Maui Ramos

Duncano v. Sandiganbayan
Peralta, J.
G.R. No. 191894 – July 15, 2015
(Courts: Who interprets the constitution and the law?; Third Level Courts; Sandiganbayan)

The Office of the Special Prosecutor and the Ombudsman filed a case against Danilo Duncano, a
Regional Director with Salary Grade 26, for failing to fully disclose his SALN for 2002.

FACTS
 Danilo Duncano was the Regional Director of BIR with a Salary Grade of 26. As a high ranking
government official, he failed the requirement to disclose his SALN for 2002.
 He failed to disclose his financial and business interests in Documail Provides Corporation and
Don Plus Trading of which he and his family are registered owners thereof & the 1993 Nissan
Patrol motor vehicle registered under his son Vincent Duncano.
 Thus, the OSP and the Office of Ombudsman filed a criminal case against him for the violation of
:
o Section 8, in relation to Section 11 of R.A. No. 6713.
 Duncano then filed a Motion to Dismiss with Prayer to Defer the Issuance of Warrant of Arrest
before the Sandiganbayan, asserting that:
o Under PD No. 1606 (as amended by Sec. 4 (A) (1) of R.A. No. 8249), the Sandiganbayan
has no jurisdiction to try and hear said case because although he is a Regional Director,
his Salary Grade is below 27.
 The Sandiganbayan ruled that the Regional Director is an exception where the Sandiganbayan has
jurisdiction even if such position is not Salary Grade 27.
 Duncano’s Motion for Reconsideration was denied hence the petition for certiorari in the SC.

Precedents used by Duncano:

 Inding v. Sandiganbayan, and Serana v. Sandiganbayan
 (Rejoiner) Cuyco v. Sandiganbayan, and Organo v. Sandiganbayan.

ISSUE/S
1. Does the Sandiganbayan have jurisdiction over the case? (NO)

HELD
1. No, it does not.
a. Duncano does not hold a Salary Grade 27 or higher nor is he part of the enumerated in
Section 4 (A) (1) (a) to (g).
b. The entire of Section 4 should be given effect due to the cardinal rule of statutory
construction: that particular words, clauses, and phrases should not be studied as detached
and isolated expressions, but the whole and every part of the statue must be considered.
c. Therefore, since Duncano does not fall under the Salary Grade 27 or higher, the
Sandiganbayan does not have jurisdiction over this case.

RULING
 Petition for certiorari is GRANTED. The Resolution of the Sandiganbayan Second Division
which denied the petitioner’s Motion to Dismiss on the ground of lack of jurisdiction, are
REVERSED AND SET ASIDE.

RA 8249: Act further defining the jurisdiction of the Sandiganbayan