G.R. No. 249168 , April 26, 2021
AILEEN CYNTHIA M. AMURAO, PETITIONER, V. PEOPLE OF THE PHILIPPINES AND SANDIGANBAYAN SIXTH DIVISION, RESPONDENT.

FACTS

Petitioner Aileen Cynthia M. Amurao, the City Tourism Officer and Head of the City Tourism Department of Puerto Princesa City, Palawan, along with several co-accused, was charged before the Sandiganbayan with violation of Section 7(d) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees). The Information alleged that they, while in the performance of their functions and conspiring with each other, willfully solicited or accepted gifts, gratuities, or anything of monetary value from private entities or individuals by sending solicitation letters for sponsorship of the city government’s tourism activities, with the money and gifts solicited going to their personal accounts. During the proceedings, the Sandiganbayan issued a Resolution ordering petitioner to show cause why she should not be suspended pendente lite under Section 13 of R.A. 3019 (Anti-Graft and Corrupt Practices Act). Petitioner argued that Section 13 of R.A. 3019 applies only to violations of that law or the Revised Penal Code on bribery, not to violations of R.A. 6713. The Sandiganbayan issued the assailed Resolution ordering her preventive suspension for 90 days, ruling that the offense charged involved fraud upon the government and public funds. Petitioner did not file a motion for reconsideration and instead filed a petition for certiorari, prohibition, and mandamus directly with the Supreme Court.

ISSUE

Whether the Sandiganbayan, Sixth Division committed grave abuse of discretion amounting to lack or excess of jurisdiction when it issued the Resolution ordering the suspension pendente lite of the petitioner.

RULING

No. The Supreme Court dismissed the petition and affirmed the Sandiganbayan Resolution. The Court held that the Sandiganbayan did not commit grave abuse of discretion. Section 13 of R.A. 3019 mandates the suspension pendente lite not only for those charged under R.A. 3019 or Title 7, Book II of the Revised Penal Code, but also for any offense involving fraud upon the government or public funds or property. The offense charged against the petitioner—violation of Section 7(d) of R.A. 6713 for soliciting and accepting gifts and monetary value for tourism activities and depositing them in personal accounts—constitutes an offense involving fraud upon the government and public funds. The preventive suspension is mandatory and ministerial once the court is convinced the information charges such an offense. The Court also noted that while petitioner failed to file a motion for reconsideration, an exception to that rule applied as the question raised had already been passed upon by the Sandiganbayan.