BRIG. GEN. (Ret.) JOSE S. RAMISCAL, JR. vs SANDIGANBAYAN G.R. Nos. 169727-28, August 18, 2006

Fact:
The Petitioner In pursuant to the recommendation of the Senate Blue Ribbon Committee to “prosecute and/or cause the prosecution of Gen. Jose Ramiscal Jr. (Ret), past AFP-RSBS President, in relation to the anomalies occurred in the AFP-RSBS. The Ombudsman found that the culpability of petitioner, Quilicot, Bello and Satuito is evidenced by the fact that they signed documents in manifest bad faith, with full knowledge of the anomalous transactions. The bilateral deeds of absolute sale were prepared by the Legal Department of AFP-RSBS where Bello and Satuito were assigned, later enabling them to amass enormous profits. The investigating panel “confirmed” the observations of the Senate Blue Ribbon Committee. Criminal Information was filed in the Sandiganbayan. Petitioner avers that the Sandiganbayan has no jurisdiction over the crimes charged as provided in Section 4 of R.A. 8249. He insists that the AFP-RSBS is not a government-owned or controlled corporation and that he does not fall under Salary Grade 27 as required in Section 4 of the law, inasmuch as his position as AFP-RSBS President is not even included under the Compensation and Classification Act of 1989.

Issue:
Whether Sandiganbayan committed a grave abuse of authority in denying his motion to quash the Information and in exercising jurisdiction over the case.

Held:
No, the Sandiganbayan properly exercised its authority vested in it. The SC ruled that the AFP-RSBS is a government-owned and controlled corporation, and that its funds are in the nature of public funds. Under Section 4(a)(1)(g) of R.A. No. 8249, the Sandiganbayan has exclusive jurisdiction over offenses committed by presidents, directors, trustees or managers of government owned or controlled corporations. Under Section 4(b) of R.A. No. 8249, the Sandiganbayan has exclusive jurisdiction over offenses committed by public officers and employees in relation to their office, whether simple or complexed with other crimes. As gleaned from the material averments of the Information in Criminal Case No. 28023, the charge against petitioner is estafa through falsification of public document in the performance of his duties and in relation to his position as president of the AFP-RSBS.

2 thoughts on “BRIG. GEN. (Ret.) JOSE S. RAMISCAL, JR. vs SANDIGANBAYAN G.R. Nos. 169727-28, August 18, 2006

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