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SANDIGANBAYAN
FACTS:
The accused, Rolando Plaza was a member of the Sangguniang
Panlungsod of Toledo City, Cebu, with a salary grade 25. He was
charged in the Sandiganbayan for violating Section 89 of P.D. No.
1445 or The Auditing Code of the Philippines. Allegedly, he failed to
liquidate the cash advances he received by reason of his office on
December 19, 1995 in the amount of P30,000. On April 7, 2005,
Plaza filed a motion to dismiss with the Sandiganbayan which was
found to be with merit.
The Sandiganbayan dismissed the case for lack of jurisdiction over
the case. So, the petitioner filed this case to the Supreme Court
contending that the Sandiganbayan has jurisdiction over criminal
cases involving public officials and employees enumerated under
Section 4 (a) (1) of P.D. 1606, whether or not occupying a position
classified under salary grade 27 and above, who are charged not
only for violation of R.A. 3019, R.A. 1379 or any of the felonies
included in Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code, but also for crimes committed in relation to their office.
ISSUE: Whether or not the Sandiganbayan has jurisdiction over a
member of the Sangguniang Panlungsodwhose salary grade is
below 27 and charged with violation of The Auditing Code of the
Philippines.
HELD: Yes, the Sandiganbayan has jurisdiction over a member of
the Sangguniang Panlungsod whose salary grade is below 27 and
charged with violation of The Auditing Code of the Philippines.
Those that are classified as Grade 26 and below may still fall within
the jurisdiction of the Sandiganbayan provided that they hold the
positions enumerated by the same law. Particularly and exclusively
enumerated are provincial governors, vice-govenors, members of
the sangguniang panlalawigan, and provincial treasurers,
assessors, engineers, and other provincial department heads ( Sec.
4 (1) (a) of P.D. 1606); city mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers, assessors, engineers, and
other city department heads (Sec. 4 (1) (b) of P.D. 1606); officials of
the diplomatic service occupying the position as consul and higher;
Philippine army and air force colonels, naval captains, and all
officers of higher rank; PNP chief superintendent and PNP officers of
higher rank; City and provincial prosecutors and their assistants,
and officials and prosecutors in the Office of the Ombudsman and
special prosecutor; and presidents, directors or trustees, or
managers of government-owned or controlled corporations, state
universities or educational institutions or foundations.
In connection therewith, Section 4 (b) of P.D. 1606 provides that
other offenses or felonies committed by public officials and
employees mentioned in subsection (a) in relation to their office
also fall under the jurisdiction of the Sandiganbayan.
So, those public officials enumerated in Sec. 4 (a) of P.D. No. 1606,
as amended, may not only be charged in the Sandiganbayan with
violations of R.A. No. 3019, R.A. No. 1379 or Chapter II, Section 2,
Title VII of the Revised Penal Code, but also with other offenses or
felonies in relation to their office. The Supreme Court ruled in
earlier cases that: as long as the offense charged in the information
is intimately connected with the office and is alleged to have been
perpetrated while the accused was in the performance, though
improper or irregular, of his official functions, there being no
personal motive to commit the crime and had the accused not have
committed it had he not held the aforesaid office, the accused is
held to have been indicted for an offense committed in relation to
his office. In the offenses involved in Section 4 (a), it is not disputed
that public office is essential as an element of the said offenses
themselves, while in those offenses and felonies involved in Section
4 (b), it is enough that the said offenses and felonies were
committed in relation to the public officials or employees' office.
discussion in Heirs of
particularly instructive:
Amunategui
v.
Director
of
Forestryis