G.R. No. 143047 July 14, 2004
RICARDO S. INDING, petitioner, vs. THE HONORABLE SANDIGANBAYAN and THE PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioner Ricardo S. Inding, a member of the Sangguniang Panlungsod of Dapitan City, was charged before the Sandiganbayan with violation of Section 3(e) of R.A. No. 3019 for allegedly faking buy-bust operations to claim reimbursements. He filed an Omnibus Motion to dismiss the case for lack of jurisdiction, arguing that as a Sanggunian member of a component city, his position was classified under Administrative Order No. 270 with Salary Grade (SG) 25. He contended that under R.A. No. 7975 , as amended, the Sandiganbayan’s original jurisdiction extends only to officials with SG 27 or higher, thus the case should be tried by the Regional Trial Court.
The Office of the Special Prosecutor opposed, asserting that Section 4(a)(1)(b) of P.D. No. 1606, as amended by R.A. No. 7975 , expressly includes members of the Sangguniang Panlungsod within the Sandiganbayan’s jurisdiction, regardless of salary grade. The Sandiganbayan denied the motion, ruling that the Information alleged the petitioner had SG 27 and that the law specifically places city councilors under its jurisdiction.

ISSUE

Whether the Sandiganbayan has original jurisdiction over the criminal case against petitioner, a Sangguniang Panlungsod member of a component city classified under SG 25.

RULING

Yes, the Sandiganbayan has jurisdiction. The Court clarified that the jurisdiction of the Sandiganbayan is determined by the law in force at the time of the institution of the action. The applicable law is R.A. No. 8249 , which amended P.D. No. 1606. Section 4(a)(1) of this law explicitly enumerates the officials over whom the Sandiganbayan has jurisdiction, and paragraph (b) specifically includes “members of the sangguniang panlungsod.” This enumeration is clear and categorical; it does not qualify the inclusion by salary grade. The legislative intent is to treat these local legislative officials as falling within the Sandiganbayan’s jurisdiction by virtue of their rank and the nature of their office, not their salary grade classification under subsequent administrative issuances like A.O. No. 270.
The Court distinguished the general rule in Section 4(a)(5) of R.A. No. 8249 , which confers jurisdiction over other officials with SG 27 or higher, from the specific rule in Section 4(a)(1)(b) covering sanggunian members. Under statutory construction, a specific provision prevails over a general one. Therefore, petitioner’s reliance on his SG 25 classification is misplaced. As a city councilor, he is specifically included within the Sandiganbayan’s jurisdiction by the express mandate of the law, irrespective of his salary grade. The Sandiganbayan committed no grave abuse of discretion in denying the motion to dismiss.