PANFILO LACSON v.

THE EXECUTIVE SECRETARY

G.R. No. 128096; 20 January 1999
Facts:
Eleven (11) persons believed to be members of the Kuratong Baleleng, an
organized crime syndicate, were killed by the elements of Anti-Bank Robbery and
Intelligence Task Group (ABRITG). Said group was composed of several police units
including the Presidential Anti-Crime Commission Task Force Habagat (PACC-TFH)
headed by herein petitioner. Consequently, a police from the Central Investigation
Command (CIC), another unit belonging to ABRITG, stated that what transpired
between the ABRITG and the gang members was a summary execution. This led to
the investigation of the incident, finding that said encounter was a legitimate police
operation.
However, the review board modified the findings and recommended for the
indictment for multiple murder against all of the respondents of the case, including
herein petitioner. Information for murder were filed against the same before the
Sandiganbayan. The Ombudsman then filed an amended information to the
Sandiganbayan, charging herein petitioner only as an accessory.
The petitioner then moved to question the jurisdiction of the Sandiganbayan,
contending that since the amended information only charged him as an accessory,
his case would thereby fall within the Regional Trial Courts jurisdiction. Petitioner
asserted that the jurisdiction of the Sandiganbayan is limited only to cases where
one or more of the principal accused who are government officials with Salary
Grade 27 or higher, or PNP officials with the rank of Chief Superintendent or higher.
When the Sandiganbayan admitted the amended information, it ordered for the
case to be transferred to the RTC of Quezon City.
Consequently, while the case was pending to be resolved, a law was passed
defining and expanding the jurisdiction of the Sandiganbayan (RA 8249), removing
the word principal from principal accused in Section 2 of RA 7975 (Old
Sandiganbayan Law). Aggrieved, petitioner challenged the constitutionality of the
law and argued that it is prejudicial to his cause considering that the law shall apply
to all cases pending in any court over which a trial has not begun.
ISSUE:
Whether or not the Sandiganbayan has jurisdiction to try and decide the
case.
HELD:
Yes. Sandiganbayan has the exclusive original jurisdiction to try and decide
the case. The jurisdiction of the Sandiganbayan also covers the felonies committed
by public officials and employees in relation to their office. Since herein petitioner
was charged with murder, what determines the jurisdiction of the Sandiganbayan is
the official position or rank of the offender that is, whether he is one of those
officers enumerated in the law. The provisions of RA 7975 (Old Sandiganbayan Law)
do not make any preference to the criminal participation of the accused public
officer as to whether he is charged as a principal, accomplice, or accessory. In
effect, the Congress, in enacting RA 8249 (New Sandiganbayan Law), did not
mention the criminal participation of the public officer as a requisite to determine
jurisdiction of the Sandiganbayan.