BRIG. GEN. (Ret.) JOSE S. RAMISCAL, JR. vs SANDIGANBAYAN G.R. Nos.

169727-
28, August 18, 2006

Facts:

Petitioner was prosecuted by the Senate Blue Ribbon Committe in relation for being the previous
President of the AFP-RSBS because of the anomalies happened. The Office of the Ombudsman
have found culpability petitioner together with Quilicot, Bello and Satuito because of the
evidencesthat proved of their signature in bad faith to the documents, with full knowledge of
those anomalous transactions. Their acts produced a bilateral deeds of absolute sale wherein
later, they enable to amass enormous profits and was confirmed by the investigating panel. A
criminal information was filed against the petitioners and company before the Sandiganbayan but
petitioner quetion the jurisdiction of Sandiganbayan saying that the charges were under Section 4
of R.A. 8249. Further, he insist that the AFP-RSBS cannot be conisidered a government-
controlled corporation, hence fall outside Salary Grade 27 as required in Section 4 of the same
law because of the petitioner’s position (President) before.

Issue:

Whether or not Sandiganbayan has jurisdiction over the case?

Held:

Yes. The Sadiganbayan correctly and properly exercised its authority as the vested them. The
Supreme Court have ruled that the AFP-RSBS is considered a government-owned and controlled
corporation because the nature of their funds is that of “public funds”. RA 8249 stated that the
Sandiganbayan has exclusive jurisdiction over offenses committed by presidents, directors,
trustees or managers of government owned or controlled corporations. Further on the same act,
Section 4(b) of R.A. No. 8249, the Sandiganbayan has exclusive jurisdiction over offenses
committed by public officers and employees in relation to their office, whether simple or
complexed with other crimes. Hence, in support of the information filed against petitioner, that
is, falsification of public document in the performance of his duties and in relation to his position
as president of the AFP-RSBS, the Sandiganbayan did not commit a grave abuse of authority
when the same denied the motion to quash the Information and in exercising jurisdicion over the
case.