GR 120011; (September, 1999) (Digest)
G.R. No. 120011 September 7, 1999
LT. COL. LINO A. SANCHEZ and MAJOR VICENTE S. MANAGAY, petitioners, vs. THE SANDIGANBAYAN, THE OMBUDSMAN and THE PEOPLE OF THE PHILIPPINES, respondents.
FACTS
Petitioners are officers of the Philippine Army. A pre-trial investigation found a prima facie case against them for violation of Article 95 of the Articles of War for causing the wrongful release of government funds for a construction project with a reported 88.55% completion when only 25% was completed. Based on this, court martial proceedings were initiated against petitioners before the Philippine Army Permanent General Court Martial No. 2 on June 16, 1993. Petitioners were arraigned before the court martial in April and July 1994, pleading not guilty. Concurrently, the same findings were referred for the filing of an information for violation of R.A. No. 3019 , Section 3(e). The Ombudsman filed this information with the Sandiganbayan on April 18, 1994. Petitioners filed a joint motion to dismiss the Sandiganbayan case, arguing it lacked jurisdiction as the court martial had already acquired original and exclusive jurisdiction over the same facts. The Sandiganbayan denied the motion and a subsequent motion for reconsideration, ruling the offenses were distinct. Hence, this petition for certiorari.
ISSUE
Whether the Sandiganbayan acted without jurisdiction in denying the motion to dismiss Criminal Case No. 20461 against petitioners.
RULING
Yes. The petition is granted. Although the Sandiganbayan had jurisdiction at the time the information was filed on April 18, 1994, it lost jurisdiction over the case under Republic Act No. 7975 , which took effect on March 30, 1995. This law, enacted to declog the Sandiganbayan’s docket of “small fry” cases, removed its jurisdiction over cases where the accused public officials, like petitioners who are officers below the rank of full colonel, fall outside its new jurisdictional scope. The Sandiganbayan’s denial of the motion for reconsideration on April 19, 1995, was therefore without jurisdiction. The Court annulled the Sandiganbayan’s resolutions and ordered it to refer Criminal Case No. 20461 to the proper court.