Disini v.

Sandiganbayan
Facts:
Disini challenges the jurisdiction of the Sandiganbayan over the offenses charged in Criminal
Case No. 28001 and Criminal Case No. 28002.He contends that: (1) the informations did not
allege that the charges were being filed pursuant to and in connection with Executive Order
(E.O.) Nos.1, 2, 14 and 14-A; (2) the offenses charged were not of the nature contemplated by
E.O. Nos. 1, 2, 14 and 14-A because the allegations in the informations neither pertained to the
recovery of ill-gotten wealth, nor involved sequestration cases; (3) the cases were filed by the
Office of the Ombudsman instead of by the PCGG; and (4) being a private individual not
charged as a co-principal, accomplice or accessory of a public officer, he should be prosecuted
in the regular courts instead of in the Sandiganbayan.
The Office of the Solicitor General (OSG) counters that the Sandiganbayan has jurisdiction over
the offenses charged because Criminal Case No. 28001 and Criminal Case No. 28002 were filed
within the purview of Section 4 (c) of R.A. No. 8249; and that both cases stemmed from the
criminal complaints initially filed by the PCGG pursuant to its mandate under E.O. Nos. 1, 2, 14
and 14-A to investigate and file the appropriate civil or criminal cases to recover ill-gotten
wealth not only of the Marcoses and their immediately family but also of their relatives,
subordinates and close associates.
Issue:
WON Sandiganbayan has jurisdiction over the case.
Ruling:
Yes. We hold that the Sandiganbayan has jurisdiction over Criminal Case No. 28001 and
Criminal Case No. 28002.
Presidential Decree (P.D.) No. 1606 was the law that established the Sandiganbayan and
defined its jurisdiction. The law was amended by R.A. No. 7975 and R.A. No. 8249.
In case private individuals are charged as co-principals, accomplices or accessories with the
public officers or employees, including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers and employees in the proper
courts which shall exercise exclusive jurisdiction over them. x x x x
It is underscored that it was the PCGG that had initially filed the criminal complaints in the
Sandiganbayan, with the Office of the Ombudsman taking over the investigation of Disini only
after the Court issued in Cojuangco, Jr. the directive to the PCGG to refer the criminal cases to
the Office of the Ombudsman on the ground that the PCGG would not be an impartial office
following its finding of a prima facie case being established against Disini to sustain the
institution of Civil Case No. 0013.
Also underscored is that the complaint in Civil Case No. 0013 and the informations in Criminal
Case No. 28001 and Criminal Case No. 28002involved the same transaction, specifically the
contracts awarded through the intervention of Disini and President Marcos in favor of Burns &
Roe to do the engineering and architectural design, and Westinghouse to do the construction of
the Philippine Nuclear Power Plant Project (PNPPP). Given their sameness in subject matter, to
still expressly aver in Criminal Case No.28001 and Criminal Case No. 28002 that the charges
involved the recovery of ill-gotten wealth was no longer necessary.21 With Criminal Case
No.28001 and Criminal Case No. 28002 being intertwined with Civil Case No.0013, the PCGG
had the authority to institute the criminal prosecutions against Disini pursuant to E.O. Nos. 1, 2,
14 and 14-A.
That Disini was a private individual did not remove the offenses charged from the jurisdiction
of the Sandiganbayan. Section 2 of E.O. No.1, which tasked the PCGG with assisting the
President in "the recovery of all ill-gotten wealth accumulated by former President Ferdinand
E. Marcos, his immediate family, relatives, subordinates and close associates, whether
located in the Philippines or abroad, including the takeover or sequestration of all business
enterprises and entities owned or controlled by them, during his administration, directly or
through nominees, by taking undue advantage of their public office and/or using their
powers, authority, influence, connections or relationship," expressly granted the authority of
the PCGG to recover ill-gotten wealth covered President Marcos’ immediate family, relatives,
subordinates and close associates, without distinction as to their private or public status.