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Serana v. Sandiganbayan G.R. No. 162059, January 22, 2008 Reyes, R.T., J. Facts

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Serana v.

Sandiganbayan
G.R. No. 162059, January 22, 2008
Reyes, R.T., J.

FACTS:

Petitioner Hannah Serana was a senior student of the University of the Philippines-Cebu.
She was appointed as a student regent of UP for a year. Petitioner, with her siblings and relatives,
registered with the SEC the Office of the Student Regent Foundation, Inc. (OSRFI). One of the
projects of the OSRFI was the renovation of the Vinzons Hall Annex of the University. For this
project, the Office of the President (Estrada term) gave P15,000,000.00 for the renovation
project. However, The renovation of Vinzons Hall Annex did not happen. The succeeding
student regent, Kristine Clare Bugayong, and Christine Jill De Guzman, Secretary General of the
KASAMA sa U.P., a system-wide alliance of student councils within the state university,
consequently filed a complaint for Malversation of Public Funds and Property with the Office of
the Ombudsman. The Ombudsman, after investigation, found probable cause to indict petitioner
and her brother Jade Ian D. Serana for Estafa. Petitioner moved to quash the information. She
claimed that the Sandiganbayan has no jurisdiction over the crime of Estafa and that as a student
regent without salary, she is not a public officer specially one with a Salary Grade 27. She
further argued that the offense charged was not committed in relation to her office. Her motion
was denied by the Sandiganbayan ruling that the Sandiganbayan also has jurisdiction over other
offenses committed by public officials and employees in relation to their office.

ISSUE:

Whether or not the Sandiganbayan has jurisdiction over petitioner and the offense
charged against her.

HELD:

Yes, the Sandiganbayan has jurisdiction over petitioner as well as the offense of Estafa.

Under Section 4(B) of P.D. No. 1606, the Sandiganbayan has jurisdiction over other
felonies committed by public officials in relation to their office. Plainly, estafa is one of those
other felonies. The jurisdiction is simply subject to the twin requirements that (a) the offense is
committed by public officials and employees mentioned in Section 4(A) of P.D. No. 1606, as
amended, and that (b) the offense is committed in relation to their office.

Petitioner, who is a UP student regent is a public officer. Section 4(A)(1)(g) of P.D. No.
1606 explictly vested the Sandiganbayan with jurisdiction over directors or trustees of
government-owned or controlled corporations, state universities or educational institutions or
foundations. Petitioner falls under this category since the Board of Regents performs functions
similar to those of a board of trustees of a non-stock corporation. Therefore, By express mandate
of law, petitioner is, a public officer as contemplated by P.D. No. 1606.

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