Case Digest (G.R. No. 145368)
Facts:
Salvador H. Laurel v. Hon. Aniano A. Desierto, G.R. No. 145368, April 12, 2002, Supreme Court First Division, Kapunan, J., writing for the Court.On June 13, 1991 President Corazon C. Aquino issued Administrative Order No. 223 creating a Committee to prepare for the 1998 National Centennial Celebrations; later Executive Order No. 128 (issued by President Fidel V. Ramos) reconstituted that body as the National Centennial Commission (NCC) and named Vice‑President Salvador H. Laurel as Chair. The EO described the Commission as ad hoc, set its duties (including preparation of a Comprehensive Plan for the Centennial), provided for a Secretariat and staff support, and made initial funding arrangements to be drawn from the Department of Tourism and the President’s Contingent Fund.
A private corporation, the Philippine Centennial Expo 98 Corporation (Expocorp), was formed thereafter; petitioner Laurel was one of nine incorporators and was elected Expocorp Chief Executive Officer. In August 1998 Senator Coseteng spoke in the Senate alleging anomalies in the Centennial Exposition Project (Clark). The Senate Blue Ribbon Committee (and later a committee chaired by Rene Saguisag) investigated and recommended prosecution of certain officials, including Laurel, for graft and related offenses.
Pursuant to those committee reports, the Fact‑finding and Intelligence Bureau of the Office of the Ombudsman recommended a formal complaint and preliminary investigation against Laurel (and others) for violations of R.A. No. 3019 (the Anti‑Graft and Corrupt Practices Act). The Evaluation and Preliminary Investigation Bureau (EPIB), Office of the Ombudsman, directed Laurel to submit counter‑affidavits; Laurel moved to dismiss alleging lack of jurisdiction. The Ombudsman denied the motion to dismiss (Order June 13, 2000) and denied reconsideration (Order Oct. 5, 2000).
Laurel filed a petition for certiorari on October 25, 2000 seeking to restrain the Ombudsman from proceeding; the EPIB on November 14, 2000 found probable cause to indict Laurel for conspiracy to violate Section 3(e) of R.A. No. 3019 and directed filing of information; the Ombudsman approved the resolution as to Laurel but dismissed the charge against Pena. The Supreme Court issued a temporary restraining order on September 24, 2001 enjoining respondents from filing any information against Laurel in the Sandiganbayan or any court; the parties were heard in oral argument on November 14, 2001.
Petitioner principally argued that the Ombudsman lacked jurisdiction because (a) Expocorp was a private corporation so his role there was private, (b) the NCC was not a public offi...(Pro-only)
Issues:
- Does the Office of the Ombudsman have jurisdiction to investigate and prosecute petitioner for alleged malfeasance in connection with the Centennial projects?
- Was petitioner a public officer by virtue of his chairmanship of the National Centennial Commission (NCC) (and related role in Expocorp)?
- Does the absence of salary/compensation bar application of R.A. No. 3019 (or ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)