Case Digest (G.R. No. 191894)
Facts:
Danilo A. Duncano v. Hon. Sandiganbayan (2nd Division), and Hon. Office of the Special Prosecutor, G.R. No. 191894, July 15, 2015, Supreme Court Third Division, Peralta, J., writing for the Court.Petitioner Danilo A. Duncano was, at the time material, Regional Director of the Bureau of Internal Revenue (BIR) whose position was classified as Director II, Salary Grade (SG) 26 under the Compensation and Position Classification Act of 1989 (R.A. No. 6758). On March 24, 2009 the Office of the Special Prosecutor (OSP) filed Criminal Case No. SB-09-CRM-0080 in the Sandiganbayan Second Division charging Duncano with violation of Section 8 in relation to Section 11 of R.A. No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), for allegedly failing to disclose in his 2002 SALN certain corporate interests and a vehicle.
Before arraignment, petitioner moved to dismiss the complaint and prayed the issuance of a warrant of arrest be deferred, arguing that under P.D. No. 1606, as amended by Section 4(A)(1) of R.A. No. 8249, the Sandiganbayan lacked jurisdiction because his post was not classified at SG 27 or higher; he relied on this Court’s prior decisions including Inding v. Sandiganbayan and Serana v. Sandiganbayan. The OSP opposed, contending Section 4(A)(1) should be read to include the position “regional director” irrespective of salary grade and relied on the statute’s enumerations and prior rulings it construed as supporting its view.
On August 18, 2009, the Sandiganbayan Second Division denied the Motion to Dismiss, ruled that “regional director and higher” are qualified by “otherwise classified as Grade 27 and higher” but also that certain positions (those listed in subparagraphs (a)–(g)) are within Sandiganbayan jurisdiction regardless of grade, and concluded that the position of Regional Director falls within the court’s jurisdiction even if below SG 27; a warrant of arrest was issued. Petitioner’s motion for reconsideration was denied by order dated February 8, 2010. Petitioner surrendered and posted cash bond on September 17, 2009, and was arraigned on April 14, 2010.
Petitioner filed a petition for certiorari under Rule 65 seeking to set asid...(Subscriber-Only)
Issues:
- Did the Sandiganbayan have jurisdiction to try petitioner, a Regional Director whose position was classified as Salary Grade 26, under P.D. No. 1606 as amended by Section 4(A)(1) of R.A. No. 8249?
- Was petitioner’s Rule 65 petition premature on the ground that the Sandiganbayan had not yet acquired juri...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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