Block B 2017 Digests

CrimPro, Part I, Jurisdiction of the Sandiganbayan

ESQUIVEL v OMBUDSMAN
G.R. No. 137237, September 17, 2002

This special civil action for certiorari, prohibition, and mandamus seeks to annul and set aside the
Ombudsman resolution finding prima facie case against petitioners; supplemental petition assails the
Sandiganbayan for taking cognizance of cases outside its jurisdiction

Facts
PO2 Herminigildo C. Eduardo and SPO1 Modesto P. Catacutan are with the Regional Intelligence
and Investigation Division (RIID) of San Fernando, Pampanga
They charged petitioners Antonio Prospero Esquivel, municipal mayor of Jaen and his brother,
Mark Anthony Eboy Esquivel, barangay captain of Brgy. Apo, Jaen, with alleged illegal arrest,
arbitrary detention, maltreatment, attempted murder, and grave threats
March 14, 1998: Eduardo was at his parents house when petitioners disarmed him of his Cal. 45
service pistol and was brough to the Jaen Municipal Hall; on their way to the town hall, Mayor
Esquivel mauled him with the use of a firearm and threatened to kill him
Upon reaching the municipal hall, Mark Esquivel shoved Eduardo into a hut
Catacutan, he arrived to verify what happened to his teammate, but he was likewise threatened
Mayor Esquivel continued to strike Eduardo, but eventually released him
Eduardo told the PNP-CIDG investigators that he was most likely maltreated and threatened
because of jueteng and tupada raids the Mayor believed he was a part of
PNP-CIDG Third Regional Office forwarded the pertinent records to the Office of the Deputy
Ombudsman
After a preliminary investigation, the Deputy Ombudsman for Luzon issued the impugned
resolution recommending that both Mayor Esquivel and Barangay Captain Mark Esquivel be
indicted for less serious physical injuries, and Mayor Esquivel alone for grave threats
Separate informations for these crimes were filed with the Sandiganbayan
Petitioners filed a petition with the SC alleging grave abuse of discretion on the part of the
Ombudsman and Sandiganbayan

Issue
Whether or not the Sandiganbayan has jurisdiction over offenses filed against the petitioners

Held
Yes. Although municipal mayors and barangay captains are not mentioned in RA 7975, in Rodrigo, Jr.
vs. Sandiganbayan, Binay vs. Sandiganbayan, and Layus vs. Sandiganbayan, it was held that municipal
mayors fall under the original and exclusive jurisdiction of the Sandiganbayan. Even if Barangay Captain
Mark Anthony Esquivel claims that he is not a municipal mayor and is thus outside the Sandiganbayans
jurisdiction, RA 7975 (as amended by RA 8249) provides that it is only when none of the accused are
occupying positions corresponding to salary grade 27 or higher that exclusive original jurisdiction will
be vested in the trial courts. Under the Local Government Code, Mayor Esquivel has a salary grade of 27.
Thus, being the co-accused in the criminal case, the Sandiganbayan committed no grave abuse of discretion
in assuming jurisdiction over said case.

WHEREFORE, the petition is dismissed as the Sandiganbayan has original and exclusive jurisdiction over
municipal mayors, as held in previous SC decisions, and in cases where there is a co-accused falling under
salary grade 27 or higher