G.R. No. 191894
July 15, 2015
Facts
Petitioner is a Regional Director of the Bureau of Internal Revenue (BIR) with Salary Grade 26. He was charged with violation of RA 6713 for failure to disclose in his SALN his financial and business interest. He filed a Motion to Dismiss with Prayer to Defer the Issuance of Warrant of Arrest before the Sandiganbayan. He alleged that Sandiganbayan has no jurisdiction to try and hear the cases since he is an official of the Executive Branch occupying a position of Regional Director but with a compensation that is classified below Salary Grade 27.
On the contrary, the Office of the Special Prosecutor maintained that the Sandiganbayan has jurisdiction since the law provides that the qualification as to Salary Grade 27 and higher applies only to officials of the executive branch other than the Regional Director and those specifically enumerated.
Thereafter, the Sandiganbayan denied the motion to dismiss. Hence, this petition. Petitioner contended that he is not an executive official with Salary Grade 27 or higher. Neither does he hold any position particularly enumerated in Section 4 (A) (1) (a) to (g). Hence, the Sandiganbayan has no jurisdiction.
Issue
Whether, according to P.D. No. 1606, as amended by Section 4 (A) (1) of R.A. No. 8249, only Regional Directors with Salary Grade of 27 and higher, as classified under R.A. No. 6758, fall within the exclusive jurisdiction of the Sandiganbayan.
Held
Under Section 4(a)(1) of RA No. 8249, those that fall within the original jurisdiction of the Sandiganbayan are: (1) officials of the executive branch with Salary Grade 27 or higher, and (2) officials specifically enumerated in Section 4 (A) (1) (a) to (g), regardless of their salary grades.
The phrase “otherwise classified as Grade ‘27’ and higher “ qualifies “regional director and higher.” In Cuyco v. Sandiganbayan, the Supreme Court held that the Sandiganbayan has jurisdiction over violations of Section 3(a) and (e), Republic Act No. 3019 if committed by public
officials and employees occupying positions of regional director and higher with Salary Grade “27” or higher.
In this case, the petitioner is a Regional Director but his Salary Grade is below Salary Grade 27.
Hence, the Sandiganbayan has no jurisdiction over the petitioner since he is not a Regional Director with Salary Grade 27 or higher.