PEOPLE OF THE PHILIPPINES Vs Sandiganbayan and Amante
PEOPLE OF THE PHILIPPINES Vs Sandiganbayan and Amante
PEOPLE OF THE PHILIPPINES Vs Sandiganbayan and Amante
AMANTE, respondents.
Facts:
Victoria Amante was a member of the Sangguniang Panlungsod of Toledo City, Province of Cebu. On
January 14, 1994, she got a cash advance for the defrayal of seminar expenses of the Committee on
Health and Environmental Protection which she is the head but come December 19, 1995 and still no
liquidation was made. The Commission on Audit submitted its investigation report to the Office of the
Deputy Ombudsman for Visayas (OMB-Visayas) ,a recommendation for further investigation to
determine whether appropriate charges could be filed against her. On May 21, 2004, an Information for
Malversation of Public Funds was filed against Amante. Nevertheless, the Sandiganbayan (Third Division)
dismissed the case for lack of jurisdiction.
Issue: Whether or not the Sandiganbayan has jurisdiction over the said case where a member of
Sangguniang Panglusod holding a position with Salary Grade 26 who is charged with violation of The
Auditing Code of the Philippines.
Violation of The Auditing Code of the Philippines falls in Section 4(b) of R.A. 8249 which states that
“Other offenses or felonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in subsection a of this section in relation to their office “A certain
offense is supposed to have been committed in relation to the office if that offense is “intimately
connected” with the office of the offender and committed while he was in the performance of his official
functions. Public officials having a salary below Grade 27 may still fall within the jurisdiction of the
Sandiganbayan as long as that they hold the positions particularly and exclusively enumerated under
Section 4(a) of R.A. 8249. With the provisions aforementioned, Amante,the respondent, who was a
member of the Sangguniang Panlungsod at the time of the alleged commission of an offense in relation
to her office, is within the original jurisdiction of the Sandiganbayan.