The Sandiganbayan has set aside the conviction of a barangay (village) treasurer as it ruled that the regional trial court (RTC) which tried his case and found him guilty of malversation of public funds had no jurisdiction over him and the case filed.
Set aside was the conviction of Efren R. Berromilla, treasurer of Barangay West Bajac-Bajac in Olongapo City. He was convicted by the Olongapo City RTC of malversation of P533,734.30, sentenced to four to eight years in jail, and ordered to pay a fine equivalent to the amount malversed.
Berromilla appealed his conviction before the Sandiganbayan and raised, among other allegations, the issue of lack of jurisdiction of the Olongapo City RTC over him and his case.
The anti-graft court granted his appeal. It cited Section 2 of Republic Act No. 10660 which amended the original charter of the court under Presidential Decree No. 1606.
Among other things, Section 2 of RA 10660 provides that the case falling within the jurisdiction of the RTC “shall be tried in a judicial region other than the place where the accused official holds office.”
Thus, the court said that applying Section 2 of RA 10660, “the information (criminal charge sheet) charging Berromilla with malversation of public funds for acts he committed as Barangay Treasurer of Barangay West Bajac-Bajac, Olongapo City should have been filed in a judicial region outside of the Third Judicial Region” (where Olongapo City RTC is located).
“Considering that the RTC of Olongapo City had no jurisdiction to hear and decide the instant criminal case against Berromilla, the judgment of the trial court convicting Berromilla of the crime of malversation of public funds should be set aside for want of jurisdiction, without prejudice to the filing of appropriate charge with the court of competent jurisdiction,” the Sandiganbayan ruled.
Associate Justice Arthur O. Malabaguio wrote the 11-page decision with the concurrence of Second Division Chairperson Associate Justice Oscar C. Herrera Jr. and Associate Justice Edgardo M. Caldona.