Case Digest (G.R. No. 158187)
Facts:
Marilyn Geduspan and Dra. Evangelyn Farahmand v. People of the Philippines and Sandiganbayan, G.R. No. 158187, February 11, 2005, the Supreme Court Third Division, Corona, J., writing for the Court.On July 11, 2002 an information (Criminal Case No. 27525) for violation of Section 3(e) of RA 3019 (the Anti-Graft and Corrupt Practices Act) was filed in the Sandiganbayan, Fifth Division, against petitioner Marilyn C. Geduspan (charged as a public officer described in the information as Regional Manager/Director, PhilHealth Region VI) and respondent Dra. Evangeline C. Farahmand (a private individual). The information alleged that Geduspan, in relation to her office, unlawfully released certain PHIC claims amounting to P91,954.64 to Tiong Bi Medical Center despite a deed of conditional sale that purportedly made those receivables due to West Negros College, Inc.
Both accused filed a joint motion to quash dated July 29, 2002, asserting that the Sandiganbayan lacked jurisdiction over Geduspan because her position was classified as Salary Grade (SG) 26. In resolutions dated January 31, 2003 and May 9, 2003 the Sandiganbayan, Fifth Division denied the motion to quash and the motion for reconsideration, respectively. Geduspan thereafter filed this petition for certiorari under Rule 65 of the Rules of Court with a prayer for injunctive relief.
Petitioner produced her appointment paper and notice of salary adjustment showing her official appointment as Department Manager A of the Philippine Health Insurance Corporation (PhilHealth) with SG-26; PhilHealth is a government-owned or controlled corporation (GOCC) created under RA 7875. Geduspan argued that under RA 8249 (the Sandiganbayan law) jurisdiction over RA 3019 offenses attaches only to officials classified as SG-27 and higher (citing paragraphs (1) and (5), Section 4), and she relied on the Court’s decision in Ramon Cuyco v. Sandiganbayan to support her claim that SG-26 status put her outside Sandiganbayan jurisdiction. The Sandiganbayan denied the motion because Section 4, as amended, expressly includes “presidents, direc...(Pro-only)
Issues:
- Procedural: Does the Sandiganbayan have jurisdiction over petitioner Marilyn Geduspan given her appointment as Department Manager A with Salary Grade 26?
- Substantive: Whether a manager of a government-owned or controlled corporation such as PhilHealth falls within the Sandiganbayan’s original jurisdiction under Section 4 of RA 8249 for violation...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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