G.R. No. 191894; July 15, 2015
DANILO A. DUNCANO, Petitioner, vs. HON. SANDIGANBAYAN (2nd DIVISION), and HON. OFFICE OF THE SPECIAL PROSECUTOR, Respondents.
FACTS
Petitioner Danilo A. Duncano was the Regional Director of the Bureau of Internal Revenue (BIR) with Salary Grade 26 under Republic Act No. 6758. The Office of the Special Prosecutor filed a criminal case against him before the Sandiganbayan for violation of Section 8, in relation to Section 11 of R.A. No. 6713, for allegedly failing to disclose certain assets and business interests in his Sworn Statement of Assets and Liabilities and Net Worth (SALN) for 2002. Prior to arraignment, petitioner filed a Motion to Dismiss, arguing that the Sandiganbayan lacked jurisdiction over him because, as a Regional Director with Salary Grade 26, he did not fall within its jurisdiction under Presidential Decree No. 1606, as amended by Section 4(A)(1) of R.A. No. 8249, which he contended applied only to officials with Salary Grade 27 and higher. The Sandiganbayan denied the motion, ruling that the position of Regional Director is specifically within its jurisdiction regardless of salary grade. Petitioner’s motion for reconsideration was also denied, prompting this petition for certiorari.
ISSUE
Whether the Sandiganbayan has jurisdiction over petitioner Danilo A. Duncano, a Regional Director with Salary Grade 26, for the criminal offense charged.
RULING
The Supreme Court found merit in the petition. It ruled that the Sandiganbayan does not have jurisdiction over petitioner. The Court held that under Section 4(A)(1) of R.A. No. 8249, the Sandiganbayan has exclusive original jurisdiction over officials of the executive branch occupying positions classified as Salary Grade 27 and higher under R.A. No. 6758. The phrase “otherwise classified as Grade ’27’ and higher” qualifies the preceding phrase “regional director and higher.” Therefore, for a Regional Director to fall under the Sandiganbayan’s jurisdiction, the position must be classified as Salary Grade 27 or higher. Since petitioner held a Regional Director position with Salary Grade 26, he is not within the Sandiganbayan’s jurisdiction. The Court clarified that the specific enumeration in subparagraphs (a) to (g) of Section 4(A)(1) includes certain executive officials regardless of salary grade, but the position of Regional Director is not among those specifically enumerated. Consequently, the Sandiganbayan’s Resolutions were reversed and set aside, and the criminal case was dismissed for lack of jurisdiction.
