HANNAH EUNICE D.

SERANA, petitioner,
vs.
SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents.
GR 162059 January 22, 2008

Facts:
Petitioner Hannah Eunice Serana (Hannah), was appointed as a student regent of UP by
President Estrada to serve a one-year term. Pres. Estrada gave P 15, 000,000 to the Office of
the Student Regent Foundation, Inc as final assistance for the proposed renovation of the
Vinzons Hall Annex in Up Diliman. However, the renovation failed to materialize. The
succeeding student regent together with the Secretary General of the KASAMA sa UP filed a
complaint for Malversation of Public Funds and Property with the Office of the Ombudsman.
After due investigation, the Ombudsman found a probable cause to indict the petitioner and her
brother for estafa before the Sandiganbayan.
Petitioner moved to cause the information claiming that the Sandiganbayan has no
jurisdiction over the offense charged or over her person, since she is not a public officer with SG
27, the oofense charge was not committed in relation to her office and the funds in question
personally came from the President and not the government. She further contends that she had
no power or authority to receive monies or funds and that such power was vested with the
Board of Regent as a whole. The Ombudsman oppose the motion. That petitioner, despite her
protestations, was a public officer. As a member of the BOR, she had the general powers of
administration and exercises the corporate powers of UP. The Sandiganbayan denied the
motion for lack of merit.

Issue:
Whether or not the Sandiganbayan has jurisdiction over the case.

Ruling:
Yes. Under Sec. 4 of PD 1606, the Sandiganbayan has jurisdiction over the felonies
committed by public officials in relation to their office. 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 PD 1606, as amended and (b) the offense
is committed in relation to their office.
Under Sec. 4(a)(1)(g) of pd 1606, explicitly vested the Sandiganbayan with jurisdiction
over presidents, directors and trustees or manager of GOCCs, state universities or educational
foundations. Petitioner falls under this category. As the Sandiganbayan pointed out, Board of
Regents performs functions similar to those of a board of trustee of a non-stock corporation. By
express mandate of law, petitioner is, indeed, a public officer. As to the compensation, it is well
established that it is not an essential element of public office. It is merely incidental to the public
office.