Case Summary (G.R. No. 133535)
Overview
The case involves a special civil action for certiorari with a request for a preliminary injunction or temporary restraining order, challenging the resolutions made by the Sandiganbayan, Fourth Division. Specifically, the challenge is directed at the denial of the petitioner’s motion to quash the information filed against her regarding the crime of plunder.
Background of the Case
On August 15, 1997, Special Prosecution Officer Jose T. de Jesus, Jr. submitted an Information to the Sandiganbayan. This Information accused Lilia B. Organo and several others, all of whom were public officers employed by the Bureau of Internal Revenue, of committing plunder by unlawfully amassing government funds through an unauthorized bank account. The amount in question was significant, totaling P193,565,079.64, allegedly taken from the government treasury through fraudulent means.
Motion to Quash
In response to the Information, petitioner Organo filed a motion to quash on August 20, 1997, arguing that the Sandiganbayan lacked jurisdiction in the case pursuant to Republic Act No. 8249, which had been enacted on February 5, 1997. This motion was not resolved prior to the issuance of an arrest warrant against all accused on September 29, 1997, prompting further legal maneuvers by the petitioner.
Denial of Jurisdiction
The Sandiganbayan issued a resolution on November 28, 1997, denying the motion to quash, asserting that it had jurisdiction over plunder cases under Republic Act No. 7080, considering it a special law. Petitioner Organo reiterated her claims regarding the jurisdictional issues in a motion for reconsideration filed on December 9, 1997. However, the Sandiganbayan denied this motion on April 28, 1998, ruling that Organo had to first surrender before further proceedings could continue.
Jurisdictional Dispute
The core issue before the court was the jurisdiction of the Sandiganbayan at the time the information was filed. The petitioner contended that since none of the accused were occupying positions with a Salary Grade of “27” or higher, the case should fall under the jurisdiction of the Regional Trial Court as provided by Republic Act No. 8249. Conversely, the Sandiganbayan maintained that it retained jurisdiction over the plunder case as governed by Republic Act No. 7080, which categorically states that such cases are under its original jurisdiction unless otherwise stipulated by law.
Statutory Interpretation and Conclusion
It was determined that Republic Act No. 8249 delineated the jurisdiction of the Sandiganbayan with specific reference to the positions held by public officials i
...continue readingCase Syllabus (G.R. No. 133535)
Case Overview
- The case is a special civil action for certiorari with preliminary injunction or temporary restraining order.
- Petitioner Lilia B. Organo challenges the resolutions of the Sandiganbayan, Fourth Division, which denied her motion to quash the information against her for lack of merit.
- The Supreme Court granted the petition.
Background Facts
- On August 15, 1997, Special Prosecution Officer Jose T. de Jesus, Jr. filed an Information against multiple individuals, including Organo, for the crime of "plunder" under R.A. No. 7080, as amended by R.A. No. 7659.
- The allegations stated that between November 1996 and February 1997, the accused public officers, while in their official capacities, opened an unauthorized bank account and misappropriated funds amounting to P193,565,079.64 belonging to the National Government.
Procedural History
- On August 20, 1997, Organo filed a motion to quash the information, arguing lack of jurisdiction based on R.A. 8249, approved on February 5, 1997.
- Despite not resolving this motion, the Sandiganbayan issued a warrant of arrest on September 29, 1997.
- The Sandiganbayan denied Organo's motion to quash on November 28, 1997, citing lack of merit.
- Organo filed a motio