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FIRST DIVISION.
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KAPUNAN, J.:
On June 13, 1991, President Corazon C. Aquino issued
Administrative Order No. 223 constituting a Committee
for the preparation of the National Centennial Celebration
in 1998. The Committee was mandated to take charge of
the nationwide preparations for the National Celebration of
the Philippine Centennial of the Declaration of Philippine
Independence
and the Inauguration of the Malolos
1
Congress.
Subsequently, President Fidel V. Ramos issued
Executive Order No. 128, reconstituting the Committee for
the preparation of the National Centennial Celebrations in
1998. It renamed the Committee as the National
Centennial Commission. Appointed to chair the
reconstituted Commission was VicePresident Salvador
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A.O. 223, Section 1. The same section provided for the Committees
composition as follows:
x x x. The Committee shall be composed of six (6) representatives from the
Presidential Commission for Culture and the Arts (PCCA), and five (5)
representatives from the Philippine Centennial Foundation, Inc. (PCFI). They
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Trade
and
Industry,
Public
Works
and
Highways,
Id., at Section 5.
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corporation,
directly
or
indirectly
or
through
other
corporations or otherwise;
(5) To enter into any lawful arrangement for sharing profits, union of
interest, unitization or farmout agreement, reciprocal concession,
or cooperation, with any corporation, association, partnership,
syndicate, entity, person or governmental, municipal or public
authority, domestic or foreign, in the carrying on of any business
or transaction deemed necessary, convenient or incidental to
carrying out any of the purposes of this corporation;
(6) To acquire or obtain from any government or authority, national,
provincial, municipal or otherwise, or a corporation, company or
partnership
or
person,
such
charter,
contracts,
franchise,
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Committee.
On March 23, 1999, the Senate Blue Ribbon Committee
filed with the Secretary of the Senate its Committee Final
Report No. 30 dated February 26, 1999. Among the
Committees recommendations was the prosecution by the
Ombudsman/DOJ of Dr. Salvador Laurel, chair of NCC and
of EXPOCORP for violating the rules on public bidding,
relative to the award of centennial contracts to AK (Asia
Construction & Development Corp.); for exhibiting
manifest bias in the issuance of the NTP (Notice to
Proceed) to AK to construct the FR (Freedom Ring) even in
the absence of a valid contract that has caused material
injury to government and for participating in the scheme to
preclude audit by COA of the funds infused by the
government for the implementation of5 the said contracts all
in violation . . . of the antigraft law.
Later, on November 5, 1999, the Saguisag Committee
issued its own report. It recommended the further
investigation by the Ombudsman, and indictment, in
proper cases of, among others, NCC Chair Salvador H.
Laurel for violations of Section 3(e) of R.A. No.
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herein set forth as its purposes, within or without the Philippines, and
in any and all foreign countries, and to do everything necessary, desirable
or incidental to the accomplishment of the purposes or the exercise of any
one or more of the powers herein enumerated, or which shall at any time
appear conducive to or expedient for the protection or benefit of this
corporation.
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Rollo, p. 10.
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Id., at 134135.
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Id., at 15.
Id., at 296297.
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private persons:
SEC. 22. Investigatory Power.The Office of the Ombudsman shall have the power to
investigate any serious misconduct in office allegedly committed by officials removable by
impeachment, for the purpose of filing a verified complaint for impeachment or over
Members of Congress, and the Judiciary.
In all cases of conspiracy between an officer or employee of the government and a private
person, the Ombudsman and his Deputies shall have jurisdiction to include such private
person as the evidence may warrant. The officer or employee and the private person shall
be tried jointly and shall be subject to the same penalties and liabilities.
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E.g., Fernandez vs. Ledesma, 1 SCRA 620 (1963); Aparri vs. Court of Appeals,
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Did E.O. 128 delegate the NCC with some of the sovereign
functions of government? Certainly, the law did not
delegate upon the NCC functions that can be described as
legislative or judicial. May the functions of the NCC then
be described as executive?
We hold that the NCC performs executive functions. The
executive power is generally defined as the power to
enforce and administer the laws. It is the power of carrying
the laws into practi
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AND OFFICERS, 1.
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Id., at 410. See also 63C Am Jur 2d, Public Officers and
Employees 1.
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Id., at 4.
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In its preamble, A.O. No. 223 states the purposes for the
creation of the Committee for the National Centennial
Celebrations in 1998:
WHEREAS, the birth of the Republic of the Philippines is to be
celebrated in 1998, and the centennial presents an important
vehicle for fostering nationhood and a strong sense of Filipino
identity;
WHEREAS, the centennial can effectively showcase Filipino
heritage and thereby strengthen Filipino values;
WHEREAS, the success of the Centennial Celebrations may be
insured only through longrange planning and continuous
developmental programming;
WHEREAS, the active participation of the private sector in all
areas of special expertise and capability, particularly in
communication and information dissemination, is necessary for
longrange planning and continuous developmental programming;
WHEREAS, there is a need to create a body which shall
initiate and undertake the primary task of harnessing the
multisectoral components from the business, cultural, and
business sectors to serve as effective instruments from the
launching and overseeing of this longterm project;
x x x.
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Id., at Sec. 2.
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provides:
Section 1. x x x.
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22
Rollo, p. 466.
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Id., at 7, 15. See also Triste vs. Leyte State College Board of
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Id., at 13.
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Rollo, p. 470.
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