Munez v. People


Munez v. People

G.R. No. 247777

August 28, 2019


                The RTC and CA convicted petitioners for the crime of violating Sec. 3 (b) of RA 3019. That on or about the month of March 2002, and subsequent thereto, in Cugman, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, accused NARZAL R. MUNEZ, ROGELIO LALUCAN and ALFREDO QUILILAN, all are low ranking public officers of the Provincial Environment and Natural Resources, Department of Environment and Natural Resources, Cagayan de Oro City, while in the performance of their official functions and committing the offense in relation to the office,  propose and inveigle DEMETRIO VELASCO to enter into a Contract for Seedling Production with the Department of Environment and Natural Resources dated  April 1, 2002 in consideration of the sum of P,235,000 and in return, these accused demanded and received, in several instances, part of the contract price, in the total amount of P,165,000.00 in cash as share, percentage or benefit for themselves in connection with the said contract with the government, wherein these accused, had the right to intervene therein under the law in their official capacities as public officers, to the damage and prejudice of the Government.


                Whether or not the CA have jurisdiction to review the verdict of conviction for violation of Sec. 3 (b) of RA 3019


                No. The Court of Appeals does not have appellate jurisdiction over appeals from final judgments, resolutions or orders of regional trial courts pertaining to violations of RA 3019. The assailed rulings should, therefore, be vacated and the case, remanded to the court of origin for referral to the proper forum -- the Sandinganbayan. Section 4 of Presidential Decree (PD) 160630 provides: Jurisdiction. - The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving: a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a pennanent, acting or interim capacity, at the time of the commission of the offense: Provided, In cases where none of the accused are occupying positions corresponding to Salary Grade "27" or higher, as prescribe in the said Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original 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 jurisdictions as provided in Batas Pambansa Blg. 129, as amended. ~ The Sandiganbayan shall exercise exclusive appellate jud.sdiction over final judgments, resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.

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