TITLE: Duncano v. Sandiganbayan
GR NO: 191894 DATE: July 15, 2015
TICKER: SALN, R.A. 8249, Jurisdiction of Sandiganbayan
DOCTRINE: Article VIII, Section 5, 1987 constitution (Powers of Supreme
Court)
FACTS:
Persons Involved: Danilo A. Duncano (Regional Director of BIR, salary
grade 26 at the time of commission of crime)- Petitioner
Office of Special Prosecutor, Office of Ombudsman
Sandiganbayan 2nd Division- Respondent
Petition for Certiorari under Rule 65 of Rules of Court with prayer for issuance of
preliminary injunction and/or temporary restraining order seeks to reverse the August
18, 2009 Resolution and February 8, 2010 Order of respondent, Sandiganbayan 2nd
Division in criminal case under R.A. no. 6713, section 8 in relation to section 11,
which denied petitioner’s Motion to Dismiss on the ground of lack of jurisdiction.
Background for the Petitioner: Danilo A. Duncano, at the time of commission of the
crime is Regional Director of Bureau of Internal Revenue with a salary grade of 26
(determined by R.A. 6758).On March 24, 2009, Office of Special Prosecutor, Office
of Ombudsman filed a criminal case against him in violation of section 8, in relation
to section 11 of R.A. no. 6713 for failure to disclose in his SALN for the year 2002,
his financial and business interest/connection in Documail Provides Corporation and
Don Plus Trading of which his family are the registered owner and the 1993 Nissan
Patrol Motor vehicle registered to his son, Vincent Louis P. Duncano, which are part
of his assets. Prior to arraignment, petitioner filed a Motion to Dismiss with prayer to
Defer the Issuance of Warrant of Arrest before Sandiganbayan 2nd Division. He
asserted that under PD 1606 amended by Section 4 (A) (1) of R.A. 8249,
Sandiganbayan has no jurisdiction to hear and try the case since he is an official of
executive branch occupying the position of Regional Director BUT with a salary
grade of 26.
In its Opposition,the OSP argued that a reading of Section 4 (A) (1) (a) to (g) of the
subject law would clearly show that the qualification as to Salary Grade 27 and higher
applies only to officials of the executive branch other than the Regional Director and
those specifically enumerated. This is so since the term “Regional Director” and
“higher” are separated by the conjunction“and”which signifies that these two
positions are different, apart and distinct, words but are conjoined together “relating
one to the other” to give effect to the purpose of the law.
Still, petitioner invoked the applicability of Cuyco v Sandiganbayan.On August 18,
2009, Sandiganbayan 2nd Division issued a Resolution and hereby DENIES the
Motion to Dismiss for being devoid of merit and Warrant of Arrest is issued against
the accused.
Petition for Reconsideration is filed but was denied.Instead of issuing temporary
restraining order or writ of preliminary injunction, the court required respondents to
file a comment on the petition without necessarily giving due course thereto.
