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G.R. No. 191894, July 15, 2015

DANILO A. DUNCANO, Petitioner, v.HON. SANDIGANBAYAN (2NDDIVISION, AND HON. O!!IC" O! #H"S$"CIAL $ROS"CU#OR, Respondents.

D " C I S I O N

$"RAL#A, J.%

This petition for certiorariunder Rule 65 of the Rules of Court (Rules) with prayer for issuance of preliminary injunctionand/or temporary restraining order sees to re!erse and set aside the "ugust #$, %&&' Resolution#and eruary $, %&*rder%of respondent +andiganayan +econd i!ision in Criminal Case -o. +&'CR0&&$&, which denied petitioner1s0otion to ismiss on the ground of lac of jurisdiction.

The facts are plain and undisputed.

2etitioner anilo ". uncano is, at the time material to the case, the Regional irector of the ureau of 3nternal Re!enue(3R) with +alary 4rade %6 as classified under Repulic "ct (R.".) -o. 65$. *n 0arch %7, %&&',7the *ffice of the+pecial 2rosecutor (*+2), *ffice of the *mudsman, filed a criminal case against him for !iolation of +ection $, in relationto +ection ## of R.". -o. 6#,5allegedly committed as follows89awliraryofCR "law

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That on or aout "pril #5, %&&, or sometime prior or suse;uent thereto, in onorale Court, accused "-39* ?-C"-* y "C3*, a high raning pulic officer, eing the Regionalirector of Re!enue Region -o. , of the ureau of 3nternal Re!enue,

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The creation of the +andiganayan was mandated y +ection 5, "rticle G333 of the #' Constitution. #$y !irtue of thepowers !ested in him y the Constitution and pursuant to 2roclamation -o. #&$#, dated +eptemer %#, #'%, former2resident erdinand @. 0arcos issued 2.. -o. #7$6.#'The decree was later amended y 2.. -o. #6&6,%&+ection %& ofatas 2amansa lg. #%',%#2.. -o. #$6&,%%and 2.. -o. #$6#.%redarclaw

Bith the ad!ent of the #'$ Constitution, the special court was retained as pro!ided for in +ection 7, "rticle G3thereof.%7"side from @ecuti!e *rder -os. #7%5and #7a,%6and R.". &$&,%which epanded the jurisdiction of the

+andiganayan, 2.. -o. #6&6 was further modified y R.". -o. '5,%$

R.". -o. $%7',%'

and just this year, R.". -o.#&66&.&redarclaw

or the purpose of this case, the rele!ant pro!ision is +ection 7 of R.". -o. $%7', which states89awliraryofCR"l aw

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+@C. 7. +ection 7 of the same decree is herey further amended to read as follows89awliraryofCR"law

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D+@C. 7.Jurisdiction. H The +andiganayan shall eercise eclusi!e original jurisdiction in all cases in!ol!ing89awliraryofCR"l aw

D". :iolations of Repulic "ct -o. ', as amended, otherwise nown as the "nti4raft and Corrupt 2ractices "ct,Repulic "ct -o. #', and Chapter 33, +ection %, Title :33, oo 33 of the Re!ised 2enal Code, where one or more of theaccused are officials occupying the following positions in the go!ernment, whether in a permanent, acting or interimcapacity, at the time of the commission of the offense89awliraryofCR"law

D(#) *fficials of the eecuti!e ranch occupying the positions of regional director and higher, otherwise classified as 4radeI%1 and higher, of the Compensation and 2osition Classification "ct of #'$' (Repulic "ct -o. 65$), specificallyincluding89awliraryofCR"law

J(a) 2ro!incial go!ernors, !icego!ernors, memers of the sangguniang panlalawigan, and pro!incial treasurers,assessors, engineers, and other pro!incial department headsF

J() City mayor, !icemayors, memers of the sangguniang panlungsod,city treasurers, assessors, engineers, and othercity department headsF

J(c) *fficials of the diplomatic ser!ice occupying the position of consul and higherF

J(d) 2hilippine army and air force colonels, na!al captains, and all officers of higher ranF

J(e) *fficers of the 2hilippine -ational 2olice while occupying the position of pro!incial director and those holding the ranof senior superintendent or higherF

J(f) City and pro!incial prosecutors and their assistants, and officials and prosecutors in the *ffice of the *mudsman andspecial prosecutorF

J(g) 2residents, directors or trustees, or managers of go!ernmentowned or controlled corporations, state uni!ersities oreducational institutions or foundations.

J(%) 0emers of Congress and officials thereof classified as 4rade I%1 and up under the Compensation and 2ositionClassification "ct of #'$'F

J() 0emers of the judiciary without prejudice to the pro!isions of the ConstitutionF

J(7) Chairmen and memers of Constitutional Commission, without prejudice to the pro!isions of the ConstitutionF and

J(5) "ll other national and local officials classified as 4rade I%1 and higher under the Compensation and 2ositionClassification "ct of #'$'.

D. *ther offenses or felonies whether simple or compleed with other crimes committed y the pulic officials andemployees mentioned in susection a of this section in relation to their office.

DC. Ci!il and criminal cases filed pursuant to and in connection with @ecuti!e *rder -os. #, %, #7 and #7", issued in#'$6.

E

ased on the afore;uoted, those that fall within the original jurisdiction of the +andiganayan are8 (#) officials of theeecuti!e ranch with +alary 4rade % or higher, and (%) officials specifically enumerated in +ection 7 (") (#) (a) to (g),regardless of their salary grades.#Bhile the first part of +ection 7 (") co!ers only officials of the eecuti!e ranch with+alary 4rade % and higher, its second part specifically includes other eecuti!e officials whose positions may not e of+alary 4rade % and higher ut who are y epress pro!ision of law placed under the jurisdiction of the+andiganayan.%redarclaw

That the phrase Dotherwise classified as rade !"#$ and higherE ;ualifies Dregional director and higherE is apparent fromthe +ponsorship +peech of +enator Raul +. Roco on +enate ill -os. #5 and $77, which e!entually ecame R.". -os.'5 and $%7', respecti!ely89awliraryofCR "law

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"s proposed y the Committee, the +andiganayan shall eercise original jurisdiction o!er the cases assigned to it only ininstances where one or more of the principal accused are officials occupying the positions of regional director and higheror are otherwise classified as 4rade % and higher y the Compensation and 2osition Classification "ct of #'$', whetherin a permanent, acting or interim capacity at the time of the commission of the offense. #' )u*+-+/+o, /'*o*,** /o */+ 3*- u*-, '+' 'll *6+ +/' /' S-+37y.(%&phasis supplied)

To speed up trial in the +andiganayan, Repulic "ct -o. '5 was enacted for that Court to concentrate on the DlargerfishE and lea!e the Dsmall fryE to the lower courts. This law ecame effecti!e on 0ay 6, #''5 and it pro!ided a twopronged solution to the clogging of the docets of that court, to wit8 9awliraryofCR"law

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I/ -+/- /' S-+37y o )u*+-+/+o o* u7l+ o++l 'o l*y 3*- * / G*- 2:; o*lo*, -ol+3 /'*7y /' /o /' lo* ou*/, - */++3 /' )u*+-+/+o o /' S-+37yoly o* u7l+ o++l 'o l*y 3*- * / G*- 2

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crimes,E the socalled Dsmall fry,E which, in turn, helps the court decongest its docets. 5redarclaw

Aet, those that are classified as +alary 4rade %6 and elow may still fall within the jurisdiction of the +andiganayan,pro!ided that they hold the positions enumerated y the law. 63n this category, it is the position held, not the salarygrade, which determines the jurisdiction of the +andiganayan.The specific inclusion constitutes an eception to thegeneral ;ualification relating to Dofficials of the eecuti!e ranch occupying the positions of regional director and higher,otherwise classified as 4rade I%1 and higher, of the Compensation and 2osition Classification "ct of #'$'.E$ "s ruled

inInding89awliraryofCR"l aw

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ollowing this dis;uisition, the paragraph of +ection 7 which pro!ides that if the accused is occupying a position lowerthan +4 %, the proper trial court has jurisdiction, can only e properly interpreted as applying to those cases where theprincipal accused is occupying a position lower than +4 % and not among those specifically included in the enumerationin +ection 7 a. (#) (a) to (g). +tated otherwise, ecept for those officials specifically included in +ection 7 a. (#) (a) to(g), regardless of their salary grades, o!er whom the +andiganayan has jurisdiction, all other pulic officials elow +4% shall e under the jurisdiction of the proper trial courts Dwhere none of the principal accused are occupying positionscorresponding to +4 % or higher.E y this construction, the entire +ection 7 is gi!en effect. The cardinal rule, after all, instatutory construction is that the particular words, clauses and phrases should not e studied as detached and isolatedepressions, ut the whole and e!ery part of the statute must e considered in fiing the meaning of any of its parts andin order to produce a harmonious whole. "nd courts should adopt a construction that will gi!e effect to e!ery part of astatute, if at all possile. 't &agis valeat (ua& pereator that construction is to e sought which gi!es effect to the wholeof the statute H its e!ery word. '

Thus, to cite a few, Be ha!e held that a memer of the Sangguniang Panlungsod,7&a department manager of the2hilippine >ealth 3nsurance Corporation (Philhealth),7#a student regent of the ?ni!ersity of the 2hilippines,7%and a >eadof the 9egal epartment and Chief of the ocumentation with corresponding rans of :ice2residents and "ssistant :ice

2resident of the "rmed orces of the 2hilippines Retirement and +eparation enefits +ystem ()*P+RSBS)7

fall within thejurisdiction of the +andiganayan.

2etitioner is not an eecuti!e official with +alary 4rade % or higher. -either does he hold any position particularlyenumerated in +ection 7 (") (#) (a) to (g). "s he correctly argues, his case is, in fact, on all fours with Cuyco. Therein,the accused was the Regional irector of the 9and Transportation *ffice, Region 3G, Kamoanga City, ut at the time ofthe commission of the crime in #''%, his position was classified as irector 33 with +alary 4rade %6.773t was opined89awliraryofCR"l aw

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2etitioner contends that at the time of the commission of the offense in #''%, he was occupying the position of irector33, +alary 4rade %6, hence, jurisdiction o!er the cases falls with the Regional Trial Court.

Be sustain petitionerLs contention.

The +andiganayan has no jurisdiction o!er !iolations of +ection (a) and (e), Repulic "ct -o. ', as amended, unlesscommitted y pulic officials and employees occupying positions of regional director and higher with +alary 4rade J%J orhigher, under the Compensation and 2osition Classification "ct of #'$' (Repulic "ct -o. 65$) in relation to their office.

3n ruling in fa!or of its jurisdiction, e!en though petitioner admittedly occupied the position of irector 33 with +alary

4rade J%6J under the Compensation and 2osition Classification "ct of #'$' (Repulic "ct -o. 65$), the +andiganayanincurred in serious error of jurisdiction, and acted with gra!e ause of discretion amounting to lac of jurisdiction insuspending petitioner from office, entitling petitioner to the reliefs prayed for.75

3n the same way, a certification issued y the *3C H "ssistant Chief, 2ersonnel i!ision of the 3R shows that, althoughpetitioner is a Regional irector of the 3R, his position is classified as irector 33 with +alary 4rade %6.76redarclaw

There is no merit in the *+21s allegation that the petition was prematurely filed on the ground that respondent court hasnot yet ac;uired jurisdiction o!er the person of petitioner. Records disclose that when a warrant of arrest was issued yrespondent court, petitioner !oluntarily surrendered and posted a cash ond on +eptemer #, %&&'. "lso, he wasarraigned on "pril #7, %&, prior to the filing of the petition on "pril &, %&.

&H"R"!OR", the foregoing considered, the instant petition for certiorariis GRAN#"D.The "ugust #$, %&&' Resolutionand eruary $, %& *rder of the +andiganayan +econd i!ision, which denied petitioner1s 0otion to ismiss on theground of lac of jurisdiction, are R"V"RS"D AND S"# ASID".

SO ORD"R"D.cralawl