SERANA VS.

SANDIGANBAYAN
542 SCRA 224

Facts:

Petitioner Hannah Eunice D. Serana was appointed by then President Estrada as a Student Regent of
University of the Philippines from January 1, 2000 until December 31, 2000. On September 4, 2000,
the petitioner together with her siblings and relatives registered the Office of the Student Regent
Foundation, Inc. in Securities and Exchange Commission. One of OSRFI's project is the renovation of
Vinzon Hall Annex and it will be renamed as “President Joseph Ejercito Estrada Student Hall”
amounting to Php 15,000,000 from the Office of the President, according to the information.

The renovation of Vinzon Hall failed to materialize, and the succeeding student regent filed a complaint
for Malversation of Public Funds with the Office of the Ombudsman.

On July 3, 2003, the Ombudsman indicted the petitioner and her brother Jade Ian D. Serana for estafa.

The petitioner moved to quash the information, claiming that the Sandiganbayan does not have any
jurisdiction over the offense charged to her and her brother.

In November 14, 2003, the Sandiganbayan denied the petitioner's motion for lack of merit.

Issues:

1. Whether or not the Sandiganbayan has no jurisdiction over her since she is not a public officer with
Salary Grade 27 and she paid her tuition fees.
2. Whether or not the offense (estafa) charged was not committed in relation to her office.

Ruling:
1. No. Under R.A 8249 Section 4 paragraph G – Sandiganbayan has jurisdiction over the
petitioner since she was appointed by then President Estrada as a Student Regent.

Sec. 4. Jurisdiction. - The Sandiganbayan shall exercise exclusive original jurisdiction in all
cases involving:
(g) Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations.

2. No. The petitioner failed to consider the succeeding paragraphs of P.D. No. 1606 where there is
well-established rule: Interpretatio talis in ambiguis semper fienda est, ut evitetur inconveniens
et absurdum.

Section 4(B) of P.D. No. 1606 reads:

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.
Evidently, Sandiganbayan has jurisdiction over estafa since the act fell under one of those other
felonies.