Facts:

The case involves Dinah C. Barriga as the petitioner against the Honorable Sandiganbayan (4th Division) and the People of the Philippines as respondents. The events leading to this case began on April 3, 2003, when the Office of the Ombudsman filed a motion with the Sandiganbayan for the admission of three Amended Informations. The first Amended Information, docketed as Criminal Case No. 27435, charged Dinah C. Barriga, the Municipal Accountant, and Virginio E. Villamor, the Municipal Mayor of Carmen, Cebu, with malversation of public funds amounting to P23,047.20, intended for the Corte-Cantumog Water System Project. The second Amended Information, Criminal Case No. 27436, accused them of illegal use of public funds amounting to P1,305.00, which was misappropriated for a project not included in the Central Visayas Water and Sanitation Project Trust Fund. The third Amended Information, Criminal Case No. 27437, similarly charged them with illegal use of public funds amounting ...

Facts:

Background of the Case

• The case involves petitioner Dinah C. Barriga, the Municipal Accountant of Carmen, Cebu, and her co-accused, Virginio E. Villamor, the Municipal Mayor.
• The Office of the Ombudsman filed three Amended Informations against the accused for malversation of public funds and illegal use of public funds.

Charges in the Amended Informations

1. Criminal Case No. 27435 (Malversation of Funds)

   • Accused of misappropriating P23,047.20 intended for the Corte-Cantumog Water System Project.
   • The funds were allegedly converted for personal use.

2. Criminal Case No. 27436 (Illegal Use of Public Funds)

   • Accused of illegally disbursing P1,305.00 from the Central Visayas Water and Sanitation Project Trust Fund (CVWSP Fund) for a project not included in the fund's intended beneficiaries.

3. Criminal Case No. 27437 (Illegal Use of Public Funds)

   • Accused of illegally using P267,537.96 from the CVWSP Fund for the construction of the Barangay Cantucong Water System, a project not covered by the fund.

Petitioner’s Motion to Quash

• Dinah C. Barriga filed a Motion to Quash the Amended Informations, arguing:
  • The Sandiganbayan lacked jurisdiction over the crimes charged.
  • The Informations failed to show a direct connection between the crimes and her official duties as Municipal Accountant.
  • She is not an accountable officer under the law.
  • Her position is classified as Salary Grade (SG) 24, which is below the threshold for Sandiganbayan jurisdiction.

Sandiganbayan’s Ruling

• The Sandiganbayan denied the Motion to Quash, holding that:
  • The crimes of malversation and illegal use of public funds are intrinsically related to the accused’s public office.
  • The Municipal Mayor’s position (SG 27) falls under Sandiganbayan jurisdiction, and the petitioner’s conspiracy with him makes her liable.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Jurisdiction of the Sandiganbayan

   • Under Republic Act No. 8249, the Sandiganbayan has jurisdiction over crimes committed by public officers in relation to their office.
   • The public office of the accused is a constituent element of the crimes of malversation and illegal use of public funds.

2. Nature of the Crimes Charged

   • Malversation and illegal use of public funds are crimes that cannot exist without the public office of the accused.
   • The Informations sufficiently alleged the connection between the crimes and the accused’s official duties.

3. Conspiracy and Liability

   • A public officer or private individual who conspires with an accountable officer (e.g., the Municipal Mayor) in committing malversation or illegal use of public funds is equally liable.
   • The petitioner’s position as Municipal Accountant (SG 24) does not absolve her of liability, as she conspired with the Municipal Mayor (SG 27).

4. Accountable Officer Status

   • While the petitioner is not an accountable officer under the Local Government Code, her participation in the conspiracy with an accountable officer makes her liable for the crimes charged.

Conclusion:

• The Supreme Court affirmed the Sandiganbayan’s jurisdiction and denied the petition, holding that the petitioner’s conspiracy with the Municipal Mayor makes her liable for malversation and illegal use of public funds, regardless of her position as Municipal Accountant.