G.R. No. 145368 – 433 Phil. 1 – 167 SCAD 425 – Political Law – Law on Public Officers – Who is a Public Officer
In April 2002, the Supreme Court issued a decision declaring Salvador Laurel as chair of the National Centennial Commission (NCC) is a public officer who can be prosecuted for graft and corruption charges by the Ombudsman (then Aniano Desierto). The NCC was created by an executive order and was tasked to perform executive functions which were classified by the Supreme Court as functions for the promotion of state policies in relation to the 1998 Centennial Celebration. Other than Laurel, the NCC is also composed of Cabinet members, Senators, and Congressmen. Laurel now questions the April 2002 decision because of its constitutional repercussions; that if the said SC ruling is sustained, it would mean that it is an allowance for Cabinet members, Senators, and members of the lower house to “hold any other office during their term or tenure” which is prohibited by the Constitution.
ISSUE: Whether or not Laurel’s contention shall prosper.
HELD: No. Only his office as chairman of the NCC is placed in question. The sole issue of the case is whether or not he as chair of the NCC is a public officer under the jurisdiction of the Ombudsman. The Supreme Court went on to say, even if the designation of other members to the NCC runs counter to the Constitution, it does not make Laurel, as NCC Chair, less a public officer. Such “serious constitutional repercussions” do not reduce the force of the rationale behind this SC’s decision.
