491 Phil. 375
CORONA, J.:
That on or about the 27th day of November, 1999, and for sometime subsequent thereto, at Bacolod City, province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, above-named accused MARILYN C. GEDUSPAN, a public officer, being the Regional Manager/Director, of the Philippine Health Insurance Corporation, Regional office No. VI, Iloilo City, in such capacity and committing the offense in relation to office, conniving, confederating and mutually helping with DR. EVANGELINE C. FARAHMAND, a private individual and Chairman of the Board of Directors of Tiong Bi Medical Center, Tiong Bi, Inc., Mandalangan, Bacolod City, with deliberate intent, with evident bad faith and manifest partiality, did then and there wilfully, unlawfully and feloniously release the claims for payments of patients confined at L.N. Memorial Hospital with Philippine Health Insurance Corp., prior to January 1, 2000, amounting to NINETY ONE THOUSAND NINE HUNDRED FIFTY-FOUR and 64/100 (P91,954.64), Philippine Currency, to Tiong Bi Medical Center, Tiong Bi, Inc. despite clear provision in the Deed of Conditional Sale executed on November 27, 1999, involving the sale of West Negros College, Inc. to Tiong Bi, Inc. or Tiong Bi Medical Center, that the possession, operation and management of the said hospital will be turned over by West Negros College, Inc. to Tiong Bi, Inc. effective January 1, 2000, thus all collectibles or accounts receivable accruing prior to January 1, 2000 shall be due to West Negros College, Inc., thus accused MARILYN C. GEDUSPAN in the course of the performance of her official functions, had given unwarranted benefits to Tiong Bi, Inc., Tiong Bi Medical Center, herein represented by accused DR. EVANGELINE C. FARAHMAND, to the damage and injury of West Negros College, Inc.Both accused filed a joint motion to quash dated July 29, 2002 contending that the respondent Sandiganbayan had no jurisdiction over them considering that the principal accused Geduspan was a Regional Director of Philhealth, Region VI, a position classified under salary grade 26.
CONTRARY TO LAW.
Section 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:The petition lacks merit.
- 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 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;xxx xxx xxx
(5) All other national and local officials classified as Grade “27” and higher under the Compensation and Position Classification Act of 1989.
Section 4. Section 4 of the same decree is hereby further amended to read as follows:It is of no moment that the position of petitioner is merely classified as salary grade 26. While the first part of the above–quoted provision covers only officials of the executive branch with the salary grade 27 and higher, the second part thereof “specifically includes” other executive officials whose positions may not be of grade 27 and higher but who are by express provision of law placed under the jurisdiction of the said court.
Section 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ‘Grade 27’ and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
- 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;
(a) xxx xxx xxx
(b) xxx xxx xxx
(c) xxx xxx xxx
(d) xxx xxx xxx
(e) xxx xxx xxx
(f) xxx xxx xxx
(g) Presidents, directors or trustees, or managers of government-owned and controlled corporations, state universities or educational institutions or foundations.” (Underscoring supplied).
A perusal of the aforequoted Section 4 of R.A. 8249 reveals that to fall under the exclusive jurisdiction of the Sandiganbayan, the following requisites must concur: (1) the offense committed is a violation of (a) R.A. 3019, as amended (the Anti-Graft and Corrupt Practices Act), (b) R.A. 1379 (the law on ill-gotten wealth), (c) Chapter II, Section 2, Title VII, book II of the Revised Penal Code (the law on bribery), (d) Executive Order Nos. 1,2, 14 and 14-A, issued in 1986 (sequestration cases), or (e) other offenses or felonies whether simple or complexed with other crimes; (2) the offender committing the offenses in items (a), (b), (c) and (e) is a public official or employee holding any of the positions enumerated in paragraph a of section 4; and (3) the offense committed is in relation to the office.To recapitulate, petitioner is a public officer, being a department manager of Philhealth, a government-owned and controlled corporation. The position of manager is one of those mentioned in paragraph a, Section 4 of RA 8249 and the offense for which she was charged was committed in relation to her office as department manager of Philhealth. Accordingly, the Sandiganbayan has jurisdiction over her person as well as the subject matter of the case.