Serrana v. Sandiganbayan, G.R. No.

162059, January 22, 2008

FACTS:
Hannahh Eunice Serrana, the petitioner, is a UP student who was appointed by President Joseph
Estrada as a student regent in the University of the Philippines, has been accused of Estafa for
receiving the Fifteen Million Philippine Currency (Phph 15,000,000.00) and misappropriated the
amount for her personal gain and benefit.

ISSUE:
Whether or not the Sandiganbayan has jurisdiction over her case as a student regent and not a
public officer.

RULING:
Yes. The Sandiganbayan has jurisdiction over her case, as stated in Section 4. Jurisdiction. – The
Sandiganbayan shall have jurisdiction over:

(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft
and Corrupt Practices Act, and Republic Act No. 1379;

(b) Crimes committed by public officers and employees including those employed in
government-owned or controlled corporations, embraced in Title VII of the Revised
Penal Code, whether simple or complexed with other crimes; and

(c) Other crimes or offenses committed by public officers or employees, including those
employed in government-owned or controlled corporations, in relation to their office.

The petitioner is a student regent of U.P., while in the performance of her official functions,
committing the offense in relation to her office and taking advantage of her position, with intent
to gain, no salary grade and does not hold any government position as mentioned in the
jurisdiction of Sandiganbayan, however, her office is included in the enumerated public officials
in Section 4(A)(1)(g) of P.D. No. 1606 explictly vested the Sandiganbayan with jurisdiction over
Presidents, directors or trustees, or managers of government-owned or controlled corporations,
state universities or educational institutions or foundations. Petitioner falls under this category.
As the Sandiganbayan pointed out, the BOR performs functions similar to those of a board of
trustees of a non-stock corporation. By express mandate of law, petitioner is, indeed, a public
officer as contemplated by P.D. No. 1606.

Therefore the petition was denied for lack of merit.