Macalino vs. Sandiganbayan

G.R. No. 140199-200
Petitioner, an employee of PNCC, challenged Sandiganbayan's jurisdiction, arguing he was not a public officer under the 1987 Constitution. The Supreme Court ruled in his favor, dismissing the estafa and falsification charges due to lack of jurisdiction.
employee public officer jurisdiction

Case Digest (G.R. No. 140199-200)

Facts:

Felicito S. Macalino v. Sandiganbayan and Office of the Ombudsman, G.R. Nos. 140199-200, February 06, 2002, Supreme Court First Division, Pardo, J., writing for the Court.

Petitioner Felicito S. Macalino was then Assistant Manager of the Treasury Division and Head of the Loans Administration & Insurance Section of the Philippine National Construction Corporation (PNCC). On September 16, 1992, the Special Prosecutor of the Office of the Ombudsman, with the Ombudsman’s approval, filed two informations with the Sandiganbayan: Criminal Case No. 18022 (estafa through falsification of official documents) and Criminal Case No. 19268 (frustrated estafa through falsification of mercantile documents). The informations alleged that petitioner and his wife, Liwayway S. Tan (owner of Wacker Marketing), conspired to substitute and alter payees on bank instruments, causing pecuniary injury to PNCC or attempting to do so.

Petitioner was arraigned on November 9, 1992 and pleaded not guilty; trial followed. During the defense’s initial presentation of evidence, petitioner moved for leave to file a motion to dismiss, arguing that the Sandiganbayan lacked jurisdiction because he was not a public officer within the coverage of Republic Act No. 3019 (the Anti-Graft and Corrupt Practices Act), since PNCC was incorporated under the general corporation law and did not possess an original charter as a government-owned or controlled corporation (GOCC).

The People opposed the motion. The Sandiganbayan denied petitioner’s motion to dismiss by resolution dated August 5, 1999 (the dispositive references also note an order dated July 29, 1999). Petitioner filed a petition for certiorari under Rule 65 of the Revised Rules of Court contestin...(Pro-only)

Issues:

  • Is petitioner, an employee of the PNCC, a public officer within the coverage of Republic Act No. 3019, as amended, such that the Ombudsman and the Sandiganbayan have jurisdiction to investigate ...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)
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