Case Digest (G.R. No. 166355)
Facts:
People of the Philippines v. Luis J. Morales, G.R. No. 166355, May 30, 2011, Supreme Court Third Division, Brion, J., writing for the Court.On June 13, 1991, President Corazon Aquino issued Administrative Order No. 223 creating the Committee for the National Centennial Celebrations; in 1993 President Fidel V. Ramos issued Executive Order No. 128, reconstituting the Committee as the National Centennial Commission (NCC) with Vice‑President Salvador Laurel as Chairman. On March 10, 1996, the NCC and the Bases Conversion Development Authority (BCDA) organized the Philippine Centennial Expo ’98 Corporation (“Expocorp”) to operate and manage the Expo ’98 project in Clark Special Economic Zone.
Allegations of irregularities in the Centennial project led to investigatory actions by the Senate Blue Ribbon Committee and the Ad Hoc and Independent Citizen’s Committee; the Ombudsman’s Fact-Finding and Investigation Bureau filed an information in 2001 charging Luis J. Morales, then acting president of Expocorp, with violation of Section 3(e) of Republic Act No. 3019 for selling a company Mercedes-Benz without public bidding and failing to remit the proceeds to Expocorp.
Morales moved to dismiss before the Sandiganbayan on the ground that Expocorp was a private corporation, that he was not a public officer, and that the Sandiganbayan therefore lacked jurisdiction over his person and the offense. The People opposed, arguing that Expocorp was effectively government‑owned because BCDA initially held nearly all issued shares and that Morales’ appointment by NCC Chairman Laurel made him a public officer (relying on Laurel v. Desierto).
The parties disputed Expocorp’s corporate character: Expocorp had been incorporated under the Corporation Code and registered with the SEC, but two months after incorporation its board opened unsubscribed shares which Global Clark Assets Corporation subscribed to, becoming majority shareholder with 55.16%, leaving BCDA as minority with 44.84%. The Sandiganbayan First Division reviewed these facts and, in a June 15, 2004 Resolution, held that Expocorp was a private corporation (not created by special law nor a GOCC) and dismissed the information against Morales. The Sandiganbayan further distinguished Laurel v. Desierto as holding only that Laurel, by virtue of heading the NC...(Subscriber-Only)
Issues:
- Did the Sandiganbayan have jurisdiction over the prosecution of Morales for violations of R.A. No. 3019, Sec. 3(e)—i.e., was Expocorp a government‑owned or controlled corporation (or otherwise a public office) such that the Sandiganbayan had exclusive jurisdiction?
- Was Luis J. Morales, as president of Expocorp, a “public officer” for purposes of the Sandiganbayan’s jurisdiction and criminal liability under ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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