Escobal Vs Garchitorena

ESCOBAL vs. HON.
GARCHITORENA (Presiding Judge of

Sandiganbayan)
GR No. 124644, February 5, 2004
FACTS:
Petitioner Arnel Escobal, a member of the AFP and the Intelligence Group of
the PNP, was conducting a surveillance operation on drug trafficking at Sa Harong
Caf Bar and Restaurant in Naga City. He got involved with a shooting incident that
resulted to the death of one Rodney Nueca, thus, petitioner was charged with
murder before the RTC of Naga City.
Petitioner filed a Motion to Quash alleging that the Court Martial, and not the
RTC, had jurisdiction over criminal cases involving PNP members, However, on
March 9, 1994, the RTC denied the motion and proceeded for Trial. After the
prosecution had rested its case, the petitioner commenced the presentation of his
evidence. On July 20 1994, Escobal filed a Motion to Dismiss claiming that since he
committed the crime during the performance of his duty, the Sandiganbayan should
have exclusive jurisdiction over the case. The RTC denied the motion, however,
ordered the conduct of a preliminary hearing to determine whether the crime was
committed in relation to petitioners office as member of the PNP.
The prosecution no longer presented evidence during the hearing since it had
already rested its case at the trial. It merely reiterated that during trial, they were
able to show that: (a) petitioner was not wearing his uniform during the incident; (b)
the incident took place just after midnight; (c) petitioner was drunk that time; (d)
petitioner was in the company of civilians; and (e) the offense was committed in a
beerhouse. For his part, the petitioner claims that he was at the incident to conduct
a surveillance operation pursuant to a Mission Order issued by the Police
Superintendent.
The RTC declared that the petitioner committed the crime while not in the
performance of his duties, thus, ordered the prosecution to amend the information
to include this allegation. The RTC added that the issue had become moot and
academic upon the enactment of RA 7975 which transferred the jurisdiction of the
crime charged from the Sandiganbayan to the RTC since the petitioner did not have
a salary grade of 27. Petitioner filed an MR asserting that RA 7975, which was
enacted on March 30, 1995, could not be applied retroactively; and that the mother
of the victim unequivocably admitted in her complaint that petitioner was on an
official mission during the incident.
On November 24, 1995, the RTC issued an order reversing itself and setting
aside its previous orders, declaring that the prosecution failed to contradict the
evidence of the petitioner, and considered the admission of the victims mother,
thus, ordered the public prosecutor to file a Re-Amended Information to allege that
the crime was committed during the performance of duties in relation to office, and,
to conform with RA 7975, to thereafter transmit the same, as well as the complete
records, to the Sandiganbayan.
In 1996, the Presiding Justice of Sandiganbayan ordered the the return of the
records to the court of origin stating that under PD 1606 as amended by RA 7975,
the RTC should retain jurisdiction considering that the accused had a salary grade of
23. Further, the prosecution had already rested its case and the petitioner had
already commence presenting evidence, thus, following the rule of continuity of
jurisdiction, the trial court should continue the case and render judgment therein.
Upon remand, the RTC set the trial for hearing for the continuance of the
presentation of defense evidence, but instead, petitioner filed a petition for
certiorari assailing the order of the Presiding Justice of the Sandiganbayan
ISSUE:
Which court, the Sandiganbayan or the court of origin (RTC of Naga), had
jurisdiction?
SC RULING:
The jurisdiction of the court over criminal cases is determined by the allegations
in the Information or the Complaint and the statute in effect at the time of the
commencement of the action, unless such statute provides for a retroactive
application thereof. The jurisdictional requirements must be alleged in the
Information. Such jurisdiction of the court acquired at the inception of the case
continues until the case is terminated.
Under Section 4(a) of P.D. No. 1606 as amended by P.D. No. 1861, the
Sandiganbayan had exclusive jurisdiction in all cases involving the following:
(xxx)
(2) Other offenses or felonies committed by public officers and employees in
relation to their office, including those employed in government-owned or
controlled corporations, whether simple or complexed with other crimes, where
the penalty prescribed by law is higher than prision correccional or
imprisonment for six (6) years, or a fine of P6,000.00.
However, for the Sandiganbayan to have exclusive jurisdiction, it is essential
that the facts showing the intimate relation between the office of the offender and
the discharge of official duties must be alleged in the Information. It is not enough
to merely allege in the Information that the crime charged was committed by the
offender in relation to his office because that would be a conclusion of law. The
amended Information filed with the RTC against the petitioner does not contain any
allegation showing the intimate relation between his office and the discharge of his
duties. Hence, the RTC had jurisdiction over the offense charged when on November
24, 1995, it ordered the re-amendment of the Information to include therein an
allegation that the petitioner committed the crime in relation to office. The trial
court erred when it ordered the elevation of the records to the Sandiganbayan. R.A.
No. 7975 amending P.D. No. 1606 was already in effect and under Section 2 of the
law: In cases where none of the principal accused are occupying positions
corresponding to salary grade 27 or higher, as prescribed in the said Republic Act
No. 6758, or PNP officers occupying the rank of superintendent or higher, or their
equivalent, exclusive 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 jurisdiction as provided in
Batas Pambansa Blg. 129.
Under the law, even if the offender committed the crime charged in relation to
his office but occupies a position corresponding to a salary grade below 27, the
proper Regional Trial Court or Municipal Trial Court, as the case may be, shall have
exclusive jurisdiction over the case. In this case, the petitioner was a Police Senior
Inspector, with salary grade 23. He was charged with homicide punishable
by reclusion temporal. Hence, the RTC had exclusive jurisdiction over the crime
charged conformably to Sections 20 and 32 of Batas Pambansa Blg. 129, as
amended by Section 2 of R.A. No. 7691.
The petitioners contention that R.A. No. 7975 should not be applied
retroactively has no legal basis. It bears stressing that R.A. No. 7975 is a substantive
procedural law which may be applied retroactively.

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ESCOBAL vs. HON.

GARCHITORENA (Presiding Judge of

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