BARRIGA vs SANDIGANBAYAN
Facts:
Petitioner Dinah Barriga seeks to nullify the Resolution of the Sandiganbayan in denying her motion to quash the information and motion for reconsideration thereof. The petitioner (Municipal Accountant) and Virginio Villamor (Municipal Mayor), both from Carmen, Cebu, were charged with malversation of funds. The information was then amended charging them with illegal use of public funds wherein they allegedly connived and collaborated in using the said public fund to a public purpose different from which it was intended or appropriated. Such criminal case was filed with the Sandiganbayan. Petitioner assails the jurisdiction of Sandiganbayan over the criminal case filed against her considering that her position only holds a salary grade 24 and that she is not an accountable accountable officer to be charged with such.
Issue:
Whether or not Sandiganbayan has jurisdiction over the criminal case filed against the petitioner together with the Municipal Mayor.
Ruling:
Yes. Sandiganbayan has the original jurisdiction to hear the criminal case filed against the petitioner and co-accused. Pursuant to Republic Act No. 8249, which amended Section 4 of Presidential Decree No. 1606, the Sandiganbayan has original jurisdiction over crimes and felonies committed by public officers and employees, at least one of whom belongs to any of the five categories enumerated at the time of the commission of such crimes. To wit: Section 4. Section 4 of the same decree is hereby further amended to read as follows: a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials
occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense: (1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including: (a) Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads; (b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads; (c) Officials of the diplomatic service occupying the position of consul and higher; (d) Philippine army and air force colonels, naval captains, and all officers of higher rank; (e) Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher; (f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; (g) Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations; (2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation and Position Classification Act of 1989; (3) Members of the judiciary without prejudice to the provisions of the Constitution; (4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and (5) All other national and local officials classified as Grade'27'and higher under the Compensation and Position Classification Act of 1989.
In the instant case, even if the petitioner, holding the position of Municipal Accountant of Carmen, Cebu, is only under the salary grade of 24, her case is rightfully lodged with the Sandiganbayan given the fact that she has been accused of conniving with the Municipal Mayor, classified under Salary Grade 27, in committing the felony. The Sandiganbayan has the original jurisdiction over the case thereby giving the said court an authority to hear and try the information filed against the petitioner.
