Carolina R. Javier vs. Sandiganbayan, et al.

, Facts: - Javier was private sector representative in National Book Development Board (NBDB) - NBDB created by RA 8047 composed of 11 Pres appointed = 5 from govt + 6 private sector - Part of her fxn is to attend int'l book fairs had to attend Madrid Book Fair given travel allowance 300k+ - Failed to attend book fair didn't return/refund travel allowance - Ombudsman found prob. cause for violation of Anti-Graft & Corrupt Practices Act - COA also charged her w/ malversation of public funds (RPC) - Info filed in Sandiganbayan - Javier Motion to quash > claims not a public officer coz belongs to NBDB only as a private sector representative, hence, she may not be charged under the Anti-Graft and Corrupt Practices Act before the Sandiganbayan or under any statute which covers public officials > doesn't perform public fxns - Sandignbayan - denied motion to quash - Javier - certiorari in SC Issue: WON Javier was a public officer? Held: YES Law of Public Officer: 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. Public officer = individual so invested o Govt, by creating the NBDB, aimed to enhance the book publishing industry as it has a significant role in the national development (such is a public function) o Purpose for appointing members from the private sector is to ensure that they are also properly represented in the implementation of government objectives to cultivate the book publishing industry. o Notwithstanding that petitioner came from the private sector, the law invested her with some portion of the sovereign functions of the government, so that the purpose of the government is achieved. Anti-Graft Law: Public officer includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government. o Petitioner appointed by the President to the Governing Board of the NDBD. RPC: Public officer as any person who, by direct provision of the law, popular election, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform in said Government or in any of its branches public duties as an employee, agent, or subordinate official, of any rank or classes, shall be deemed to be a public officer. o Petitioner performs public functions in pursuance of the objectives of RA 8047 took part in the drafting and promulgation of several rules and regulations implementing R.A. No. 8047.

Preclaro vs. Sandiganbayan Facts: - DOST employed Engr. Preclaro under a written contract of services as project manager to supervise the construction of a building. - Bldg funded jointly by Phil & Jap govts - Preclaro said he can forget about the deductive amount of contract w/ engrs provided he gets a chunk of the engineering firms profit - Entrapment done by NBI at Wendys - Charged & convicted of violation of Anti-Graft & Corrupt Practices Act - Preclaro appeals > not a public officer as defined in AGCPA because he was neither elected nor appointed to a public office but was hired on contractual basis. > not required to use bundy clock to record hours of work > no oath of office Issue: WON Preclaro is a public officer who can be held liable under AGCPA Held: YES public officer although in a non-career service The Admin Code of 1987 reclassified public officers into career service and non-career service. Those in the latter include contractual personnel. Thus, Preclaro falls under the non-career service category and is a public officer as defined in RA 3019. That he is not required to record his workinghours and he did not take an oath of office became unessential considerations inview of the clear provisions of the law.

Laurel vs. Desierto Facts: - VP Laurel was named chairman of the National Centennial Committee and as such also chairman ofEXPOCORP, a corporation organized to undertake the Freedom Ring Project in relation to the centennial celebration. - Investigation was conductedby an independent committee (headed by Saguisag) due to allegations of graft and corruption (by Sen. Coseteng) against Laurel (no public bidding for freedom ring project) - Senate & Saguisag Committee recommended the filing of charges by the Ombudsman for violation of AGCPA - Laurel filed this petition claiming (1) EXPOCORP was a private corporation (2) NCC is not a public office (absence of certain characteristics of public office) (3) he is not a public officer as defined in the AGCPA Issue: WON Laurel is a public officer who can be held liable under AGCPA Held: YES Definition of Public Office by Mechem (law of public officer see Javier) Characteristics of Public Office o delegation of sovereign functions most important NCC has been delagated some sovereign functions (executive) coz it exercises executive functions by implementing the policies set forth in the Constitution regarding history and cultural heritage

o creation by law o oath o salary usual but not necessary criterion in determining nature of position; mere incident and forms no part of the office Honorary office no compensation & accepted merely for public good (vs. lucrative office) NCC Chair = honorary office Code of Conduct and Ethical Standards for Public Officials and Employees : public official w/n
receives compensation

o continuance of the position not an indispensable element as long as other elements are present o scope of duties o designation of the position as an office