G.R. No. L-108208 March 11, 1994
REPUBLIC OF THE PHILIPPINES, petitioner, vs. HON. MAXIMIANO C. ASUNCION, as Presiding Judge of the Regional Trial Court, Branch 104 of Quezon City, and ALEXANDER DIONISIO Y MANIO, respondents. HON. CONRADO M. VASQUEZ, Ombudsman, intervenor-respondent.

FACTS

On July 31, 1991, private respondent Alexander Dionisio y Manio, a member of the Philippine National Police (PNP), shot and killed T/Sgt. Romeo Sadang. An Information for homicide was filed against him with the Regional Trial Court (RTC) of Quezon City, docketed as Criminal Case No. Q-91-23224 and raffled to Branch 104 presided by respondent Judge Maximiano C. Asuncion. While trial was in progress, the respondent Judge issued, motu proprio, an order requiring the parties to comment on whether the court should proceed in view of the Supreme Court ruling in Deloso vs. Domingo (191 SCRA 545), which stated that the Sandiganbayan has jurisdiction over offenses committed by public officials where the penalty is higher than prision correccional. On September 24, 1992, the respondent Judge dismissed the criminal case “for re-filing with the Sandiganbayan,” ruling that the Sandiganbayan, as a regular court, has exclusive jurisdiction over the case pursuant to Section 46 of Republic Act No. 6975 (the PNP Law). The private prosecutor’s motion for reconsideration, citing a Secretary of Justice opinion that the Sandiganbayan is not a regular court, was denied. The Republic of the Philippines filed the instant petition, and the Ombudsman was allowed to intervene.

ISSUE

Whether the term “regular courts” in Section 46 of Republic Act No. 6975, which provides that “criminal cases involving PNP members shall be within the exclusive jurisdiction of the regular courts,” includes the Sandiganbayan.

RULING

No. The Supreme Court ruled that the Sandiganbayan is not included in the term “regular courts” as used in Section 46 of R.A. No. 6975. The Sandiganbayan is a special court, not a regular court. The legislative intent, ascertained from the deliberations on the law, was to transfer jurisdiction over PNP members from military courts (courts-martial) to civilian courts, specifically the regular civil courts like the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts. The law aimed to civilianize the police force and place them under the jurisdiction of ordinary civil courts, not the anti-graft court. Consequently, the respondent Judge erred in dismissing the homicide case for re-filing with the Sandiganbayan. The Sandiganbayan’s jurisdiction is limited to cases provided by its charter, P.D. No. 1606, as amended, and does not extend to all crimes committed by public officers. The Order of the respondent Judge dated September 24, 1992, and the Order dated October 7, 1992, are SET ASIDE. The Regional Trial Court, Branch 104, Quezon City, is ordered to reinstate Criminal Case No. Q-91-23224 and proceed with its trial with dispatch.