Examples of government exercising its function through corporations or

instrumentalities:

JAVIER vs. SANDIGANBAYAN, FIRST DIVISION

G.R. Nos. 147026-27 | September 11, 2009

Petitioner: Carolina B Javier

Respondents: First Division, Sandiganbayan; People of the Philippines

[Special Civil Action in the Supreme Court. Certiori]

Facts:
RA 8047, also known as the Book Publishing Industry Development Act
was enacted into law in 1995. The primary goal of the said law is to promote
the continuing development of the book publishing industry, through the
active participation of the private sector, so that adequate supply of
affordable and high-quality books are ensured for the domestic and export
market.

A Governing Board (also known as National Book Development Board) was

created to achieve the purpose of the law. It works under the administration
and supervision of the Office of the President.

Petitioner Javier was appointed to the Board as the private sector

representative. Part of her functions is to attend book fairs to establish
linkages with international book publishing bodies.

On September 29, 1997, the Office of the President issued Petitioner Javier an
authority to travel to Madrid, Spain to attend a book fair. She was given P139,
199.00.

Unfortunately, Petitioner Javier was not able to attend the book fair. She was
asked to return the money, but she failed to do so.

The Ombudsman indicted her of corrupt practices. She was also filed a case
against Sandiganbayan due to malversation of public funds.

She filed a Motion to Quash Information (i.e. disregard allegations against her
because of defectiveness and insufficency), averring that the Sandiganbayan
has no jurisdiction of the case because she was not classified as a public
official who has a salary grade of 27 or higher. She claims that she is not a
public officer and that she belongs to the Board only as a private sector
representative.

Issue: Is Petitioner Javier subject to the sanctions of the Ombudsman and/or

Sandiganbayan even if she was merely a private sector representative to the
Governing Board?

Held: YES. The Governing Board is the government agency mandated to develop and
support Philippine book publishing industry. It is a statutory government agency
(i.e. an agency created by law). It partakes public functions, thus whoever is
appointed to be part of it is considered a public officer.

Even if the petitioner was a private sector representative, she was nevertheless
given sovereign function of the government to achieve the goal of RA 8047 (Book
Publishing Industry Development Act), which is to ensure full development of the
book publishing industry of the State.