This case has been cited 1 times or more.
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2005-04-26 |
CALLEJO, SR., J. |
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| The Sandiganbayan granted the motion and admitted the Amended Informations. The petitioner filed a Motion to Quash the said Amended Informations on the ground that under Section 4 of Republic Act No. 8294, the Sandiganbayan has no jurisdiction over the crimes charged. She averred that the Amended Informations failed to allege and show the intimate relation between the crimes charged and her official duties as municipal accountant, which are conditions sine qua non for the graft court to acquire jurisdiction over the said offense. She averred that the prosecution and the Commission on Audit admitted, and no less than this Court held in Tan v. Sandiganbayan,[5] that a municipal accountant is not an accountable officer. She alleged that the felonies of malversation and illegal use of public funds, for which she is charged, are not included in Chapter 11, Section 2, Title VII, Book II, of the Revised Penal Code; hence, the Sandiganbayan has no jurisdiction over the said crimes. Moreover, her position as municipal accountant is classified as Salary Grade (SG) 24. | |||||