478 Phil. 506
CALLEJO, SR., J.:
That from the period 3 January 1997 up to 9 August 1997 and for sometime prior or subsequent thereto, in Dapitan City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Ricardo S. Inding, a high-ranking public officer, being a Councilor of Dapitan City and as such, while in the performance of his official functions, particularly in the operation against drug abuse, with evident bad faith and manifest partiality, did then and there, willfully, unlawfully and criminally, faked buy-bust operations against alleged pushers or users to enable him to claim or collect from the coffers of the city government a total amount ofThe case was docketed as Criminal Case No. 25116 and raffled to the Second Division of the Sandiganbayan.P30,500.00, as reimbursement for actual expenses incurred during the alleged buy-bust operations, knowing fully well that he had no participation in the said police operations against drugs but enabling him to collect from the coffers of the city government a total amount ofP30,500.00, thereby causing undue injury to the government as well as the public interest.[3]
The petitioner contends that, at the time the offense charged was allegedly committed, he was already occupying the position of Sangguniang Panlungsod Member I with SG 25. Hence, under Section 4 of Rep. Act No. 8249, amending Rep. Act No. 7975, it is the RTC and not the Sandiganbayan that has jurisdiction over the offense lodged against him. He asserts that under Adm. Order No. 270,[12] Dapitan City is only a component city, and the members of the Sangguniang Panlungsod are classified as Sangguniang Panlungsod Members I with SG 25. Thus, Section 4 a.(1)(b) of P.D. No. 1606, as amended by Section 2 of Rep. Act No. 7975, and retained by Section 4 of Rep. Act No. 8249, does not apply to him.
- That Republic Act [No.] 8249 which took effect last 05 February 1997 made the jurisdiction of the Sandiganbayan as a trial court depend not only on the penalty imposed by law on the crimes and offenses within its jurisdiction but on the rank and salary grade of accused government officials and employees.
- That the ruling of the Supreme Court in “Lilia B. Organo versus The Sandiganbayan and the People of the Philippines,” G.R. No. 133535, 09 September 1999, settles the matter on the original jurisdiction of the Sandiganbayan as a trial court which is over public officials and employees with rank and salary grade 27 and above.
It is very clear from the aforecited provisions of law that the members of the sangguniang panlungsod are specifically included as among those falling within the exclusive original jurisdiction of the Sandiganbayan.The threshold issue for the Court’s resolution is whether the Sandiganbayan has original jurisdiction over the petitioner, a member of the Sangguniang Panlungsod of Dapitan City, who was charged with violation of Section 3(e) of Rep. Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.
A reading of the aforesaid provisions, likewise, show that the qualification as to Salary Grade 27 and higher applies only to such officials of the executive branch other than the regional director and higher and those specifically enumerated. To rule, otherwise, is to give a different interpretation to what the law clearly is.
Moreover, had there been an intention to make Salary Grade 27 and higher as the sole factor to determine the exclusive original jurisdiction of the Sandiganbayan then the lawmakers could have simply stated that the officials of the executive branch, to fall within the exclusive original jurisdiction of the Sandiganbayan, should have been occupying the positions with a Salary Grade of 27 and higher. But the express wordings in both RA No. 7975 and RA No. 8249 specifically including the members of the sangguniang panlungsod, among others, as those within the exclusive original jurisdiction of the Sandiganbayan only means that the said sangguniang members shall be within the exclusive original jurisdiction of the said court regardless of their Salary Grade.
In this connection too, it is well to state that the lawmakers are very well aware that not all the positions specifically mentioned as those within the exclusive original jurisdiction of the Sandiganbayan have a Salary Grade of 27 and higher. Yet, the legislature has explicitly made the officials so enumerated in RA No. 7975 and RA No. 8249 as falling within the exclusive original jurisdiction of the Sandiganbayan because of the nature of these officials’ functions and responsibilities as well as the power they can wield over their respective area of jurisdiction.[13]
Sec. 4. Jurisdiction. The Sandiganbayan shall exercise [exclusive][16] original jurisdiction in all cases involving:In this case, as gleaned from the Information filed in the Sandiganbayan, the crime charged was committed from the period of January 3, 1997 up to August 9, 1997. The applicable law, therefore, is Rep. Act No. 7975. Section 2 of Rep. Act No. 7975 expanded the jurisdiction of the Sandiganbayan as defined in Section 4 of P.D. No. 1606, thus:
- 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][17] of the Revised Penal Code, where one or more of the principal 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:
…
Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:[18]A plain reading of the above provision shows that, for purposes of determining the government officials that fall within the original jurisdiction of the Sandiganbayan in cases involving violations of Rep. Act No. 3019 and Chapter II, Section 2, Title VII of the Revised Penal Code, Rep. Act No. 7975 has grouped them into five categories, to wit:
- 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 of the Revised Penal Code,[19] where one or more of the principal 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:
In cases where none of the principal accused are occupying positions corresponding to salary grade “27” or higher, as prescribed in the said Republic Act No. 6758, or PNP officers occupying the rank of superintendent or higher, or their equivalent, exclusive 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 jurisdiction as provided in Batas Pambansa Blg. 129.[23]
- 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:
- Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads;
- City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;[20]
- Officials of the diplomatic service occupying the position of 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;[21]
- City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
- Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations;
- Members of Congress and officials thereof classified as Grade “27” and up under the Compensation and Position Classification Act of 1989;
- Members of the judiciary without prejudice to the provisions of the Constitution;
- Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and
- All other national and local officials classified as Grade “27” and higher under the Compensation and Position Classification Act of 1989.
- Other offenses or felonies committed by the public officials and employees mentioned in subsection (a) of this section in relation to their office.[22]
- Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A.
With respect to the first category, i.e., officials of the executive branch with SG 27 or higher, Rep. Act No. 7975 further specifically included the following officials as falling within the original jurisdiction of the Sandiganbayan:
- Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher. . .
- Members of Congress and officials thereof classified as Grade “27” and up under the Compensation and Position Classification Act of 1989;
- Members of the judiciary without prejudice to the provisions of the Constitution;
- Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and
- All other national and local officials classified as Grade “27” and higher under the Compensation and Position Classification Act of 1989.
The specific inclusion of the foregoing officials constitutes an exception to the general qualification relating to officials of the executive branch as “occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989.” In other words, violation of Rep. Act No. 3019 committed by officials in the executive branch with SG 27 or higher, and the officials specifically enumerated in (a) to (g) of Section 4 a.(1) of P.D. No. 1606, as amended by Section 2 of Rep. Act No. 7975, regardless of their salary grades, likewise fall within the original jurisdiction of the Sandiganbayan.
- Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads;
- City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;
- Officials of the diplomatic service occupying the position of 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;
- Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations;
Senate Bill No. 1353 modifies the present jurisdiction of the Sandiganbayan such that only those occupying high positions in the government and the military fall under the jurisdiction of the court.More instructive is the sponsorship speech, again, of Senator Roco, of Senate Bill No. 844, which was substantially adopted by both Houses of Congress and became Rep. Act No. 8249. Senator Roco explained the jurisdiction of the Sandiganbayan in Rep. Act No. 7975, thus:
As proposed by the Committee, the Sandiganbayan shall exercise original jurisdiction over cases assigned to it only in instances where one or more of the principal accused are officials occupying the positions of regional director and higher or are otherwise classified as Grade 27 and higher by the Compensation and Classification Act of 1989, whether in a permanent, acting or interim capacity at the time of the commission of the offense. The jurisdiction, therefore, refers to a certain grade upwards, which shall remain with the Sandiganbayan.
The President of the Philippines and other impeachable officers such as the justices of the Supreme Court and constitutional commissions are not subject to the original jurisdiction of the Sandiganbayan during their incumbency.
The bill provides for an extensive listing of other public officers who will be subject to the original jurisdiction of the Sandiganbayan. It includes, among others, Members of Congress, judges and justices of all courts.[25]
Evidently, the officials enumerated in (a) to (g) Section 4 a.(1) of P.D. No. 1606, amended Section 2 of Rep. Act No. 7975, were specifically included within the original jurisdiction of the Sandiganbayan because the lawmakers considered them “big fish” and their positions important, regardless of their salary grades.SPONSORSHIP OF SENATOR ROCO…
By way of sponsorship, Mr. President – we will issue the full sponsorship speech to the members because it is fairly technical – may we say the following things:
To speed up trial in the Sandiganbayan, Republic Act No. 7975 was enacted for that Court to concentrate on the “larger fish” and leave the “small fry” to the lower courts. This law became effective on May 6, 1995 and it provided a two-pronged solution to the clogging of the dockets of that court, to wit:It divested the Sandiganbayan of jurisdiction over public officials whose salary grades were at Grade “26” or lower, devolving thereby these cases to the lower courts, and retaining the jurisdiction of the Sandiganbayan only over public officials whose salary grades were at Grade “27” or higher and over other specific public officials holding important positions in government regardless of salary grade;[26]
Category | New Position Title | Grade |
16. FOREIGN RELATIONS SERVICE | ||
... | ||
Foreign Service | ||
... | ||
Foreign Service Officer, Class II [27] | 23[28] | |
Foreign Service Officer, Class I [29] | 24[30] | |
... | ||
18. EXECUTIVE SERVICE | ||
... | ||
Local Executives | ||
... | ||
City Government Department Head I | 24[31] | |
City Government Department Head II | 26[32] | |
... | ||
Provincial Government Department Head | 25[33] | |
... | ||
City Vice Mayor I | 26 | |
City Vice Mayor II | 28 | |
City Mayor I | 28[34] | |
City Mayor II | 30 | |
19. LEGISLATIVE SERVICE | ||
Sangguniang Members | ||
... | ||
Sangguniang Panlungsod Member I | 25 | |
Sangguniang Panlungsod Member II | 27 | |
Sangguniang Panlalawigan Member | 26[35] | |
Office of the City and Provincial Prosecutors [36] | ||
Prosecutor IV | 29 | |
Prosecutor III | 28 | |
Prosecutor II | 27 | |
Prosecutor I | 26 |
Sec. 4. Jurisdiction. The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving: . . .[19] The phrase “Book II” was added after Title VII to read “. . . Chapter II, Section 2, Title VII, Book II of the Revised Penal Code in Rep. Act No. 8249.
[22] Amended in Rep. Act No. 8249 to read:
- Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher.
[23] Amended in Rep. Act No. 8249 to read:
- 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.
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.[24] Associated Communications & Wireless Services-United Broadcasting Networks v. National Telecommunications Commission, 397 SCRA 574 (2003).
In cases where none of the principal accused are occupying positions corresponding to salary grade “27” or higher, as prescribed in the said Republic Act No. 6758, or PNP officers occupying the rank of superintendent or higher, or their equivalent, exclusive 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 jurisdiction as provided in Batas Pambansa Blg. 129.[39] AGPALO, STATUTORY CONSTRUCTION, 1995 Edition, p. 197 also cited in National Tobacco Administration v. Commission on Audit, 311 SCRA 755 (1999).