Lacson vs. Executive Secretary

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Lacson vs.

Executive Secretary
GR No. 128096
20 January 1999
FACTS
On May 18, 1995, alleged members of the Kuratong Baleleng gang, reportedly an organized syndicate which had
been involved in a spate of bank robberies in Metro Manila, were slain in Quezon City by elements of the Anti-Bank
Robbery and Intelligence Task Group (ABRITG). The incident was sensationalized as a rub out, thus implicating
Panfilo Lacson, the then PNP Chief, among others, as the ones responsible. They were accused of multiple murders
filed before the Sandiganbayan. They averred that the case falls under the jurisprudence of the Regional Trial Court
pursuant to Sec. 2 of RA 7975 (An Act to Strengthen the Functional and Structural Organization of the
Sandiganbayan, Amending For that Purpose Presidential Decree 1606, As Amended), which limited the jurisdiction of
the Sandiganbayan to cases where one or more of the "principal accused" are government officials with Salary Grade
27 or higher, or PNP officials with the rank of Chief Superintendent or higher. The highest ranking of the accused in
the information is only a Chief inspector, and none has the equivalent of at least SG 27.
ISSUE
Whether the case falls within the Sandiganbayan's jurisdiction
HELD
No.
In People vs. Montejo, it was held that an offense is said to have been committed in relation to one's office if it (the
offense) is intimately connected with the office of the offender and that it was perpetrated while in the performance of
his official functions. Such intimate relation must be alleged in the information. Upon examination of the amended
information, there was no specific allegation of facts that the shooting of the victim by the principal accused was
intimately related to the discharge of their official duties as police officers. Further, there was no indication from the
amended information that the said accused arrested, investigated, and further killed the victims while in custody. It
was not established the exact offense which the accused is alleged to have committed in relation to his office.
For failure to show in the amended information that the charge of murder was intimately connected with the discharge
of their official functions, the offense charged against the accused officers is plain murder, and therefore, within the
exclusive jurisdiction of the RTC.

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