JAVIER vs. SANDIGANBAYAN G.R. Nos. 147026-27
It would be unfair to require the
defendant or accused to undergo the ordeal and expense of a trial if the court
has no jurisdiction over the subject matter or offense.
JAVIER vs. SANDIGANBAYAN
G.R. Nos. 147026-27 September 11, 2009
Javier was the private sector representative in the National Book
Development Board (NBDB), which was created by R.A. 8047, otherwise known as
the “Book Publishing Industry Development Act.” R.A. No. 8047 provided for the creation
of the NBDB, which was placed under the administration and supervision of the
Office of the President. The NBDB is composed of eleven (11) members who are
appointed by the President, five (5) of whom come from the government, while
the remaining six (6) are chosen from the nominees of organizations of private
book publishers, printers, writers, book industry related activities, students
and the private education sector.
Petitioner was appointed to the Governing Board for a term of one year.
During that time, she was also the President of the Book Suppliers Association
of the Philippines (BSAP). She was on a holdover capacity in the following
year. On September 14, 1998, she was again appointed to the same position and
for the same period of one year. Part of her functions as a member of the
Governing Board is to attend book fairs to establish linkages with
international book publishing bodies. On September 29, 1997, she was issued by
the Office of the President a travel authority to attend the Madrid
International Book Fair in Spain on October 8-12, 1997. Based on her itinerary
of travel, she was paid P139,199.00 as her travelling expenses. Unfortunately,
petitioner was not able to attend the scheduled international book fair.
ISSUE:
Whether or not Javier is a public officer. (YES)
HELD:
YES, Javier is a public officer.
A 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. The individual so invested is a public
officer.
Notwithstanding that petitioner came from the private sector to sit as a
member of the NBDB, the law invested her with some portion of the sovereign
functions of the government, so that the purpose of the government is achieved.
In this case, the government aimed to enhance the book publishing industry as
it has a significant role in the national development. Hence, the fact that she
was appointed from the public sector and not from the other branches or
agencies of the government does not take her position outside the meaning of a
public office.
The Court is not unmindful of the definition of a
public officer pursuant to the Anti Graft Law, which provides that a “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. Thus, pursuant to the Anti Graft Law, one is a
public officer if one has been elected or appointed to a public office. Petitioner
was appointed by the President to the Governing Board of the
NDBD.
Article 203 of the Revised Penal Code defines a “public
officer” as any person who, by direct provision of the law, 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.
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