The Sandiganbayan has decided to pursue the graft case filed against a professor of the Palawan State University (PSU) for an alleged offense reportedly committed in 1988.

It denied the plea of Leonsita C. Navidad to dismiss the charge against her and to defer her arraignment.

Navidad claimed that the Sandiganbayan has no jurisdiction since her salary grade is below Grade 27 and with her Salary Grade of 24, the regional trial court (RTC) has the jurisdiction under the law.

She was charged with graft in the alleged overpayment of construction materials on Dec. 14, 1988 for the repair and maintenance of PSU’s College of Arts and Sciences (CAS) and College of Education (CED) buildings.

It was alleged that the amount paid was P66,125.90, but the materials delivered were only worth P38,320.90. The prosecution alleged that Navidad converted the excess amount to her own personal use and benefit.

The prosecution shared Navidad’s view that the Sandiganbayan has no jurisdiction over the professor’s case.

"While both accused and the prosecution agree that accused's public position during the subject period appears to fall below the Salary Grade 27 requirement under R.A. No. 8249, they neglect to consider that the same law provides that other officials are included in the Court's jurisdiction regardless of salary grade," the Sandiganbayan said.

It told the prosecution to “pursue its efforts diligently and with reasonable dispatch and to file the proper manifestation if it can no longer pursue the charges against the accused," given the "prolonged pendency" of Navidad's case.

The court’s resolution was written by Associate Justice Bayani H. Jacinto with the concurrence of Associate Justices Alex L. Quiroz and Lorifel L. Pahimna.