing, distribution and others; and
q) exercise such other powers and perform such other duties as may be required by the law

2 Id.
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 govt
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 Govt xxx , or shall perform in said govt or in any of its branches public duties as an EE,
agent, or subordinate official, of any rank or class