This case has been cited 2 times or more.
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2002-09-17 |
QUISUMBING, J. |
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| the resolution and the order. On June 9, 1999, we denied for lack of merit petitioners' motion[16] reiterating their plea for the issuance of a TRO directing public respondents to refrain from prosecuting Criminal Cases Nos. 24777 and 24778.[17] | |||||
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2002-09-17 |
QUISUMBING, J. |
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| original and exclusive jurisdiction of the Sandiganbayan. Nor can Barangay Captain Mark Anthony Esquivel claim that since he is not a municipal mayor, he is outside the Sandiganbayan's jurisdiction. R.A. 7975, as amended by R.A. No. 8249,[35] provides that it is only in cases where "none of the accused (underscoring supplied) are occupying positions corresponding to salary grade '27' or higher"[36] that "exclusive original jurisdiction shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court, and municipal circuit court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129, as amended."[37] Note that under the 1991 Local Government Code, Mayor Esquivel has a salary grade of 27.[38] Since Barangay Captain Esquivel is the co-accused in Criminal Case No. 24777 of Mayor Esquivel, whose position falls under salary grade 27, the Sandiganbayan committed no grave abuse of discretion in assuming jurisdiction over said criminal case, as well as over Criminal Case No. 24778, involving both of them. Hence, the writ of certiorari cannot issue in petitioners' favor. For the same reason, petitioners' prayer for a writ of prohibition must also be denied. | |||||