Barriga v.

Sandiganbayan
G.R. Nos. 161784-86, April 26, 2005
Callejo, Sr., J.

FACTS:

Three amended information against Barriga, who was the Municipal Accountant of
Carmen, Cebu was filed by the Office of the Ombudsman for malversation of funds, and illegal
use of public funds and property. The Sandiganbayan granted the motion and admitted the
Amended Informations. The petitioner filed a Motion to Quash the said Amended Informations
on the ground that under Section 4 of Republic Act No. 8294, the Sandiganbayan has no
jurisdiction over the crimes charged. She averred that the Amended Informations failed to allege
and show the intimate relation between the crimes charged and her official duties as municipal
accountant. This is necessary, according to petitioner since a municipal accountant is not an
accountable officer and malversation and illegal use of public funds, are not included in Chapter
11, Section 2, Title VII, Book II, of the Revised Penal Code; Moreover, her position as
municipal accountant is classified as Salary Grade (SG) 24. Hence, the Sandiganbayan has no
jurisdiction over the said crimes. The motion of petitioner barriaga was denied by the
Sandiganbayan hence the petition before the Supreme Court.

ISSUE:

Whether or not the Sandiganbayan has jurisdiction over the offense charged against
petitioner Barriga.

HELD:

Yes, the Sandiganbayan has jurisdiction.

A public officer who is not in charge of public funds or property by virtue of her official
position, or even a private individual, may be liable for malversation or illegal use of public
funds or property if such public officer or private individual conspires with an accountable public
officer to commit malversation or illegal use of public funds or property.

In this case, the Amended Informations alleged that the petitioner conspired with her co-
accused, the municipal mayor, in committing the said felonies. The public office of the accused
Municipal Mayor Virginio E. Villamor is a constituent element of malversation and illegal use of
public funds or property. Accused mayor’s position is classified as SG 27, and under the last
paragraph of Section 2 of Rep. Act No. 7975, if the position of one of the principal accused is
classified as SG 27, the Sandiganbayan has original and exclusive jurisdiction over the offense.

Therefore, the Sandiganbayan still has exclusive original jurisdiction over the cases
lodged against petitioner.