Carolina R. Javier vs. The First Division of the Sandiganbayan and the People of the Philippines

G.R. Nos. 147026-27, September 11, 2009; per Del Castillo, J.

Facts

Petitioner was appointed to the Governing Board as private sector representative of the National Book Development Board.

As part of her function, she was issued a travel authority to attend a book fair to establish linkages with international book publishing bodies and had advanced cashed in the amount of P139,199 subject for liquidation within sixty days upon return but she did not push through with the trip and did not refund her cash advance either.

The Commission on Audit (COA) Resident auditor issued Notices of Disallowances and the director subsequently filed with the Ombudsman charging petitioner with Malversation of Public Funds. The Ombudsman found probable casue on Malversation thus an information was charged before the Sandiganbayan.

Petitioner filed a motion to Quash Information averring that the Sandiganbagan has no jurisdiction to hear Criminal Case No. 25867 as the information did not allege that she is a public official with SG-27 or higher and that she is not a public officer or employee only a governing board.

Issue

Whether the Sandiganbayan has jurisdiction over her criminal case

Ruling

Per FY 1999 Personal Services Itemization, five (5) members of the Governing Board of NDBD which represent the private sector are not assigned any salary grade. For purposes however of determining the rank equivalence of said positions, notwithstanding that they do not have any salary grade assignment, the same may be equated to Board Member II, SG-28.

The Supreme Court ruled that based on the Amended Information in Criminal Case No. 25898, petitioner belongs to the employees classified as SG-28, included in the phrase "all other national and local officials classified as ‘Grade 27' and higher under the Compensation and Position Classification Act of 1989,” and may be charged for Violations of Republic Act No. 3019.