G.R. No. 143047
July 14, 2004
Facts
Petitioner is a member of the Sangguniang Panlungsod. He was charged with violation of Section 3(e) of RA 3019 for allegedly faking a buy-bust operation in order to obtain money from the government as a reimbursement of the fake buy-bust operation. The case was raffled to the Sandiganbayan. Thereafter, petitioner filed an Omnibus Motion for the dismissal of the case for lack of jurisdiction. Petitioner asserted that since he is a member of the Sangguniang Panlungsod with salary grade 25 (SG 25), the RTC, not the Sandiganbayan, acquired jurisdiction on the said case. He asserted that the Sandiganbayan exercises original jurisdiction to try cases involving crimes committed only by officials of local government units with Salary Grade 27 and higher.
On the other hand, the Office of the Special Prosecutor maintains that the Sandiganbayan has original jurisdiction over the case since a member of the Sangguniang Panlungsod of is one of those public officers who, by express provision of Section 4 a.(1)(b) of P.D. No. 1606, as amended by Republic Act No. 7975, is classified as SG 27.
p<>.The Sandiganbayan dismissed petitioner’s omnibus motion. Hence, this petition.
Issue
Whether or not the Sandiganbayan only has jurisdiction over officials with Salary Grade 27.
Held
No. Under Section 4a(1)(a) of PD 1606 as amended, the Sandiganbayan has original jurisdiction over officials in the executive branch with SG 27 or higher, and the officials specifically enumerated thereof, regardless of their salary grades.
If the Congress intended to confine the original jurisdiction of the Sandiganbayan only to officials in the executive branch with SG 27 or higher, then it could just have ended paragraph (1) of Section 4 a. of P.D. No. 1606, as amended by Section 2 of Rep. Act No. 7975, with the phrase “officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher…” Instead, the Congress included specific officials, without any reference as to their salary grades. Clearly, therefore, Congress intended these officials, regardless of their salary grades, to be specifically included within the Sandiganbayan’s original jurisdiction, for had it been otherwise, then there would have been no need for such enumeration.
In this case, petitioner is a member of the Sangunniang Panlunsod, an official specifically enumerated under Section 4a(1)(a) of PD 1606, as amended. Being an official specifically enumerated as within the jurisdiction of the Sandiganbayan, the Sandiganbayan has the jurisdiction to hear and determine the case.