The Sandiganbayan has granted the petition of Mayor Cenan B. Volante of Malilipot, Albay to dismiss the graft case filed against him before the regional trial court (RTC) in Calauag, Quezon for lack of jurisdiction.

"Criminal Case No. 24-10093-C is therefore dismissed… without prejudice to the filing of the appropriate Information (criminal charge sheet) with the Sandiganbayan which has jurisdiction over the offense charged," the anti-graft court ruled.

The Sandiganbayan has jurisdiction over graft cases filed against government officials with Salary Grade 27 and above. The RTCs, on the other hand, have jurisdiction over those charged with Salary Grade 26 and below.

Almost all municipal mayors have a Salary Grade of 26.

Last April 15, Volante filed a petition before the Sandiganbayan against the order of RTC Judge Jeshiree D. Espinas-Dionisio who denied his motion to dismiss for lack of jurisdiction. Also named in the petition were Sheila Barallas and Larry B. Bonafos, the private respondents.

Volante was charged before the RTC with violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act. The charge stemmed from the Contract to Sell for the acquisition of three parcels of land co-owned by Salud, Marietta, and Medardo Bertillo with an area of 25,238 square meters for P12,114,240 for the setting up of a solid waste disposal facility.

The state prosecutors said that the necessary supplemental appropriation for the purchase of said lots has not been approved by the Sangguniang Panlalawigan.

They also claimed that Volante entered into a Deed of Sale with the Bertillos for the said properties on March 14, 2019 "knowing fully well that no prior geological assessment and other necessary tests have been conducted to determine the viability of these lots as a solid waste disposal facility."

Volante filed a motion to dismiss on May 28, 2025. On June 30, 2025, his motion was denied by the RTC which affirmed its jurisdiction over the case. When his motion for reconsideration was likewise denied, he elevated the issue before the Sandiganbayan.

In granting Volante’s petition, the anti-graft court said that the RTC has no jurisdiction over the offense charged.

"Compelling petitioner (Volante) to proceed to trial under these circumstances violates his constitutional rights to due process and to the speedy disposition of cases and exemplifies the kind of grave abuse of discretion that certiorari intended to correct," the Sandiganbayan ruled.

Should the proceedings before the RTC continue, the anti-graft court said that the judgment rendered would be "ineffectual" and all the time, effort, and resources expended would be wasted, it pointed out.

The 35-page decision was written by Presiding Justice Geraldine Faith A. Econg with the concurrence of Associate Justices Edgardo M. Caldona and Gener M. Gito.