EN BANC
G.R. No. 251177, September 08, 2020
ALFREDO J. NON, GLORIA VICTORIA C. YAP-TARUC, JOSEFINA PATRICIA A. MAGPALE-ASIRIT AND GERONIMO D. STA. ANA, PETITIONERS, V. OFFICE OF THE OMBUDSMAN, ALYANSA PARA SA BAGONG PILIPINAS, INC., AND HON. MARIA GRACIA A. CADIZ-CASACLANG, PRESIDING JUDGE, BRANCH 155, REGIONAL TRIAL COURT, PASIG CITY, RESPONDENTS,
D E C I S I O N
REYES, J. JR., J.:
Petitioners Alfredo J. Non (Non), Gloria Victoria C. Yap-Taruc (Yap-Taruc), Josefina Patricia A. Magpale-Asirit (Magpale-Asirit), and Geronimo D. Sta. Ana (Sta. Ana; collectively, petitioners), who are former1 Commissioners of the Energy Regulatory Commission (ERC), are before the Court via a Petition for Certiorari under Rule 65 of the Rules of Court, with prayer for temporary restraining order (TRO) and/or writ of preliminary injunction, assailing the Orders dated September 10, 2018 and October 22, 2018 of the Regional Trial Court, Branch 155 of Pasig City (RTC), in Criminal Case No. R-PSG-18-01280-CR which denied their Motion to Quash, and their Motion for Reconsideration, respectively.
That on 6 November 2015 to 30 April 2016, or sometime prior or subsequent thereto, in Pasig City, Philippines, and within the jurisdiction of this Honorable Court, accused public officers Jose Vicente B. Salazar, being then Chairman and Chief Executive Officer, and Gloria Victoria C. Yap-Taruc, Alfredo J. Non, Josefina Patricia A. Magpale-Asirit, and Geronimo D. Sta. Ana, being then Commissioners, all of the Energy Regulatory Commission (ERC), committing the offense in relation to their official positions as such, conspiring and confederating and mutually helping one another, acting with evident bad faith, manifest partiality or gross inexcusable negligence, did then and there willfully, unlawfully and criminally give unwarranted benefits, advantage or preference to MERALCO by modifying the date of implementation of Resolution No. 13, Series of 2015, which required MERALCO, other Distribution Utilities, Generation Companies and Electric Cooperatives to go through a Competitive Selection Process (CSP) before entering into Power Supply Agreements (PSA[s]) from 6 November 2015 to 30 April 2016, thereby favoring MERALCO by allowing it to file with ERC on 29 April 2016 the PSAs it'entered with its sister companies/affiliates, namely: (1) Atimonan One Energy, Inc. (AIE). 2) St. Raphael Power Generation Corporation (SR GenCor): (3) Central Luzon Premier Power Corporation (CLPPC); 4) Mariveles Power Generation Corporation (MP GenCor); 5) Redondo Peninsula Energy, Inc. (RPE); 6) Panay Energy Development Corporation (PEDC); and 7) Global Luzon Energy Development Corporation (GLEDC), without complying with the CSP requirement, to the damage and prejudice of the government and public interest.The Information was docketed as Criminal Case No. R-PSG-18- 01280-CR and raffled to Branch 155 of RTC Pasig City.
CONTRARY TO LAW.6cralawlawlibrary
xxx [T]his Court differs with the movant-commissioners in their assertion that the RTC of Pasig City cannot try their case because under [R.A. No.] 10660, "cases falling under the jurisdiction of the Regional Trial Court under this section, shall be tried in a judicial region other than were the official holds office." This is because as things stand, the Honorable Supreme Court has yet to promulgate the pertinent rules on the aforesaid innovation of the law. As there are no implementing rules yet on this particular matter, the default regime is the one found in Section [15(a)], Rule 110 of the Revised Rules on Criminal Procedure, [viz.], the criminal action shall be instituted and tried in the proper court of the municipality, city, or province where the offense was committed or where any of its essential ingredients took place. Since the instant Information alleges that the subject offense was committed by the accused in relation to the exercise of their official positions in the ERC, the office of which is seated in Ortigas Center, Pasig City, it cannot be gainsaid that this Court has territorial jurisdiction over the offense charged.Petitioners' motion for reconsideration was denied on October 22, 2018.9
x x x x
WHEREFORE, premises considered, the Motion to Quash Information filed by accused Jose Vicente B. Salazar and the Motion to Quash Information filed by accused Alfredo Non, Gloria Victoria C. Yap-Taruc, Josefina Patricia A. Magpale-Asirit, and Geronimo D. Sta Ana, are hereby DENIED for want of basis. Let the arraignment of the accused proceed on September 19, 2018, at 8:30 in the morning, as previously scheduled.
SO ORDERED.8cralawlawlibrary
THE PUBLIC RESPONDENT GRAVELY ERRED IN DENYING THE MOTION TO QUASH INFORMATION BECAUSE, BY EXPRESS PROVISIONS OF [R.A.] NO. 10660, SHE HAS NO JURISDICTION OVER THE CRIMINAL CASE AS IT MUST [BE] TRIED BY [A] REGIONAL TRIAL COURT IN A JUDICIAL REGION OTHER THAN IN THE NATIONAL CAPITAL JUDICIAL REGION.13The pertinent provision of R.A. No. 10660 reads: ChanRoblesVirtualawlibrary
SEC. 2. Section 4 of the same decree, as amended, is hereby further amended to read as follows:
SEC. 4. Jurisdiction. - The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving:1234Petitioners assert that, under Section 2 of R.A. No. 10660, not only is the RTC vested with jurisdiction over the instant case, the law also fixed the venue of the action. The Congress' intent was to confer both jurisdiction and venue on certain cases that used to be within the jurisdiction of the Sandiganbayan to the RTC, but in a judicial region different from where the accused holds office. They argue that even though the Supreme Court has yet to promulgate rules therefor, since R,A. No. 10660 was already effective at the time of the filing of the Information, the public respondent should have applied its provisions.14
a.Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense: (1)Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including: (a)Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads: (b)City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads; (c)Officials of the diplomatic service occupying the position of consul and higher; (d)Philippine army and air force colonels, naval captains, and all officers of higher rank; (e)Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher; (f)City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; (g)Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations. (2)Members of Congress . and officials thereof classified as Grade '27' and higher under the Compensation and Position Classification Act of 1989;' (3)Members of the judiciary without prejudice to the provisions of the Constitution; (4)Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and (5)All other national and local officials classified as Grade '27' and higher under the Compensation and Position Classification Act of 1989. b.Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a. of this section in relation to their office. c.Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
Provided, That the Regional Trial Court shall have exclusive original jurisdiction where the information: (a) does not allege any damage to the government or any bribery; or (b) alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).
Subject to the rules promulgated by the Supreme Court, the cases falling under the jurisdiction of the Regional Trial Court under this section shall be tried in a judicial region other than where the official holds office. (Emphases supplied)
The writ is designed to correct grave errors of jurisdiction — [W]hich means either that the judicial or quasi-judicial power was exercised in an arbitrary or despotic manner by reason of passion or personal hostility, or that the respondent judge, tribunal or board evaded a positive duty, or virtually refused to perform the duty enjoined or to act in contemplation of law, such as when such judge, tribunal or board exercising judicial or quasi-judicial powers acted in a capricious or whimsical manner as to be equivalent to lack of jurisdiction.In the present case, respondent judge refused to grant the Motion to Quash filed by petitioners despite the clear wording of R.A. No. 10660 that cases falling under the jurisdiction of the RTC under Section 4, as amended, shall be tried in a judicial region other than where the official holds office.
SEC. 15. Place where action is to be instituted. —Here, Section 2 of R.A. No. 10660 clearly provides that the RTC has original and exclusive jurisdiction when the information either: (a) does not allege any damage to the government or any bribery; or (b) alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding One Million Pesos (P1,000,000.00). Moreover, such cases falling within the jurisdiction of the RTC shall be tried in a judicial region other than the place where the accused official holds office.
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.
As regards the amendment on page 3, lines 28 to 31, on the trial of cases falling within the jurisdiction of the RTC in a judicial region other than where the official holds office, Senator Angara believed that the basic reasoning behind the provision is to prevent a public official from exerting influence over the RTC judge who is hearing the case. Senator Pimentel agreed, saying that it is the assumption of the amendment.Contrary to the interpretation of the respondent judge and the Ombudsman, the applicability of R.A. No. 10660 is not conditioned upon the promulgation of rules by the Court. As we declared in Government Service Insurance System v. Daymiel:27
Senator Angara expressed concern that the proposed amendment could be used as harassment against a public official. For instance, he noted that if cases are filed against a mayor or governor x x x in Region III and these cases are referred to RTCs in Regions I, II and IV, that would entail substantial expenses and time on their part. Senator Pimentel explained that the provision would only apply when there is already an information and it could not be considered harassment because those cases would have to go through the Ombudsman. He stated that under existing procedures, there are sufficient safeguards in detailing with such kind of situation, and he believed that the Ombudsman would not file harassment cases. Besides, not all cases filed with the Sandiganbayan lead to convictions, he said.26cralawlawlibrary
Jurisdiction over a subject matter is conferred by the Constitution or the law, and rules of procedure yield to substantive law. Otherwise stated, jurisdiction must exist as a matter of law. Only a statute can confer jurisdiction on courts and administrative agencies.If we were to follow respondents' reasoning — that until the Court comes up with implementing rules, the application of R.A. No. 10660 shall be put on hold — then the letter of the law would be rendered nugatory by the mere expediency of the Court's non-issuance of such rules. This is clearly not the intention of the framers of the law in placing the proviso, neither would the Court countenance such a scenario. The Court cannot enlarge, diminish, or dictate when jurisdiction shall be removed, given that the power to define, prescribe, and apportion jurisdiction is, as a general rule, a matter of legislative prerogative.28
Jurisdiction is a matter of substantive law. Thus, an action may be filed only with the court or tribunal where the Constitution or a statute says it can be brought. Objections to jurisdiction cannot be waived and may be brought at any stage of the proceedings, even on appeal. When a case is filed with a court which has no jurisdiction over the action, the court shall motu proprio dismiss the case.WHEREFORE, the Petition is GRANTED. The Orders dated September 10, 2018 and October 22, 2018 of the Regional Trial Court, Branch 155, Pasig City are ANNULLED for lack of jurisdiction. Criminal Case No. R-PSG-18-01280-CR is ordered DISMISSED. All actions of and all proceedings undertaken by the RTC of Pasig City in the case are declared NULL and VOID for lack of jurisdiction.
Sirs/Mesdames:
Please take notice that on September 8, 2020 a Decision, copy attached herewith, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on November 18, 2020 at 11:00 a.m.
Very truly yours,
(Sgd.) EDGAR O. ARICHETA
Clerk of Court
Endnotes:
1 Except for Josefina Patricia A. Magpale-Asirit who is an incumbent Commissioner.
2 Entitled "AIyansa Para sa Bagong, Pilipinas, represented by Evelyn V. Jallorina and Noel Villones v. Energy Regulatory Commission, represented by its Chairman, Jose Vicente B. Salazar, Department of Energy, represented by Secretary Alfonso G. Cusi, MERALCO, Central Luzon Premiere Power Corporation, St. Raphael Power General Corporation, Panay Energy Development Corporation, Mariveles Power Generation Corporation, Global Luzon Energy Development Corporation, Atimonan One Energy, Inc., Redondo Peninsula Energy, Inc., and Philippine Competition Commission."
3 Entitled "Alyansa Para sa Bagong Pilipinas, Inc., represented by Noel G. Villones and Evelyn V. Jallorina v. Court of Appeals, Jose Vicente B. Salazar, Gloria Victoria C. Yap-Taruc, Alfredo J. Non. et al.
4 Entitled "Alfredo J. Non Gloria Victoria C. Yap-Taruc, Josefina Patricia A. Magpale-Asirit and Geronimo D. Sta. Ana v. Office of the Ombudsman and Alyansa Para sa Bagong Pilipinas, Inc.''
5 Entitled "Jose Vicente B. Salazar v. Alyansa Para sa Bagong Pilipinas, Inc., Office of the Ombudsman and Hon Regional Trial Court. Branch 155, Pasig City."
6Rollo, pp. 21-22.
7 AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR.
8Rollo, p. 77.
9 Id. at 90.
10 Id.
11 Id. at 80-83.
12 Id. at 3-4.
13 Supra note 9.
14Rollo, pp. 91-109.
15 Ombudsman's Comment, pp. 3-10.
16 OSG's Manifestation and Motion, pp. 1-2.
17 Id. at 14-28.
18Galzote v. Briones, 673 Phil. 165, 172 (2011).
19Maximo v. Villapando, Jr.; 809 Phil. 843, 870 (2017).
20 Id. at 871.
21 Id.
22 Id. at 871, 873.
23 G.R. No. 222886, October 17, 2018.
24Rollo, p. 77.
25Anama v. Citibank, N.A., 822 Phil. 630, 640 (2017).
26Rollo, p. 71.
27 G.R. No. 218097, March 11, 2019.
28Gonzales v. GJH Land, Inc., 772 Phil. 483, 510 (2015).
29 809 Phil. 736, 243 (2017).
30Tan v. Cinco, 787 Phil. 441, 450 (2016).
31 G.R. No. 227147, July 30, 2018.chanRoblesvirtualLawlibrary