Download Compiled Final Copy of Digest for Law on Public Officers and de Facto PDF

TitleCompiled Final Copy of Digest for Law on Public Officers and de Facto
TagsDe Facto Pardon United States Government Presidents Of The United States Citizenship
File Size118.3 KB
Total Pages24
Document Text Contents
Page 12

appointing officer shall, when other
qualifications are equal, prefer:
First. Citizens of the Philippines.
Second. Honorably discharged soldiers,
sailors, and mariners of the United States,

is no argument against the limitation of holding
public offices to citizens of the Philippines. The
preference provided for in the section quoted
above was operative during the period before 4
July 1946 or before the Philippines became an
independent nation.

IN VIEW OF THE CONCLUSION ARRIVED AT,
the point of exhaustion of administrative remedy
need not be passed upon.

The judgment appealed from is reversed
and petition denied, without pronouncement as to
costs in both instances.

LAUREL v. DESIERTO
G.R. No. 145368, April 12, 2002

KAPUNAN, J.

FACTS: President Aquino issued Administrative
Order No. 223 "constituting a Committee for the
preparation of the National Centennial Celebration
in 1998." The Committee was mandated "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.”

President Ramos issued Executive Order No.
128, "reconstituting the Committee for the
preparation of the National Centennial
Celebrations in 1988." It renamed the Committee
as the "National Centennial Commission."
Appointed Vice-President Laurel as chair. Its duty
is 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 and its existence shall terminate upon
the completion of all activities related to the
Centennial Celebrations.

A corporation named the Philippine
Centennial Expo ’98 Corporation (Expocorp) was
created. Laurel was among the nine (9) Expocorp
incorporators and was elected Expocorp Chief
Executive Officer.

Senator Coseteng delivered a privilege
speech denouncing alleged anomalies in the
construction and operation of the Centennial
Exposition Project at the Clark Special Economic
Zone. The privilege speech was referred to the
Blue Ribbon Committee for investigation.
President Estrada issued Administrative Order No.
35, creating an ad hoc and independent citizens’
committee to investigate all the facts and
circumstances surrounding the Philippine
centennial projects. Senator Saguisag was
appointed to chair the Committee.

Page 13

Blue Ribbon Committee filed its report.
recommending the prosecution by the
Ombudsman/DOJ of Laurel, chair of NCC and of
EXPOCORP for violating the rules on public
bidding, relative to the award of centennial
contracts to AK (Asia Construction & Development
Corp.); for exhibiting manifest bias in the issuance
of the NTP (Notice to Proceed) to AK to construct
the FR (Freedom Ring) even in the absence of a
valid contract that has caused material injury to
government and for participating in the scheme to
preclude audit by COA of the funds infused by the
government for the implementation of the said
contracts all in violation… of the anti-graft law.

The Saguisag Committee issued its own
report. It recommended the further investigation
by the Ombudsman, and indictment, in proper
cases of, Laurel for violations of Section 3(e) of
R.A. No. 3019, Section 4(a) in relation to Section
11 of R.A. No. 6713, and Article 217 of the
Revised Penal Code.

The Bureau of the Office of the
Ombudsman. issued its Evaluation Report,
recommending:
1. that a formal complaint be filed and preliminary
investigation be conducted before the Evaluation
and Preliminary Investigation Bureau (EPIB), Office
of the Ombudsman against former NCC and
EXPOCORP chair Salvador H. Laurel, former
EXPOCORP President Teodoro Q. Peña and AK

President Edgardo H. Angeles for violation of Sec.
3(e) and (g) of R.A. No.3019, as amended in
relation to PD 1594 and COA Rules and
Regulations;
2. That the Fact Finding and Intelligence Bureau of
this Office, act as the nominal complainant.

Apostol, OIC-Director of the EPIB, directed
Laurel to submit his counter-affidavit and those of
his witnesses. Laurel filed with the Office of the
Ombudsman a Motion to Dismiss questioning the
jurisdiction of said office. Ombudsman denied
motion to dismiss. EPIB found probable cause to
indict respondents LAUREL and PEÑA before the
Sandiganbayan for conspiring to violate Section
3(e) of Republic Act No. 3019, in relation to
Republic Act No. 1594. Desierto, in his capacity as
Ombudsman, approved the resolution with
respect to Laurel but dismissed the charge
against Peña. Laurel moved for a reconsideration
but the motion was denied. Hence this present
petition for certiorari.

ISSUE: (1) Whether or not Ombudsman has
jurisdiction over the case.
(2) Whether or EXPOCORP is a private corporation
and not a GOCC.
(3) Whether or not NCC was not a public office.
(4) Whether or not Laurel is not a public officer.

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