Sandiganbayan clarifies jurisdiction over graft cases
Graft cases that do not allege any damage to the government or bribery not exceeding P1 million fall under the jurisdiction of the Regional Trial Courts (RTCs) and not the Sandiganbayan.
This was the ruling of the anti-graft court as it granted the motion of the prosecution to withdraw the graft case filed against former mayor Philip A. Pichay of Cantilan town in Surigao del Sur.
Pichay's case, docketed as SB-25-CRM-0016, was for violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
He was charged together with Municipal Treasurer Corazon R. Grumo for reportedly causing undue injury to Aris Anthony B. Alarilla, proprietor of Triple A Construction Supply (TACS).
They were accused of revoking Alarilla’s business permit without any legal basis or reason and without due process, even if the permit had an expiration date of Dec. 31, 2022.
As a result, there was an abrupt termination of TACS’s contract with Marcventures Mining and Development Corporation (MMDC).
The prosecution filed a motion to withdraw the case as it explained that the case does not fall within the Sandiganbayan's exclusive original jurisdiction because no damage was caused to the government - only to private complainant Alarilla.
Pichay objected to the motion and pointed out that he had already prepared for the pre-marking of the documentary exhibits for his arraignment and pre-trial. He also said that he and his lawyer have already booked and paid for round-trip plane tickets.
Instead of withdrawing the case, Pichay insisted that the case should be quashed or dismissed.
The anti-graft court granted the prosecution's motion and agreed that the present case falls within the RTC’s exclusive original jurisdiction because no damage to the government was alleged or bribery in an amount exceeding P1 million was claimed in the charges.
The court said that Section 4 of Presidential Decree No. 1606, as amended by Republic Act No. 10660, "expressly removes from the Sandiganbayan's exclusive original jurisdiction cases where the Information does not allege any damage to the government or bribery."
The six-page resolution was written by Associate Justice Sarah Jane T. Fernandez with the concurrence of Associate Justices Kevin Narce B. Vivero and Lord A. Villanueva.