Blanco

GR No. 191894
Duncano V. Sandiganbayan

Facts:
Danilo A. Duncano is, the Regional Director of the Bureau of Internal Revenue with a Salary
Grade of 26. The Office of the Special Prosecutor, Office of the Ombudsman, filed a criminal
case against Duncano for violation of Section 8, in relation to Section 11 of RA No. 6713.
Duncano filed his Motion to Dismiss with a Prayer to Defer the Issuance of Warrant of Arrest
contenting that the special court, Sandiganbayan, has no jurisdiction to try and hear the case
because he is an official of the executive branch occupying the position of Regional Director but
with a compensation that is classified as below Salary Grade 27.

Issue: Whether or Not Duncano falls within the jurisdiction of the Sandiganbayan?

Ruling:
No. The petitioner is not an executive official with a Salary Grade of 27 or higher. Hence the
jurisdiction over his case should fall within the jurisdiction of the Regional Trial Court.

The Sandiganbayan has no jurisdiction over violations of Sec 3 (a) and (e), RA No. 3019, as
amended, unless committed by public officials and employees occupying positions of Regional
Director and higher with Salary Grade of 27 or higher