Sandignbayan junks ex-Tayabas councilor’s motion to quash charges
The Sandiganbayan has denied former Tayabas City councilor Marfeo Daniel Jacela’s motion to quash charges against him, reiterating its jurisdiction on the case.
In a decision dated October 25, Sandiganbayan Second Division rebuffed Jacela’s claims that the anti-graft court has no jurisdiction because the money involved was less than P1 million, and that he was not a high-ranking official because he occupied a salary grade 27 post.
“The contention is incorrect,” the court said, citing a section from PD 1606 as amended by R.A. 10660, which created and strengthened the Sandiganbayan’s powers.
The amended Section 4a of PD 1606 states that Sandiganbayan has jurisdiction over violations of officials from the executive branch, classified salary grade 27 or higher such as “City mayors, vice-mayors, members of the Sangguniang Panlungsod, city treasurers, assessors, engineers, and other city department heads.”
As councilor, Jacela is automatically a member of the Sangguniang Panglungsod.
Sandiganbayan also noted that Section 4b of the same law says 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” are still under the court — which means that no monetary limit is prescribed.
Jacela’s camp was correct in saying that cases involving less than P1 million would fall under the Regional Trial Courts and not the Sandiganbayan — but that was prior to the enactment of amendments to PD 1606.
The former councilor’s alleged offense was committed on October 2014; hence, it is covered by R.A. 10660 which took effect on May 15, 2014.
According to his charge sheet, Jacela breached R.A. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees when he received a P100,000 donation from the Philippine Veterans Bank in Lucena City, Quezon.
The complainants argued that he was fully aware that the bank “had a pending request for reconsideration of the decision of Sangguniang Panglungsod of Tayabas to terminate its services as depository bank of the City Government of Tayabas” when he accepted the money. /ee
