GR 236293; (December, 2019) (Digest)
G.R. No. 236293 , December 10, 2019
PROCESO L. MALIGALIG, PETITIONER, VS. SANDIGANBAYAN (SIXTH DIVISION), PEOPLE OF THE PHILIPPINES, REPRESENTED BY THE OFFICE OF THE SPECIAL PROSECUTOR OF THE OFFICE OF THE OMBUDSMAN, PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT AND BATAAN SHIPYARD AND ENGINEERING CORPORATION, INC., RESPONDENTS.
FACTS
Petitioner Proceso L. Maligalig was charged before the Sandiganbayan with two Informations: one for violation of Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act), and another for the complex crime of Malversation of Public Funds through Falsification of Public Document under Article 217 of the Revised Penal Code. The charges stemmed from his alleged execution of a Release, Waiver and Quitclaim in favor of Northstar Transport Facilities, Inc. without authority from the BASECO Board of Directors, and his receipt and failure to remit the amount of PhP3,554,000.00 from Northstar as settlement for lease arrearages, causing undue injury to BASECO, a government-owned or controlled corporation (GOCC) under sequestration by the PCGG, where he served as President and Board Member.
Petitioner filed an Alternative Motion to Quash or To Suspend Proceedings, arguing that the Sandiganbayan lacked jurisdiction over his person and that the Office of the Ombudsman had no authority to file the Informations against him. He contended that BASECO was not a GOCC but a private corporation under PCGG sequestration, and that he was a stockholder-elected official, not a public officer. The Sandiganbayan denied his motion and subsequent motion for reconsideration. Petitioner then filed this Petition for Certiorari under Rule 65.
ISSUE
1. Whether the Sandiganbayan acted without jurisdiction in holding that it has jurisdiction over the case and the person of the accused.
2. Whether the Sandiganbayan committed grave abuse of discretion in denying petitioner’s Alternative Motion to Quash or To Suspend Proceedings and Motion for Reconsideration.
RULING
The Supreme Court DENIED the petition for utter lack of merit.
1. On Jurisdiction: The Sandiganbayan correctly asserted jurisdiction. Jurisdiction over a criminal case is determined by the allegations in the Information. The Informations sufficiently alleged that petitioner was a public officer (President and Board Member of BASECO, a GOCC) and that the offenses charged (violation of R.A. No. 3019 and complex crime of Malversation through Falsification) are among those cognizable by the Sandiganbayan under P.D. No. 1606, as amended. The Court held that BASECO, being a sequestered corporation whose income is remitted to the National Treasury, is a GOCC. Petitioner, having been appointed to the BASECO Board by the President of the Philippines, is a public officer as he performed sovereign functions for the public benefit. His claim of being a stockholder-elected official was contradicted by his own admission in his Counter-Affidavit that he was appointed by former President Gloria Macapagal-Arroyo.
2. On Grave Abuse of Discretion: The Sandiganbayan did not commit grave abuse of discretion. A motion to quash hypothetically admits the allegations in the Information. The Court found no prejudicial question warranting suspension of proceedings, as the issue of BASECO’s ownership does not affect the elements of the crimes charged. The denial of a motion to quash is generally not correctible by certiorari unless there is a clear showing of grave abuse of discretion, which was absent here.
Costs were imposed against the petitioner.