GR 122297; (January, 2000) (Digest)
G.R. No. 122297-98 January 19, 2000
CRESCENTE Y. LLORENTE, JR., petitioner, vs. SANDIGANBAYAN and PEOPLE OF THEPHILIPPINES, respondents.
FACTS
Petitioner Crescente Y. Llorente, Jr., then the Municipal Mayor of Sindangan, Zamboanga del Norte, was charged before the Sandiganbayan with two separate violations of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019). The first information, filed in 1993, alleged illegal seizure of property in 1989. The second, filed in 1995, alleged grave abuse of authority in refusing to issue a mayor’s permit in 1993. Petitioner pleaded not guilty to the first charge, and trial for both cases had not commenced.
In May 1995, Republic Act No. 7975 took effect, amending the jurisdiction of the Sandiganbayan. The new law provided that the Sandiganbayan shall have original jurisdiction over violations of R.A. No. 3019 where the principal accused occupies a position with a salary grade of “27” or higher under the Compensation and Position Classification Act of 1989 (R.A. No. 6758). Relying on this, petitioner filed motions to dismiss or transfer the cases to the Regional Trial Court. He argued that as Municipal Mayor, his salary grade was below 27 according to a Department of Budget and Management index, thus divesting the Sandiganbayan of jurisdiction.
ISSUE
Whether or not the Sandiganbayan retains jurisdiction over the criminal cases against petitioner for violations of R.A. No. 3019 after the enactment of R.A. No. 7975.
RULING
The Supreme Court ruled that the Sandiganbayan retains jurisdiction. The legal logic hinges on the proper determination of a municipal mayor’s salary grade as a matter of law. R.A. No. 7975 anchors jurisdiction on the official’s salary grade “as prescribed under R.A. No. 6758.” Section 444(d) of the Local Government Code of 1991 expressly mandates that a municipal mayor shall receive a minimum monthly compensation corresponding to Salary Grade 27. This statutory provision is controlling.
Furthermore, both the 1989 and 1997 versions of the Index of Occupational Services, Position Titles and Salary Grades issued by the DBM—which the Court must take judicial notice of—categorically list the position of “Municipal Mayor” under Salary Grade 27. Therefore, at the time of the alleged offenses and the filing of the informations, petitioner, as Municipal Mayor, held a position classified as Salary Grade 27. Consequently, under the clear terms of R.A. No. 7975, the Sandiganbayan correctly exercises exclusive original jurisdiction over the graft cases filed against him. The petitions for certiorari were dismissed for lack of merit.