HE Sandiganbayan has thrown out a challenge on jurisdiction filed by former Misamis Oriental vice governor Jose Mari Pelaez regarding his three graft cases before the anti-graft court.
In a seven-page resolution issued on November 13, the Sixth Division held that the defendant’s contention that the cases should have gone to the Misamis Oriental Regional Trial Court (RTC) has no legal basis.
Based on separate criminal information filed in 2023, the Office of the Ombudsman charged Pelaez with three counts of violation of the Anti-Graft and Corrupt Practices Act (RA 3019) over irregularities in the payroll of casual employees of the Sangguniang Panlalawigan or the provincial board.
Misamis Oriental board member Fredrick Khu, in a privilege speech in June 2018, said there were ghost employees in the Sangguniang Panlalawigan which is headed by Pelaez as presiding officer. His subsequent letter to the Ombudsman triggered an investigation.
In the first case, prosecutors said there were anomalies totaling P178,042 in the payroll covering the period from July 1, 2013 to April 30, 2015.
The second case involves P49,722 and covers Jan. 1 to June 30, 2014 while the third graft charge involves P33,148 and covers Jan. 1 to April 30, 2015.
In his motion, Pelaez pointed out that there were two other similar cases filed against him before the RTC, albeit covering different periods. He argued that since none of the cases at the Sandiganbayan involves a sum of P1 million or higher, they should have been lodged with the local courts.
The prosecution opposed the request to transfer the cases to the RTC, noting that the three cases were filed with the Sandiganbayan because the period covered came after RA 10660 came into effect.
That law redefined the jurisdiction of the Sandiganbayan so that cases not involving bribery or damage to the government goes to the RTC, together with cases where damage to the government does not exceed P1 million.
