LACSON vs EXECUTIVE SECRETARY

LACSON vs EXECUTIVE SECRETARY RA 7975 which amended PD 1606 as regards the Sandiganbayans jurisdiction, its mode of appeal and other procedural matters, has been declared by the Court as not a penal law, but a clear procedural statute. Elementary Rule: Jurisdiction of a Court is determined by the allegations in the complaint and information and not by the evidence presented by the parties at trial. The mode or right to appeal in not included in the prohibition of ex post facto considering that the right to appeal is not a natural right but statutory in nature that can be regulated by law. MULTIPLE MURDER CHARGED Section 4 of RA 8249, requires that the offense charged must be committed by the offender IN RELATION TO HIS OFFICE in order for the Sandiganbayan to have jurisdiction over it. People vs Montejo (INTIMINATELU CONNECTED) Intimately connected with the office of the offender and perpetrated while he was in the performance of his official function. *Actual recital of FACTS US vs KARELSEN (the object of this written accusation) 1. Furnish the accused with discretion of charge 2. Avail himself of his conviction of acquittal 3. Inform the Court of the facts alleged so that it may decide What is controlling is the specific factual allegations in the information that would indicate the close intimacy that would indicate the close intimacy between the discharge of the accuseds official duties and the commission of the offense charged, in order to qualify the crime as having been committed in relation to public office.

Maech Medina | Case Digest