JAVIER vs. SANDIGANBAYAN

G.R. Nos. 147026­-27

September 11, 2009

FACTS:

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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