[G.R. No. 145368.
August 5, 2002]
LAUREL vs. HON. DESIERTO
Gentlemen:
Quoted hereunder, for your
information, is a resolution of this Court dated AUG 5 2002.
G.R. No. 145368 (Salvador H. Laurel vs. Hon. Aniano A. Desierto.)
Petioner Salvador H. Laurel moves for a “clarification” of the
resolution of this Court dated July 1, 2002, wherein we held, among others,
that “a conclusion that EXPOCORP is a government owned or controlled
corporation would not alter the outcome of this case because petitioner’s
position and functions as chief executive officer of EXPOCORP are by virtue of
his being chairman of NCC.”
Petitioner asks whether his election as chairman of EXPOCORP
“converted” said corporation into a government or controlled corporation
(GOCC). In such a case, petitioner points out, the Court’s Ruling would “run
counter to Article 12, Section 16 of the Constitution” providing that the GOCCs
are created by special charters. On the other hand, if EXPOCORP “remained” a
private corporation, petitioner asks whether it would be subject to the
provisions of Presidential Decree No. 1594 and its implementing rules and
regulations as well as government accounting and auditing regulations in view
of petitioner’s election as chairman of said corporation.
The Court declines petitioner’s invitation to “clarify” these questions
for the simple reason that petitioner’s status as a public officer has no
relation to the nature of EXPOCORP.
Petitioner also makes the following queries. Does the decision of the
Court in this case imply that “all private citizens who accepted membership in
the NCC also [become] ‘public officers’?” Does the ruling modify or reverse
previous rulings in Macalino vs. Sandiganbayan,[1]
Camporedondo vs. National Labor Relations Commission,[2]
Philippine National Construction Corporation vs. Pabion?[3] The first is irrelevant in the disposition of this case; the second is
reiterative of petitioner’s arguments in his motion for reconsideration.
ACCORDINGLY, the Court Resolved to DENY the
motion for clarification. No further pleadings shall be allowed. (Davide, Jr., C.J., no part)
Very truly yours,
(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court