People v. Sandiganbayan and Rolando Plaza, G.R. No. 169004, Sept. 15, 2010

Crim Pro - Jurisdiction

Facts:

The accused, Rolando Plaza was a member of the Sangguniang Panlungsod of Toledo City, Cebu, with a salary grade 25. He was charged in the Sandiganbayan for violating Section 89 of P.D. No. 1445 or The Auditing Code of the Philippines. Allegedly, he failed to liquidate the cash advances he received by reason of his office on December 19, 1995 in the amount of P30,000. On April 7, 2005, Plaza filed a motion to dismiss with the Sandiganbayan which was found to be with merit.

The Sandiganbayan dismissed the case for lack of jurisdiction over the case. So, the petitioner filed this case to the Supreme Court contending that the Sandiganbayan has jurisdiction over criminal cases involving public officials and employees enumerated under Section 4 (a) (1) of P.D. 1606, whether or not occupying a position classified under salary grade 27 and above, who are charged not only for violation of R.A. 3019, R.A. 1379 or any of the felonies included in Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, but also for crimes committed in relation to their office.

Issue: Whether or not the Sandiganbayan has jurisdiction over a member of the Sangguniang Panlungsod whose salary grade is below 27 and charged with violation of The Auditing Code of the Philippines.

Held: Yes, the Sandiganbayan has jurisdiction over a member of the Sangguniang Panlungsod whose salary grade is below 27 and charged with violation of The Auditing Code of the Philippines. 

Those that are classified as Grade 26 and below may still fall within the jurisdiction of the Sandiganbayan provided that they hold the positions enumerated by the same law. Particularly and exclusively enumerated are provincial governors, vice-govenors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads ( Sec. 4 (1) (a) of P.D. 1606); city mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads (Sec. 4 (1) (b) of P.D. 1606); officials of the diplomatic service occupying the position as consul and higher; Philippine army and air force colonels, naval captains, and all officers of higher rank; PNP chief superintendent and PNP officers of higher rank; City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; and presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations.

In connection therewith, Section 4 (b) of P.D. 1606 provides that other offenses or felonies committed by public officials and employees mentioned in subsection (a) in relation to their office also fall under the jurisdiction of the Sandiganbayan. 

So, those public officials enumerated in Sec. 4 (a) of P.D. No. 1606, as amended, may not only be charged in the Sandiganbayan with violations of R.A. No. 3019, R.A. No. 1379 or Chapter II, Section 2, Title VII of the Revised Penal Code, but also with other offenses or felonies in relation to their office. The Supreme Court ruled in earlier cases that: as long as the offense charged in the information is intimately connected with the office and is alleged to have been perpetrated while the accused was in the performance, though improper or irregular, of his official functions, there being no personal motive to commit the crime and had the accused not have committed it had he not held the aforesaid office, the accused is held to have been indicted for “an offense committed in relation” to his office. In the offenses involved in Section 4 (a), it is not disputed that public office is essential as an element of the said offenses themselves, while in those offenses and felonies involved in Section 4 (b), it is enough that the said offenses and felonies were committed in relation to the public officials or employees' office.