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Sandiganbayan Jurisdiction: SG 27+

The Sandiganbayan assumed jurisdiction over a case charging a regional director of the BIR with failure to properly disclose assets in his statement of assets, liabilities, and net worth (SALN). However, the regional director, with a salary grade of 26, questioned the Sandiganbayan's jurisdiction. The Supreme Court ruled that under Republic Act No. 7975, only regional directors with a salary grade of 27 or higher fall under the Sandiganbayan's exclusive jurisdiction, so it did not have jurisdiction over the regional director in this case. The Sandiganbayan's jurisdiction is limited to officials with salary grade 27 or higher and officials specifically enumerated in the law, regardless of salary grade.

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Marinelle Aycee Moleta Perral
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262 views2 pages

Sandiganbayan Jurisdiction: SG 27+

The Sandiganbayan assumed jurisdiction over a case charging a regional director of the BIR with failure to properly disclose assets in his statement of assets, liabilities, and net worth (SALN). However, the regional director, with a salary grade of 26, questioned the Sandiganbayan's jurisdiction. The Supreme Court ruled that under Republic Act No. 7975, only regional directors with a salary grade of 27 or higher fall under the Sandiganbayan's exclusive jurisdiction, so it did not have jurisdiction over the regional director in this case. The Sandiganbayan's jurisdiction is limited to officials with salary grade 27 or higher and officials specifically enumerated in the law, regardless of salary grade.

Uploaded by

Marinelle Aycee Moleta Perral
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Duncano v.

Sandiganbayan

FACTS:

Duncano, a regional director of the BIR with salary grade 26, was charged by the Office of the Special
Prosecutor (OSP), Office of the Ombudsman, of violation of Section 8, in relation to Section 11 of R.A.
No. 6713 for failure to disclose in his SALN his financial and business interests/connection on business
entities of which he and his family are the registered owners thereof, and the SUV registered in the
name of his son which are part of his assets, to the damage and prejudice of public interest. Duncano
questioned the jurisdiction of the Sandiganbayan asserting that as a public officer, he only had salary
grade 26 which is below the salary grade 27 requirement in order for Sandiganbayan to acquire
jurisdiction as provided in Presidential Decree (P.D.) No. 1606, as amended by Section 4 (A) (1) of R.A.
No. 8249

In Opposition, the OSP argued that a reading of Section 4 (A) (1) (a) to (g) of the subject law would
clearly show that the qualification as to Salary Grade 27 and higher applies only to officials of the
executive branch other than the Regional Director and those specifically enumerated. The fact that the
position of Regional Director was specifically mentioned without indication as to its salary grade signifies
the lawmakers’ intention that officials occupying such position, regardless of salary grade, fall within the
original and exclusive jurisdiction of the Sandiganbayan. The Sandiganbayan still assumed jurisdiction
over the case

ISSUE:

WON only Regional Directors with Salary Grade of 27 and higher fall within the exclusive jurisdiction of
the Sandiganbayan.

RULING:

YES.

Petitioner is not an executive official with Salary Grade 27 or higher. Neither does he hold any position
particularly enumerated in Section 4 (A) (1) (a) to (g).

The Sandiganbayan has no jurisdiction over violations of Republic Act No. 3019, as amended, unless
committed by public officials and employees occupying positions of regional director and higher with
Salary Grade “27” or higher, under the Compensation and Position Classification Act of 1989 (Republic
Act No. 6758) in relation to their office. Those that fall within the original jurisdiction of the
Sandiganbayan are: (1) officials of the executive branch with Salary Grade 27 or higher, and (2) officials
specifically enumerated in Section 4 (A) (1) (a) to (g), regardless of their salary grades.

Republic Act No. 7975 divested the Sandiganbayan of jurisdiction over public officials whose salary
grades were at Grade “26” or lower, devolving thereby these cases to the lower courts, and retaining
the jurisdiction of the Sandiganbayan only over public officials whose salary grades were at Grade “27”
or higher and over other specific public officials holding important positions in government regardless of
salary grade. Except for those officials specifically included in Section 4 a. (1) (a) to (g), regardless of their
salary grades, over whom the Sandiganbayan has jurisdiction, all other public officials below SG 27 shall
be under the jurisdiction of the proper trial courts “where none of the principal accused are occupying
positions corresponding to SG 27 or higher.

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