Carandang v Desierto

639 SCRA 293

Petitioner: Antonio M. Carandang
Respondent: Hon. Aniano A. Desierto, Office of the Ombudsman

Facts:
Petitioner Carandang, the general manager and chief operating officer of Radio Philippines
Network (RPN), was charged with grave misconduct along with other officials before the
Ombudsman. Petitioner questions the jurisdiction over him of the Ombudsman and the
Sandiganbayan on the ground that RPN is not a government owned or control corporation, hence,
he is not a public official or employee.
Previously, a certain Roberto S. Benedicto who allegedly holds about 72.4% of the shares
of RPN ceded to the government his shares of stock. However, Benedicto moved to reconsider,
saying that the stocks he agreed to cede was only 32.4%. The said motion is yet to be resolved.
Issue:
WON the Ombudsman and the Sandiganbayan can validly charge petitioner Carandang as
a public official
Held:
No, as there is still no finality with regard to the share of Benedicto that was ceded to the
government, RPN cannot be said to be a GOCC. Consequently, it does not come within the
jurisdiction of the Ombudsman nor the Sandiganbayan. The Ombudsman may only act on
complaints against officers or employees of the Government, or any of its subdivision, agency, or
instrumentality, including GOCCs. GOCCs refer to any agency organized as a stock or non-stock
corporation vested with functions relating to public needs and owned by the government to
the extent of at least 51% of its capital stock.