G.R. No. 169004 September 15, 2010
PEOPLE OF THE PHILIPPINES
vs.
SANDIGANBAYAN and ROLANDO PLAZA
FACTS:
Private respondent, Rolando Plaza, is a member of the Sanguniang
Panlungsod of Toledo City, Cebu with a salary grade 25. He was charged in the
Sandiganbayan with violation of Section 89 of Presidential Decree No. 1445, or
the Auditing Code of the Philippines for his failure to liquidate the cash
advances he received.
Private
respondent then questioned the jurisdiction of the Sandiganbayan over the
offense charged. Private respondent contends that he should not fall under the
jurisdiction of the Sandiganbayan as he does not belong the salary grade 27 and
that his violation is not among those enumerated by law to be cognizable by the
Sandiganbayan even if the offender is below salary grade 27.
ISSUE:
Whether or not the Sandiganbayan has
jurisdiction over violations of the Auditing Code of the Philippines committed
by a public official below salary grade 27.
HELD:
Yes, the Sandiganbayan has jurisdiction over
violations of the Auditing Code of the Philippines committed by a public
official below salary grade 27.
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 case having been instituted on March 25, 2004 the provisions of
Republic Act No. 8249 shall govern.
Those that are
classified as Grade 26 and below may still fall within the jurisdiction of the
Sandiganbayan provided that they hold the positions thus enumerated by RA No.
8249. Among those enumerated are members if the Sangunuiang Panlungsod. In
connection therewith, Section 4 (b) of the same law provides that other
offenses or felonies committed by public officials and employees mentioned in
subsection (a) in relation to their office also fall under the jurisdiction of
the Sandiganbayan.