The Sandiganbayan has affirmed the conviction of a disbursing officer of Solano, Nueva Vizcaya for filing her appeal before the wrong court and, thus, exhausting the reglamentary period to challenge the guilty verdict.
In a decision, the anti-graft court said it is vested with appellate jurisdiction over final judgments or orders isssued by the regional trial court (RTC).
However, it said its jurisdiction cannot be applied in the case of disbursing officer Jocelyn D. Tuzon considering her appeal was filed before the wrong forum.
Thus, the Sandiganbayan said, Tuzon's appeal "is clearly beyond the 15-day period within which to appeal, and as such, this court cannot exercise appellate jurisdiction to review the assailed decision."
The Nueva Vizcaya RTC found Tuzon guilty of malversation of public funds and sentenced her to a prison term ranging from two months and one day to seven years, four months and one day. She was also disqualified from hoding public office and ordered to pay a fine of P976,696.96.
On Nov. 21, 2022, Tuzon filed an appeal before the Court of Appeals (CA) and was given due course by the RTC which forwarded the records of the case to the CA on Jan. 30, 2023.
On Aug. 15, 2023, the CA endorsed the appeal to the Sandiganbayan and transmitted the records on Sept. 8, 2023.
The Sandiganbayan said the CA should have dismissed the appeal outright for lack of jurisdiction instead of forwarding the records of the case to the anti-graft court.
Based on the RTC decision dated Nov. 17, 2022, Tuzon had until Dec. 2, 2022 to file her appeal before the Sandiganbayan, it said.
However, she filed her appeal on Nov. 21, 2022 before the wrong court, it also said.
The Sandiganbayan ruled:
"Considering that the appeal of Tuzon was filed to the wrong forum, it did not toll the running of the 15-day reglementary period. Hence, the Decision dated November 3, 2022 of the RTC, Branch 27, Bayombong, Nueva Vizcaya, convicting accused-appellant Jocelyn G. Tuzon, had already attained finality. As such, this court cannot exercise appellate jurisdiction to review the assailed Decision.
"Wherefore, the appeal is hereby dismissed. The Decision dated Nov. 3, 2022 of the Regional Trial Court of Bayombong, Nueva Vizcaya, Branch 27 in Criminal Case No. 6705 is declared to be final and executory. So ordered."
The eight-page decision was written by Associate Justice Ronald B. Moreno with the concurrence of Third DivisionChairperson Karl B. Miranda and Associate Justice Bernelito R. Fernandez.