G.R. NO.

169004: S EPTEMBER 15, 2010

PEOPLE OF THE PHILIPPINES, P ETITIONER , V. SANDIGANBAYAN (THIRD DIVISION) AND ROLANDO PLAZA,
RESPONDENTS.

PERALTA, J.

FACTS:

RESPONDENT ROLANDO PLAZA , A MEMBER OF THE SANGGUNIANG PANGLUNGSOD OF TOLEDO CITY, CEBU, WITH SALARY GRADE 25,
HAD BEEN CHARGED IN THE SANDIGANBAYAN WITH VIOLATION OF SECTION 89 OF PRESIDENTIAL D ECREE (P.D.) N O. 1445, OR T HE
AUDITING CODE OF THE PHILIPPINES FOR HIS FAILURE TO LIQUIDATE THE CASH ADVANCES HE RECEIVED ON DECEMBER 19, 1995 IN
THE AMOUNT OF T HIRTY -T HREE T HOUSAND P ESOS (P33,000.00) .

RESPONDENT PLAZA FILED A MOTION TO DISMISS WITH THE SANDIGANBAYAN WHICH WAS GRANTED FOR LACK OF JURISDICTION
WITHOUT PREJUDICE TO ITS FILING IN THE PROPER COURT .

PETITIONER CONTENDS THAT THE SANDIGANBAYAN HAS CRIMINAL JURISDICTION OVER CASES INVOLVING PUBLIC OFFICIALS AND
EMPLOYEES ENUMERATED UNDER SECTION 4 ( A ) (1) OF P.D. 1606, ( AS AMENDED BY R EPUBLIC ACT [R.A.] N OS. 7975 AND
8249), 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, S ECTION 2, T ITLE VII, B OOK II OF
THE R EVISED PENAL CODE , BUT ALSO FOR CRIMES COMMITTED IN RELATION TO OFFICE .

ISSUE: WHETHER OR NOT THE SANDIGANBAYAN HAS JURISDICTION OVER A MEMBER OF THE SANGGUNIANG PANGLUNGSOD WHOSE
SALARY GRADE IS BELOW 27 AND CHARGED WITH VIOLATION OF T HE AUDITING CODE OF THE PHILIPPINES .

POLITICAL LAW: S ANDIGANBAYAN HAS JURISDICTION OVER OFFICERS FALLING BELOW THE SALARY GRADE 27 PROVIDED THAT THEY
HOLD THE POSITIONS THUS ENUMERATED BY THE SAME LAW .

HELD:

IN RULING THAT THE SANDIGANBAYAN HAS JURISDICTION OVER A MEMBER OF THE SANGGUNIANG PANGLUNGSOD WHOSE SALARY
GRADE IS BELOW 27 AND CHARGED WITH VIOLATION OF THE AUDITING C ODE OF THE P HILIPPINES , THIS C OURT CITED THE CASE OF
SERANA VS SANDIGANBAYAN , ET .AL., AS A BACKGROUND ON THE CONFERMENT OF JURISDICTION OF THE SANDIGANBAYAN , THUS:

THE JURISDICTION OF A COURT TO TRY A CRIMINAL CASE IS TO BE DETERMINED AT THE TIME OF THE INSTITUTION OF THE ACTION,
NOT AT THE TIME OF THE COMMISSION OF THE OFFENSE . THE EXCEPTION CONTAINED IN R.A 7975, AS WELL AS R.A. 8249, WHERE
IT EXPRESSLY PROVIDES THAT TO DETERMINE THE JURISDICTION OF THE S ANDIGANBAYAN IN CASES INVOLVING VIOLATIONS OF R.A.
NO. 3019, AS AMENDED , R.A. N O. 1379, AND CHAPTER II, SECTION 2, TITLE VII OF THE R EVISED PENAL CODE IS NOT APPLICABLE
IN THE PRESENT CASE AS THE OFFENSE INVOLVED HEREIN IS A VIOLATION OF THE AUDITING C ODE OF THE P HILIPPINES .

IN ORDER FOR THE SANDIGANBAYAN TO ACQUIRE JURISDICTION OVER THE SAID OFFENSES , THE LATTER MUST BE COMMITTED BY ,
AMONG OTHERS , OFFICIALS OF THE EXECUTIVE BRANCH OCCUPYING POSITIONS OF REGIONAL DIRECTOR AND HIGHER , OTHERWISE
CLASSIFIED AS G RADE 27 AND HIGHER , OF THE COMPENSATION AND POSITION CLASSIFICATION ACT OF 1989. H OWEVER , THE LAW
IS NOT DEVOID OF EXCEPTIONS . THOSE THAT ARE CLASSIFIED AS GRADE 26 AND BELOW MAY STILL FALL WITHIN THE JURISDICTION OF
THE S ANDIGANBAYAN PROVIDED THAT THEY HOLD THE POSITIONS THUS ENUMERATED BY THE SAME LAW . C LEARLY , AS DECIDED IN
THE EARLIER CASE AND BY SIMPLE APPLICATION OF THE PERTINENT PROVISIONS OF THE LAW , RESPONDENT PLAZA , A MEMBER OF THE
SANGGUNIANG PANGLUNGSOD DURING THE ALLEGED COMMISSION OF AN OFFENSE IN RELATION TO HIS OFFICE , NECESSARILY FALLS
WITHIN THE ORIGINAL JURISDICTION OF THE SANDIGANBAYAN .

PD 1606 AS AMENDED BY RA 7975, 8249, 10660 — REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL
COURT TO BE KNOWN AS “SANDIGANBAYAN” AND FOR OTHER PURPOSES.
Section 4. Jurisdiction. – The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving:
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 and 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 higher 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 the 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.
b. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and
employees mentioned in subsection a. of this section in relation to their office.
c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986.
Provided, That the Regional Trial Court shall have exclusive original jurisdiction where the information: (a) does not
allege any damage to the government or any bribery; or (b) alleges damage to the government or bribery arising from
the same or closely related transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).
Subject to the rules promulgated by the Supreme Court, the cases falling under the jurisdiction of the Regional Trial
Court under this section shall be tried in a judicial region other than where the official holds office.
In cases where none of the accused are occupying positions corresponding to Salary Grade ’27’ or higher, as prescribed
in the said Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original jurisdiction thereof
shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial
court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129, as
amended.
The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of regional
trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.
The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of
the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid
of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases