LAUREL v DESIERTO
FACTS:
During the Aquino administration, an Administrative Order was issued for the formation of a committee that would be in charge of the Centennial celebrations. This was reconstituted during the Ramos administration and was dubbed as the National Centennial Commission. It was to be chaired by Salvador Laurel and was described to be an ad-hoc commission, to be dissolved upon the completion of the centennial celebrations. Consequently, EXPOCORP was incorporated, wherein Laurel was one of the directors/incorporators.
On a later date, Coseteng delivered a privileged speech in the Senate alleging anomalies connected with the Centennial celebrations. This was followed by an investigation by the Blue Ribbon Committee and the Saguisag commission formed by President Estrada. Both recommended the further investigation and possible prosecution of Laurel. This led to an investigation by the Ombudsman who filed a complaint later on against Laurel. Now, Laurel questions the jurisdiction of the Ombudsman, contending that he is not to be considered a public officer.
HELD:
The 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. The appointment of a portion of sovereign function is the most important characteristic in determining whether a position is a public office or not.
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 set forth by law. In relation to the Administrative Order and Executive Order creating the commission, the policies and objectives for its creation was set forth. It was not only primarily for the coordinated planning for a centennial celebration but also for the furtherance of arts and culture as well as enrichment of national economic development. Clearly, the NCC performs sovereign functions and its Chair is a public officer.
