I.

Jurisdiction of the Ombudsman

RA 6770

Section 15. Powers, Functions and Duties. The Office of the Ombudsman shall have the
following powers, functions and duties: (1) Investigate and prosecute on its own or on
complaint by any person, any act or omission of any public officer or employee, office or
agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It
has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the
exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory
agency of Government, the investigation of such cases;

Jurisdiction over private persons?

Yes, in all cases of conspiracy between an officer or employee of the government and a private
person, the Ombudsman and his Deputies shall have jurisdiction to include such private
person in the investigation and proceed against such private person as the evidence may
warrant. The officer or employee and the private person shall be tried jointly and shall be
subject to the same penalties and liabilities.

II. Jurisdiction of the Sandiganbayan

Under Section 4 of PD 1606, as amended, the Sandiganbayan shall exercise exclusive original
jurisdiction in all cases involving:

a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft
and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII,
Book II of the Revised Penal Code, where one or more of the accused are officials
occupying the following positions in the government, whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:

(1) Officials of the executive branch occupying the positions of regional director
and higher, otherwise classified as Grade ’27’ and higher, of the Compensation
and Position Classification Act of 1989 (Republic Act No. 6758), specifically
including:

(a) Provincial governors, vice-governors, members of the sangguniang

panlalawigan, and provincial treasurers, assessors, engineers, and other
provincial department heads:

(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city

treasurers, assessors, engineers, and other city department heads;

(c) Officials of the diplomatic service occupying the position of consul and
higher;

(d) Philippine army and air force colonels, naval captains, and all officers of
higher rank;
 (e) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent and
higher;

(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;

(g) Presidents, directors or trustees, or managers of government-owned or

controlled corporations, state universities or educational institutions or
foundations.
xxxx

(5) All other national and local officials classified as Grade ’27’ and higher
under the Compensation and Position Classification Act of 1989.

b. 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 in relation to
their office.

c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986.

Provided, That the Regional Trial Court shall have exclusive original jurisdiction where the
information: (a) does not allege any damage to the government or any bribery; or (b) alleges
damage to the government or bribery arising from the same or closely related transactions
or acts in an amount not exceeding One million pesos (P1,000,000.00).

Subject to the rules promulgated by the Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under this section shall be tried in a judicial region
other than where the official holds office.

In cases where none of the accused are occupying positions corresponding to Salary
Grade ’27’ or higher, as prescribed in the said Republic Act No. 6758, or military and
PNP officers mentioned above, exclusive original 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
jurisdictions as provided in Batas Pambansa Blg. 129, as amended.

III. RA 3019

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public

officers already penalized by existing law, the following shall constitute corrupt practices of
any public officer and are hereby declared to be unlawful:

(e) Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge of
his official administrative or judicial functions through manifest partiality, evident bad
faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or
permits or other concessions.
Elements
1. The accused must be a public officer discharging administrative, judicial or official
functions;
2. He must have acted with manifest partiality, evident bad faith or gross inexcusable
negligence; and
3. That his action caused any undue injury to any party, including the government, or giving
any private party unwarranted benefits, advantage or preference in the discharge of his
functions.

As regards the two other elements, the Court explained in Cabrera v. Sandiganbayan 33 that
there are two (2) ways by which a public official violates Sec. 3(e) of R.A. No. 3019 in the
performance of his functions, namely: (a) by causing undue injury to any party, including the
Government; or (b) by giving any private party any unwarranted benefits, advantage or
preference. The accused may be charged under either mode or under both. 34 This was
reiterated in Quibal v. Sandiganbayan,35 where the Court held that the use of the disjunctive
term "or" connotes that either act qualifies as a violation of Sec. 3(e) of R.A. No. 3019.
G.R. No. 175750-51 April 2, 2014
SILVERINA E. CONSIGNA, Petitioner,
vs.
PEOPLE OF THE PHILIPPINES, THE HON. SANDIGANBAYAN (THIRD DIVISION), and
EMERLINA MOLETA,Respondents.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor
of any person not qualified for or not legally entitled to such license, permit, privilege
or advantage, or of a mere representative or dummy of one who is not so qualified or
entitled.

IV. RA 6713

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and
employee shall observe the following as standards of personal conduct in the discharge and
execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the
public interest over and above personal interest. All government resources and powers of
their respective offices must be employed and used efficiently, effectively, honestly and
economically, particularly to avoid wastage in public funds and revenues.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at
all times. They must act with justness and sincerity and shall not discriminate against anyone,
especially the poor and the underprivileged. They shall at all times respect the rights of others,
and shall refrain from doing acts contrary to law, good morals, good customs, public policy,
public order, public safety and public interest. They shall not dispense or extend undue favors
on account of their office to their relatives whether by consanguinity or affinity except with
respect to appointments of such relatives to positions considered strictly confidential or as
members of their personal staff whose terms are coterminous with theirs.
Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public
officials and employees now prescribed in the Constitution and existing laws, the following
shall constitute prohibited acts and transactions of any public official and employee and are
hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the approval of
their office.

V. Syndicated Estafa