FELICITO S. MACALINO vs. SANDIGANBAYAN and OFFICE OF THE OMBUDSMAN

FELICITO S. MACALINO vs. SANDIGANBAYAN and OFFICE OF THE OMBUDSMAN

[G.R. Nos. 140199-200.  February 6, 2002]

Facts:

On September 16, 1992, two informations were filed with the Sandiganbayan against petitioner,being then the Assistant Manager of the Treasury Division and the Head of the Loans Administration & Insurance Section of the Philippine National Construction Corporation (PNCC), a government-controlled corporation, and his wife, Liwayway S. Tan, charging them with estafa through falsification of official documents and frustrated estafa through falsification of mercantile documents. Upon arraignment, petitioner pleaded not guilty to the charges.

However, during the initial presentation of evidence for the defense, petitioner moved for leave to file a motion to dismiss on the ground that the Sandiganbayan has no jurisdiction over him since he is not a public officer because the Philippine National Construction Corporation (PNCC), formerly the Construction and Development Corporation of the Philippines (CDCP), is not a government-owned or controlled corporation with original charter. 

On August 5, 1999, the Sandiganbayan promulgated a resolution denying petitioner’s motion to dismiss for lack of merit.

The Issue:

Whether petitioner, an employee of the PNCC, is a public officer within the coverage of R. A. No. 3019, as amended.

Ruling:

Inasmuch as the PNCC has no original charter as it was incorporated under the general law on corporations, it follows inevitably that petitioner is not a public officer within the coverage of R. A. No. 3019, as amended. Thus, the Sandiganbayan has no jurisdiction over him. The only instance when the Sandiganbayan has jurisdiction over a private individual is when the complaint charges him either as a co-principal, accomplice or accessory of a public officer who has been charged with a crime within the jurisdiction of Sandiganbayan.