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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. Nos. 122297-98   January  19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. Nos. 122297-98. January 19, 2000.]

    CRESCENTE Y. LLORENTE, JR., Petitioner, v. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, Respondents.

    D E C I S I O N


    PARDO, J.:


    The case before the Court is a special civil action for certiorari 1 assailing the jurisdiction of the Sandiganbayan over the criminal cases against then municipal mayor Crescente Y. Llorente, Jr. for violations of Republic Act No. 3019, as amended.chanrobles.com : virtual law library

    Petitioner Crescente Y. Llorente, Jr. was elected municipal mayor of Sindangan, Zamboanga in 1988 and 1992. On May 8, 1995, he was a candidate for congressman, second district of Zamboanga del Norte, and was duly elected.

    On August 6, 1993, the Office of the Special Prosecutor 2 filed with the Sandiganbayan an information 3 against Crescente Y. Llorente, Jr., municipal mayor of Sindangan, Zamboanga del Norte, P/Sgt. Juanito Caboverde and Jose Dy for violation of Section 3 (e), Republic Act No. 3019, as amended, committed as follows:jgc:chanrobles.com.ph

    "That on or about June 12, 1989, in the Municipality of Sindangan, Zamboanga del Norte, and within the jurisdiction of this Honorable Court, Accused Crescente Y. Llorente, Jr., Municipal Mayor of Sindangan, Zamboanga del Norte and P/Sgt. Juanito Cadoverde of the defunct Integrated National Police and as such public officers and the other accused Jose Dy, a private individual, conspiring with each other and acting with evident bad faith, did then and there, willfully, unlawfully and criminally seized (sic) 930 sawn knockdown wooden boxes owned by Godofredo M. Diamante without any search and seizure warrant and without issuing any receipt of seizure thereby causing undue damage and injury to said Godofredo M. Diamante and this offense was committed in relation to the office of the said public officers.

    "CONTRARY TO LAW.

    "Manila, August 6, 1993.

    (s/t) GUALBERTO J. DE LA LLANA

    "Special Prosecution Officer III" 4

    On February 2, 1994, the three accused were arraigned before the Sandiganbayan and pleaded not guilty.

    On March 31, 1995, the Office of the Ombudsman 5 filed with the Sandiganbayan another information 6 against petitioner for violation of Section 3 (f), Republic Act No. 3019, as amended, committed as follows:jgc:chanrobles.com.ph

    "That on or about July 5, 1993, and for sometime subsequent thereto, in Sindangan, Zamboanga del Norte, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, a public officer, being then the Municipal Mayor of Sindangan, Zamboanga del Norte, with grave abuse of authority, did then and there wilfully, unlawfully and criminally refuse to issue Mayor’s permit to the ice plant and resawmill/box factory of R. F. Diamante and family, without sufficient justification, after due demand and payment of license fees were made, said refusal to grant Mayor’s permit being not only personal but for the purpose of giving undue advantage to similar businesses in town and as an act of discriminating against the interest of the complainant to the latter’s damage and prejudice.

    "CONTRARY TO LAW.

    "Manila, Philippines, March 31, 1995

    "(s/t) DANIEL B. JOVACON, JR.

    "Special Prosecution Officer I" 7

    The trial of both criminal cases before the Sandiganbayan has not begun.

    On May 16, 1995, Congress enacted Republic Act No. 7975, 8 amending Section 4 of Presidential Decree No. 1606, 9 providing:jgc:chanrobles.com.ph

    "SECTION 4. Jurisdiction. — The Sandiganbayan shall exercise original jurisdiction in cases involving:jgc:chanrobles.com.ph

    "a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:jgc:chanrobles.com.ph

    "(1) Officials of the executive branch occupying the positions of regional director or higher, otherwise classified as Grade "27" and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:jgc:chanrobles.com.ph

    "(a) Provincial governors, vice governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads;

    "(b) City mayors, vice mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;

    "(c) Officials of the diplomatic service occupying the position of consul and higher;

    "(d) Philippine army and air force colonels, naval captains, and all other officials of higher rank;

    "(e) PNP chief superintendent and PNP officers of higher rank;

    "(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;

    "(g) Presidents, directors, or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions of foundations.

    "(2) Members of Congress and officials thereof classified as Grade "27" and up under the Compensation and Position Classification Act of 1989;

    "(3) Members of the judiciary without prejudice to the provisions of the Constitution;

    "(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and

    "(5) All other national and local officials classified as Grade "27" and higher under the Compensation and Position Classification Act of 1989.

    "b. Other offenses or felonies committed by the public officials and employees mentioned in subsection (a) of this section in relation to their office.

    "c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A.

    "In cases where none of the principal accused are occupying positions corresponding to salary grade "27" or higher, as prescribed in the said Republic Act No. 6758, or PNP officers occupying the rank of superintendent or higher, or their equivalent, exclusive jurisdiction thereof shall be vested in the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court, as the case may be, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129." 10

    On July 10, 1995, petitioner filed with the Sandiganbayan, Third Division, a motion to dismiss or transfer Criminal Case No. 19763 to the Regional Trial Court, Sindangan, Zamboanga.chanrobles.com : law library

    On the same date, petitioner filed with the Sandiganbayan, First Division, a motion to refer Criminal Case No. 22655 to the Regional Trial Court, Sindangan, Zamboanga.

    Petitioner averred that the enactment of Republic Act No. 7975 divested the Sandiganbayan of its jurisdiction over criminal cases against municipal mayors for violations of Republic Act No. 3019, as amended, who receive salary less than that corresponding to Grade 27, pursuant to the Index of Occupational Services prepared by the Department of Budget and Management (DBM).

    On September 7, 1995, the Sandiganbayan, First Division 11 denied the motion to refer Criminal Case No. 22655 to the Regional Trial Court. On October 10, 1995, the Sandiganbayan denied petitioner’s motion for reconsideration. 12

    On September 14, 1995, Sandiganbayan, Third Division 13 also denied the motion to transfer Criminal Case No. 19763 to the Regional Trial Court.

    Hence, petitioner filed these petitions for certiorari. 14

    On December 27, 1995, the Court consolidated the two cases. 15

    On February 23, 1997, Congress enacted Republic Act No. 8249, an act redefining the jurisdiction of Sandiganbayan. 16

    On September 1, 1999, we gave due course to the petitions. 17

    The issue raised in these two cases is whether or not Republic Act No. 7975 divested the Sandiganbayan of its jurisdiction over violations of Republic Act No. 3019, as amended, against municipal mayors.

    We have resolved this issue in recent cases ruling that the Sandiganbayan has jurisdiction over violations of Republic Act No. 3019, as amended, against municipal mayors. 18

    There is no merit to petitioner’s averment that the salary received by a public official dictates his salary grade. "On the contrary, it is the official’s grade that determines his or her salary, not the other way around." 19 "To determine whether the official is within the exclusive jurisdiction of the Sandiganbayan, therefore, reference should be made to Republic Act No. 6758 and the Index of Occupational Services, Position Titles and Salary Grades. An official’s grade is not a matter of proof, but a matter of law which the court must take judicial notice." 20

    Section 444 (d) of the Local Government Code provides that "the municipal mayor shall receive a minimum monthly compensation corresponding to Salary Grade twenty-seven (27) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto." Additionally, both the 1989 and 1997 versions of the Index of Occupational Services, Position Titles and Salary Grades list the municipal mayor under Salary Grade 27. 21 Consequently, the cases against petitioner as municipal mayor for violations of Republic Act No. 3019, as amended, are within the exclusive jurisdiction of the Sandiganbayan.

    WHEREFORE, we hereby DISMISS the consolidated petitions at bar, for lack of merit.

    No costs.

    SO ORDERED.chanroblesvirtual|awlibrary

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Under Rule 65, 1964 Revised Rules of Court.

    2. Special Prosecution Officer III Gualberto J. de la Llana, Rollo, pp. 26-27.

    3. Docketed as Criminal Case No. 19763.

    4. Petition, Annex "B", Rollo, G.R. No. 122297, pp. 26-27.

    5. Special Prosecution Officer I Daniel B. Jovacon, Jr., Rollo, G. R. No. 122298, pp. 29-30.

    6. Docketed as Criminal Case No. 22655.

    7. Petition, Annex "D", Rollo, G.R. No. 122298, pp. 29-30.

    8. An Act to Strengthen the Functional and Structural Organization of the Sandiganbayan, amending for that Purpose Presidential Decree No. 1606, as amended.

    9. Revising Presidential Decree 1486, Creating A Special Court to be known as the Sandiganbayan and for Other Purposes, promulgated on December 10, 1978.

    10. Republic Act No. 7975, Section 4 a.

    11. Justice Minita Chico-Nazario, ponente, Justices Francis E. Garchitorena and Jose S. Balajadia, concurring. G. R. No. 122298, Rollo, pp. 19-21.

    12. G. R. No. 122298, Rollo, p. 22.

    13. Justice Cipriano A. del Rosario, ponente, Justices Romeo M. Escareal and Roberto M. Lagman, concurring, G. R. No. 122297, Rollo, pp. 21-25.

    14. Both filed on October 27, 1995.

    15. In the resolution dated December 27, 1995, G. R. No. 122298, Crescente Y. Llorente, Jr., v. Sandiganbayan, was consolidated with G. R. Nos. 122297 and 122166, Rollo, p. 49. On July 17, 1996, we issued resolution deconsolidating G. R. No. 122166 since it involved a review of the Sandiganbayan’s decision convicting petitioner of violation of Section 3 (e), Republic Act No. 3019. G. R. No. 122298, Rollo, p. 67.

    16. Binay v. Sandiganbayan, G. R. Nos. 120681-83, October 1, 1999.

    17. G. R. No. 122297, Rollo, pp. 310-311.

    18. Binay v. Sandiganbayan, supra; Rodrigo, Jr. v. Sandiganbayan, G. R. No. 125498, February 18, 1999; Layus v. Sandiganbayan, G. R. No. 134272, December 8, 1999.

    19. Binay v. Sandiganbayan, supra.

    20. Binay v. Sandiganbayan, supra.

    21. Binay v. Sandiganbayan, supra.

    G.R. Nos. 122297-98   January  19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.


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