GR 167304; (August, 2009) (Digest)
G.R. No. 167304; August 25, 2009
PEOPLE OF THE PHILIPPINES, Petitioner, vs. SANDIGANBAYAN (THIRD DIVISION) and VICTORIA AMANTE, Respondents.
FACTS
Victoria Amante, a member of the Sangguniang Panlungsod of Toledo City, Cebu, obtained a cash advance of ₱71,095.00 in January 1994 for seminar expenses. She failed to liquidate the amount despite a formal demand from the city auditor in December 1995. Following an investigation, the Office of the Ombudsman for Visayas recommended the filing of an Information for violation of Section 89 of P.D. No. 1445 (The Auditing Code of the Philippines). The Office of the Special Prosecutor subsequently filed the Information with the Sandiganbayan in May 2004.
Amante filed a motion to defer arraignment and for reinvestigation, arguing that the Sandiganbayan lacked jurisdiction over her case. She contended that as a local official with Salary Grade 26, she fell outside the Sandiganbayan’s jurisdiction under Republic Act No. 8249, which grants the court original jurisdiction over officials with Salary Grade 27 and higher. The Sandiganbayan agreed and dismissed the case for lack of jurisdiction in a Resolution dated February 28, 2005, prompting the People of the Philippines to elevate the matter to the Supreme Court.
ISSUE
Whether the Sandiganbayan has jurisdiction over a criminal case against a Sangguniang Panlungsod member for an offense (violation of P.D. No. 1445) committed in relation to office, where the accused holds a position classified as Salary Grade 26.
RULING
Yes, the Sandiganbayan has jurisdiction. The Supreme Court granted the petition and reversed the Sandiganbayan’s Resolution. The Court clarified that jurisdiction over a public officer charged with an offense committed in relation to office is determined by the official’s rank or position at the time of the commission of the offense, not by the specific law alleged to have been violated.
The governing law is Section 4 of Presidential Decree No. 1606, as amended by Republic Act No. 8249. Paragraph (a)(1) of this section enumerates the specific public officials over whom the Sandiganbayan has jurisdiction, including “Members of the sangguniang panlungsod.” This enumeration applies irrespective of the offense charged, provided it was committed in relation to the accused’s office. The offense need not be a violation of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019) or crimes under the Revised Penal Code’s Title VII on crimes committed by public officers. Since Amante was a city councilor, a position explicitly listed, and the charge was for failure to liquidate a cash advance obtained by reason of her office, the Sandiganbayan correctly possessed jurisdiction. The reference to Salary Grade 27 in the law pertains to other officials not specifically enumerated, not to those expressly named like city councilors.