Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. Nos. !

"#$%&$" Septe'be( ) $##*

ensure an ade9uate supply of affordable" 9uality:produced boo&s for the domestic and e;port mar&et. 7o achieve this purpose" the la0 provided for the creation of the National Boo& 8evelopment Board +NB8B or the <overnin' Board" for brevity," 0hich shall be under the administration and supervision of the -ffice of the $resident. 7he <overnin' Board shall be composed of eleven +11, members 0ho shall be appointed by the $resident of the $hilippines" five +5, of 0hom shall come from the 'overnment" 0hile the remainin' si; +6, shall be chosen from the nominees of or'ani=ations of private boo& publishers" printers" 0riters" boo& industry related activities" students and the private education sector. -n 6ebruary 26" 1!!6" petitioner 0as appointed to the <overnin' Board as a private sector representative for a term of one +1, year.6 8urin' that time" she 0as also the $resident of the Boo& (uppliers %ssociation of the $hilippines +B(%$,. (he 0as on a hold: over capacity in the follo0in' year. -n (eptember 1." 1!!8" she 0as a'ain appointed to the same position and for the same period of one +1, year. $art of her functions as a member of the <overnin' Board is to attend boo& fairs to establish lin&a'es 0ith international boo& publishin' bodies. -n (eptember 2!" 1!! " she 0as issued by the -ffice of the $resident a travel authority to attend the 1adrid 3nternational Boo& 6air in (pain on -ctober 8: 12" 1!! .8 Based on her itinerary of travel"! she 0as paid $15!"1!!.//1/ as her travellin' e;penses. >nfortunately" petitioner 0as not able to attend the scheduled international boo& fair. -n 6ebruary 16" 1!!8" Resident %uditor Rosario 7. 1artin advised petitioner to immediately return?refund her cash advance considerin' that her trip 0as canceled.11 $etitioner" ho0ever" failed to do so. -n July 6" 1!!8" she 0as issued a (ummary of 8isallo0ances12 from 0hich the balance for settlement amounted to $22/"5.!.//. 8espite said notice" no action 0as forthcomin' from the petitioner.

C+RO,IN+ R. -+VIER) Petitione() .s. THE /IRST DIVISION O/ THE S+NDIG+N0+1+N an2 the PEOP,E O/ THE PHI,IPPINES) Respon2ents. DECISION DE, C+STI,,O) -.3 Before the Court is a petition for certiorari1 under Rule 65 of the Rules of Court filed by petitioner Carolina R. Javier in Criminal Case Nos. 2586 and 258!8" entitled #$eople of the $hilippines" $laintiff versus Carolina R. Javier" %ccused"# see&in' to nullify respondent (andi'anbayan)s* +1, -rder2 dated November 1." 2/// in Criminal Case No. 2586 " 0hich denied her 1otion to 2uash 3nformation4 +2, Resolution5 dated January 1 " 2//1 in Criminal Case No. 258!8" 0hich denied her 1otion for Reconsideration and 1otion to 2uash 3nformation4 and +5, -rder. dated 6ebruary 12" 2//1" declarin' that a motion for reconsideration in Criminal Case No. 258!8 0ould be superfluous as the issues are fairly simple and strai'htfor0ard. 7he factual antecedents follo0. -n June " 1!!5" Republic %ct +R.%., No. 8/. "5 or other0ise &no0n as the #Boo& $ublishin' 3ndustry 8evelopment %ct#" 0as enacted into la0. 6oremost in its policy is the (tate)s 'oal in promotin' the continuin' development of the boo& publishin' industry" throu'h the active participation of the private sector" to

-n (eptember 25" 1!!!" 8r. Nellie R. %polonio" then the @;ecutive 8irector of the NB8B" filed 0ith the -mbudsman a complaint a'ainst petitioner for malversation of public funds and properties. (he averred that despite the cancellation of the forei'n trip" petitioner failed to li9uidate or return to the NB8B her cash advance 0ithin si;ty +6/, days from date of arrival" or in this case from the date of cancellation of the trip" in accordance 0ith 'overnment accountin' and auditin' rules and re'ulations. 8r. %polonio further char'ed petitioner 0ith violation of Republic %ct +R.%., No. 6 1515 for failure to file her (tatement of %ssets and Aiabilities. 7he -mbudsman found probable cause to indict petitioner for violation of (ection 5+e, of R.%. No. 5/1!"1. as amended" and recommended the filin' of the correspondin' information.15 3t" ho0ever" dismissed for insufficiency of evidence" the char'e for violation of R.%. No. 6 15. 3n an 3nformation dated 6ebruary 18" 2///" petitioner 0as char'ed 0ith violation of (ection 5+e, of R.%. No. 5/1! before the (andi'anbayan" to 0it* 7hat on or about -ctober 8" 1!! " or for sometime prior or subse9uent thereto" in the City of 2ue=on" $hilippines and 0ithin the Burisdiction of this Conorable Court" the aforenamed accused" a public officer" bein' then a member of the 'overnin' Board of the National Boo& 8evelopment Board +NB8B," 0hile in the performance of her official and administrative functions" and actin' 0ith evident bad faith or 'ross ine;cusable ne'li'ence" did then and there 0illfully" unla0fully and criminally" 0ithout any Bustifiable cause" and despite due demand by the Resident %uditor and the @;ecutive 8irector of NB8B" fail and refuse to return and?or li9uidate her cash advances intended for official travel abroad 0hich did not materiali=e" in the total amount of $15!"1!!.// as of (eptember 25" 1!!!" as re9uired under @- No. 2.8 and (ec. 5 of C-% Circular No. ! ://2 thereby causin' dama'e and undue inBury to the <overnment.

C-N7R%RD 7- A%E.16 7he case 0as doc&eted as Criminal Case No. 2586 the 6irst 8ivision. and raffled to

1ean0hile" the Commission on %udit char'ed petitioner 0ith 1alversation of $ublic 6unds" as defined and penali=ed under %rticle 21 of the Revised $enal Code" for not li9uidatin' the cash advance 'ranted to her in connection 0ith her supposed trip to (pain. 8urin' the conduct of the preliminary investi'ation" petitioner 0as re9uired to submit her counter:affidavit but she failed to do so. 7he -mbudsman found probable cause to indict petitioner for the crime char'ed and recommended the filin' of the correspondin' information a'ainst her. 1 7hus" an 3nformation dated 6ebruary 2!" 2/// 0as filed before the (andi'anbayan" 0hich 0as doc&eted as Criminal Case No. 258!8" and raffled to the 7hird 8ivision" the accusatory portion of 0hich reads* 7hat on or about and durin' the period from -ctober 8" 1!! to 6ebruary 16" 1!!!" or for sometime prior or subse9uent thereto" in 2ue=on City" $hilippines" and 0ithin the Burisdiction of this Conorable Court" the above:named accused" a hi'h ran&in' officer" bein' a member of the <overnin' Board of the National Boo& 8evelopment Board and as such" is accountable for the public funds she received as cash advance in connection 0ith her trip to (pain from -ctober 8:12" 1!! " per AB$ Chec& No. 1/188 in the amount of $15!"1!!.//" 0hich trip did not materiali=e" did then and there 0illfully" unla0fully and feloniously ta&e" malverse" misappropriate" embe==le and convert to her o0n personal use and benefit the aforementioned amount of $15!"1!!.//" $hilippine currency" to the dama'e and preBudice of the 'overnment in the aforesaid amount. C-N7R%RD 7- A%E.18

8urin' her arrai'nment in Criminal Case No. 2586 " petitioner pleaded not 'uilty. 7hereafter" petitioner delivered to the 6irst 8ivision the money subBect of the criminal cases" 0hich amount 0as deposited in a special trust account durin' the pendency of the criminal cases. 1ean0hile" the 7hird 8ivision set a clarificatory hearin' in Criminal Case No. 258!8 on 1ay 16" 2/// in order to determine Burisdictional issues. -n June 5" 2///" petitioner filed 0ith the same 8ivision a 1otion for Consolidation1! of Criminal Case No. 258!8 0ith Criminal Case No. 2586 " pendin' before the 6irst 8ivision. -n July 6" 2///" the $eople filed an >r'ent @;:$arte 1otion to %dmit %mended 3nformation2/ in Criminal Case No. 258!8" 0hich 0as 'ranted. %ccordin'ly" the %mended 3nformation dated June 28" 2/// reads as follo0s* 7hat on or about and durin' the period from -ctober 8" 1!! to 6ebruary 16" 1!!!" or for sometime prior or subse9uent thereto" in 2ue=on City" $hilippines" and 0ithin the Burisdiction of this Conorable Court" the above:named accused" a hi'h ran&in' officer" bein' a member of the <overnin' Board of the National Boo& 8evelopment Board e9uated to Board 1ember 33 0ith a salary 'rade 28 and as such" is accountable for the public funds she received as case advance in connection 0ith her trip to (pain from -ctober 8:12" 1!! " per AB$ Chec& No. 1/188 in the amount of $15!"1!!.//" 0hich trip did not materiali=e" did then and there 0illfully" unla0fully and feloniously ta&e" malverse" misappropriate" embe==le and convert to her o0n personal use and benefit the aforementioned amount of $15!"1!!.//" $hilippine currency" to the dama'e and preBudice of the 'overnment in the aforesaid amount. C-N7R%RD 7- A%E.21 3n its Resolution dated -ctober 5" 2///" the 7hird 8ivision ordered the consolidation of Criminal Case No. 258!8 0ith Criminal Case No. 2586 . 22

-n -ctober 1/" 2///" petitioner filed a 1otion to 2uash 3nformation"25 averrin' that the (andi'anbayan has no Burisdiction to hear Criminal Case No. 2586 as the information did not alle'e that she is a public official 0ho is classified as <rade #2 # or hi'her. Neither did the information char'e her as a co:principal" accomplice or accessory to a public officer committin' an offense under the (andi'anbayan)s Burisdiction. (he also averred that she is not a public officer or employee and that she belon's to the <overnin' Board only as a private sector representative under R.%. No. 8/. " hence" she may not be char'ed under R.%. No. 5/1! before the (andi'anbayan or under any statute 0hich covers public officials. 1oreover" she claimed that she does not perform public functions and is 0ithout any administrative or political po0er to spea& of F that she is servin' the private boo& publishin' industry by advancin' their interest as participant in the 'overnment)s boo& development policy. 3n an -rder2. dated November 1." 2///" the 6irst 8ivision25 denied the motion to 9uash 0ith the follo0in' dis9uisition* 7he fact that the accused does not receive any compensation in terms of salaries and allo0ances" if that indeed be the case" is not the sole 9ualification for bein' in the 'overnment service or a public official. 7he National Boo& 8evelopment Board is a statutory 'overnment a'ency and the persons 0ho participated therein even if they are from the private sector" are public officers to the e;tent that they are performin' their duty therein as such. 3nsofar as the accusation is concerned herein" it 0ould appear that monies 0ere advanced to the accused in her capacity as 8irector of the National Boo& 8evelopment Board for purposes of official travel. Ehile indeed under ordinary circumstances a member of the board remains a private individual" still 0hen that individual is performin' her functions as a member of the board or 0hen that person receives benefits or 0hen the person is supposed to travel abroad and is 'iven 'overnment money to effect that travel" to that e;tent the private sector representative is a public official performin' public functions4 if only for that reason" and not even

considerin' situation of her bein' in possession of public funds even as a private individual for 0hich she 0ould also covered by provisions of the Revised $enal Code" she is properly char'ed before this Court. -n November 15" 2///" the 6irst 8ivision accepted the consolidation of the criminal cases a'ainst petitioner and scheduled her arrai'nment on November 1 " 2///" for Criminal Case No. 258!8. -n said date" petitioner manifested that she is not prepared to accept the propriety of the accusation since it refers to the same subBect matter as that covered in Criminal Case No. 2586 for 0hich the (andi'anbayan 'ave her time to file a motion to 9uash. -n November 22" 2///" petitioner filed a 1otion to 2uash the 3nformation26 in Criminal Case No. 258!8" by invo&in' her ri'ht a'ainst double Beopardy. Co0ever" her motion 0as denied in open court. (he then filed a motion for reconsideration. -n January 1 " 2//1" the (andi'anbayan issued a Resolution2 denyin' petitionerGs motion 0ith the follo0in' dis9uisition* 7he accused is under the Burisdiction of this Court because (ec. . +', of $.8. 16/6 as amended so provides" thus* (ec. .. Jurisdiction. F 7he (andi'anbayan shall e;ercise e;clusive ori'inal Burisdiction in all cases involvin'* ;;;; +', $residents" directors or trustees" or mana'ers of 'overnment: o0ned or controlled corporations" state universities or educational institutions or foundations4 ;;;; 7he offense is office:related because the money for her travel abroad 0as 'iven to her because of her 8irectorship in the National Boo& 8evelopment Board.

6urthermore" there are also alle'ations to hold the accused liable under %rticle 222 of the Revised $enal Code 0hich reads* %rt. 222. -fficers included in the precedin' provisions. F 7he provisions of this chapter shall apply to private individuals 0ho" in any capacity 0hatever" have char'e of any insular" provincial or municipal funds" revenues" or property and to any administrator or depository of funds or property attached " sei=ed or deposited by public authority" even if such property belon's to a private individual. Ai&e0ise" the 1otion to 2uash the 3nformation in Criminal Case No. 258!8 on the 'round of litis pendencia is denied since in this instance" these t0o 3nformations spea& of offenses under different statutes" i.e." R.%. No. 5/1! and the Revised $enal Code" neither of 0hich precludes prosecution of the other. $etitioner hin'es the present petition on the 'round that the (andi'anbayan has committed 'rave abuse of discretion amountin' to lac& of Burisdiction for not 9uashin' the t0o informations char'in' her 0ith violation of the %nti:<raft Aa0 and the Revised $enal Code on malversation of public funds. (he advanced the follo0in' ar'uments in support of her petition" to 0it* first" she is not a public officer" and second" she 0as bein' char'ed under t0o +2, informations" 0hich is in violation of her ri'ht a'ainst double Beopardy. % motion to 9uash an 3nformation is the mode by 0hich an accused assails the validity of a criminal complaint or 3nformation filed a'ainst him for insufficiency on its face in point of la0" or for defects 0hich are apparent in the face of the 3nformation.28 Eell:established is the rule that 0hen a motion to 9uash in a criminal case is denied" the remedy is not a petition for certiorari" but for petitioners to 'o to trial" 0ithout preBudice to reiteratin' the special defenses invo&ed in their motion to 9uash. Remedial measures as re'ards interlocutory orders" such as a motion to

9uash" are fro0ned upon and often dismissed. 7he evident reason for this rule is to avoid multiplicity of appeals in a sin'le action.2! 7he above 'eneral rule" ho0ever admits of several e;ceptions" one of 0hich is 0hen the court" in denyin' the motion to dismiss or motion to 9uash" acts 0ithout or in e;cess of Burisdiction or 0ith 'rave abuse of discretion" then certiorari or prohibition lies. 7he reason is that it 0ould be unfair to re9uire the defendant or accused to under'o the ordeal and e;pense of a trial if the court has no Burisdiction over the subBect matter or offense" or is not the court of proper venue" or if the denial of the motion to dismiss or motion to 9uash is made 0ith 'rave abuse of discretion or a 0himsical and capricious e;ercise of Bud'ment. 3n such cases" the ordinary remedy of appeal cannot be plain and ade9uate.5/ 7o substantiate her claim" petitioner maintained that she is not a public officer and only a private sector representative" stressin' that her only function amon' the eleven +11, basic purposes and obBectives provided for in (ection ." R.%. No. 8/. " is to obtain priority status for the boo& publishin' industry. %t the time of her appointment to the N8B8 Board" she 0as the $resident of the B(%$" a boo& publishers association. %s such" she could not be held liable for the crimes imputed a'ainst her" and in turn" she is outside the Burisdiction of the (andi'anbayan. 7he NB8B is the 'overnment a'ency mandated to develop and support the $hilippine boo& publishin' industry. 3t is a statutory 'overnment a'ency created by R.%. No. 8/. " 0hich 0as enacted into la0 to ensure the full development of the boo& publishin' industry as 0ell as for the creation of or'ani=ation structures to implement the said policy. 7o achieve this end" the <overnin' Board of the NB8B 0as created to supervise the implementation. 7he <overnin' Board 0as vested 0ith po0ers and functions" to 0it* a, assume responsibility for carryin' out and implementin' the policies" purposes and obBectives provided for in this %ct4

b, formulate plans and pro'rams as 0ell as operational policies and 'uidelines for underta&in' activities relative to promotin' boo& development" production and distribution as 0ell as an incentive scheme for individual authors and 0riters4 c, formulate policies" 'uidelines and mechanisms to ensure that editors" compilers and especially authors are paid Bustly and promptly royalties due them for reproduction of their 0or&s in any form and number and for 0hatever purpose4 d, conduct or contract research on the boo& publishin' industry includin' monitorin'" compilin' and providin' data and information of boo& production4 e, provide a forum for interaction amon' private publishers" and" for the purpose" establish and maintain liaison 0ill all the se'ments of the boo& publishin' industry4 f, as& the appropriate 'overnment authority to ensure effective implementation of the National Boo& 8evelopment $lan4 ', promul'ate rules and re'ulations for the implementation of this %ct in consultation 0ith other a'encies concerned" e;cept for (ection ! hereof on incentives for boo& development" 0hich shall be the concern of appropriate a'encies involved4 h, approve" 0ith the concurrence of the 8epartment of Bud'et and 1ana'ement +8B1," the annual and supplemental bud'ets submitted to it by the @;ecutive director4 i, o0n" lease" mort'a'e" encumber or other0ise real and personal property for the attainment of its purposes and obBectives4 B, enter into any obli'ation or contract essential to the proper administration of its affairs" the conduct of its operations or the accomplishment of its purposes and obBectives4

&, receive donations" 'rants" le'acies" devices and similar ac9uisitions 0hich shall form a trust fund of the Board to accomplish its development plans on boo& publishin'4 l, import boo&s or ra0 materials used in boo& publishin' 0hich are e;empt from all ta;es" customs duties and other char'es in behalf of persons and enterprises en'a'ed in boo& publishin' and its related activities duly re'istered 0ith the board4 m, promul'ate rules and re'ulations 'overnin' the matter in 0hich the 'eneral affairs of the Board are to be e;ercised and amend" repeal" and modify such rules and re'ulations 0henever necessary4 n, recommend to the $resident of the $hilippines nominees for the positions of the @;ecutive -fficer and 8eputy @;ecutive -fficer of the Board4 o, adopt rules and procedures and fi; the time and place for holdin' meetin's* $rovided" 7hat at least one +1, re'ular meetin' shall be held monthly4 p, conduct studies" seminars" 0or&shops" lectures" conferences" e;hibits" and other related activities on boo& development such as indi'enous authorship" intellectual property ri'hts" use of alternative materials for printin'" distribution and others4 and 9, e;ercise such other po0ers and perform such other duties as may be re9uired by the la0.51 % perusal of the above po0ers and functions leads us to conclude that they parta&e of the nature of public functions. % public office is the ri'ht" authority and duty" created and conferred by la0" by 0hich" for a 'iven period" either fi;ed by la0 or endurin' at the pleasure of the creatin' po0er" an individual is invested 0ith some portion of the soverei'n functions of the 'overnment" to be e;ercised by him for the benefit of the public. 7he individual so invested is a public officer.52

Not0ithstandin' that petitioner came from the private sector to sit as a member of the NB8B" the la0 invested her 0ith some portion of the soverei'n functions of the 'overnment" so that the purpose of the 'overnment is achieved. 3n this case" the 'overnment aimed to enhance the boo& publishin' industry as it has a si'nificant role in the national development. Cence" the fact that she 0as appointed from the public sector and not from the other branches or a'encies of the 'overnment does not ta&e her position outside the meanin' of a public office. (he 0as appointed to the <overnin' Board in order to see to it that the purposes for 0hich the la0 0as enacted are achieved. 7he <overnin' Board acts collectively and carries out its mandate as one body. 7he purpose of the la0 for appointin' members from the private sector is to ensure that they are also properly represented in the implementation of 'overnment obBectives to cultivate the boo& publishin' industry. 1oreover" the Court is not unmindful of the definition of a public officer pursuant to the %nti:<raft Aa0" 0hich provides that a public officer includes elective and appointive officials and employees" permanent or temporary" 0hether in the classified or unclassified or e;empt service receivin' compensation" even nominal" from the 'overnment.55 7hus" pursuant to the %nti:<raft Aa0" one is a public officer if one has been elected or appointed to a public office. $etitioner 0as appointed by the $resident to the <overnin' Board of the N8B8. 7hou'h her term is only for a year that does not ma&e her private person e;ercisin' a public function. 7he fact that she is not receivin' a monthly salary is also of no moment. (ection " R.%. No. 8/. provides that members of the <overnin' Board shall receive per diem and such allo0ances as may be authori=ed for every meetin' actually attended and subBect to pertinent la0s" rules and re'ulations. %lso" under the %nti:<raft Aa0" the nature of one)s appointment" and 0hether the compensation one receives from the 'overnment is only nominal" is immaterial because the person so elected or appointed is still considered a public officer.

-n the other hand" the Revised $enal Code defines a public officer as any person 0ho" by direct provision of the la0" popular election" popular election or appointment by competent authority" shall ta&e part in the performance of public functions in the <overnment of the $hilippine 3slands" or shall perform in said <overnment or in any of its branches public duties as an employee" a'ent" or subordinate official" of any ran& or classes" shall be deemed to be a public officer.5. Ehere" as in this case" petitioner performs public functions in pursuance of the obBectives of R.%. No. 8/. " verily" she is a public officer 0ho ta&es part in the performance of public functions in the 'overnment 0hether as an employee" a'ent" subordinate official" of any ran& or classes. 3n fact" durin' her tenure" petitioner too& part in the draftin' and promul'ation of several rules and re'ulations implementin' R.%. No. 8/. . (he 0as supposed to represent the country in the canceled boo& fair in (pain. 3n fine" Ee hold that petitioner is a public officer. 7he ne;t 9uestion for the Court to resolve is 0hether" as a public officer" petitioner is 0ithin the Burisdiction of the (andi'anbayan. $resently"55 the (andi'anbayan has Burisdiction over the follo0in'* (ec. .. Jurisdiction. : 7he (andi'anbayan shall e;ercise e;clusive ori'inal Burisdiction in all cases involvin'* %. Hiolations of Republic %ct No. 5/1!" as amended" other &no0n as the %nti:<raft and Corrupt $ractices %ct" Republic %ct No. 15 !" and Chapter 33" (ection 2" 7itle H33" Boo& 33 of the Revised $enal Code" 0here one or more of the accused are officials occupyin' the follo0in' positions in the 'overnment" 0hether in a permanent" actin' or interim capacity" at the time of the commission of the offense* +1, -fficials of the e;ecutive branch occupyin' the positions of re'ional director and hi'her" other0ise classified as <rade #2 # and

hi'her" of the Compensation and $osition Classification %ct of !8! +Republic %ct No. 6 58," specifically includin'* ;;;; +2, 1embers of Con'ress and officials thereof classified as <rade #<rade )2 )# and up under the Compensation and $osition Classification %ct of 1!8!4 +5, 1embers of the Budiciary 0ithout preBudice to the provisions of the Constitution4 +., Chairmen and members of Constitutional Commission" 0ithout preBudice to the provisions of the Constitution4 and +5, %ll other national and local officials classified as <rade #<rade )2 )# and hi'her under the Compensation and $osition Classification %ct of 1!8!. ;;;; Notably" the 8irector of -r'ani=ation" $osition Classification and Compensation Bureau" of the 8epartment of Bud'et and mana'ement provided the follo0in' information re'ardin' the compensation and position classification and?or ran& e9uivalence of the member of the <overnin' Board of the NB8B" thus* $er 6D 1!!! $ersonal (ervices 3temi=ation" the <overnin' Board of N8B8 is composed of one +1, Chairman +e;:officio," one +1, Hice: Chairman +e;:officio," and nine +!, 1embers" four +., of 0hom are e;:officio and the remainin' five +5, members represent the private sector. 7he said five members of the Board do not receive any salary and as such their position are not classified and are not assi'ned any salary 'rade. 6or purposes ho0ever of determinin' the ran& e9uivalence of said positions" not0ithstandin' that they do not have any salary 'rade

assi'nment" the same may be e9uated to Board 1ember 33" (<: 28.56 7hus" based on the %mended 3nformation in Criminal Case No. 258!8" petitioner belon's to the employees classified as (<:28" included in the phrase #all other national and local officials classified as I<rade 2 ) and hi'her under the Compensation and $osition Classification %ct of 1!8!.# %nent the issue of double Beopardy" Ee can not li&e0ise 'ive in to the contentions advanced by petitioner. (he ar'ued that her ri'ht a'ainst double Beopardy 0as violated 0hen the (andi'anbayan denied her motion to 9uash the t0o informations filed a'ainst her.1avvphi1 Ee believe other0ise. Records sho0 that the 3nformations in Criminal Case Nos. 2586 and 258!8 refer to offenses penali=ed by different statues" R.%. No. 5/1! and R$C" respectively. 3t is elementary that for double Beopardy to attach" the case a'ainst the accused must have been dismissed or other0ise terminated 0ithout his e;press consent by a court of competent Burisdiction" upon valid information sufficient in form and substance and the accused pleaded to the char'e.5 3n the instant case" petitioner pleaded not 'uilty to the 3nformation for violation of the %nti:<raft Aa0. (he 0as not yet arrai'ned in the criminal case for malversation of public funds because she had filed a motion to 9uash the latter information. 8ouble Beopardy could not" therefore" attach considerin' that the t0o cases remain pendin' before the (andi'anbayan and that herein petitioner had pleaded to only one in the criminal cases a'ainst her. 3t is 0ell settled that for a claim of double Beopardy to prosper" the follo0in' re9uisites must concur* +1, there is a complaint or information or other formal char'e sufficient in form and substance to sustain a conviction4 +2, the same is filed before a court of competent Burisdiction4 +5, there is a valid arrai'nment or plea to the char'es4 and +., the accused is convicted or ac9uitted or the case is other0ise dismissed or terminated 0ithout his e;press

consent.58 7he third and fourth re9uisites are not present in the case at bar. 3n vie0 of the fore'oin'" Ee hold that the present petition does not fall under the e;ceptions 0herein the remedy of certiorari may be resorted to after the denial of one)s motion to 9uash the information. %nd even assumin' that petitioner may avail of such remedy" Ee still hold that the (andi'anbayan did not commit 'rave abuse of discretion amountin' to lac& of or in e;cess of Burisdiction. EC@R@6-R@" the $etition is 83(13((@8. 7he 9uestioned Resolutions and -rder of the (andi'anbayan are %663R1@8. Costs a'ainst petitioner. (- -R8@R@8. 83-(8%8- 1. $@R%A7% %ssociate Justice
6ootnotes 1 Rollo" pp. 5:2.. 2 3d. at. 26. 5 3d at 2 :28. . 3d. at 2!:5/. 5 #%N %C7 $R-H383N< 6-R 7C@ 8@H@A-$1@N7 -6 7C@ B--J $>BA3(C3N< 3N8>(7RD 7CR-><C 7C@ 6-R1>A%73-N %N8 31$A@1@N7%73-N -6 % N%73-N%A B--J $-A3CD %N8 % N%73-N%A B--J 8@H@A-$1@N7 $A%N4# records" Hol. 3 +Crim. Case No. 2586 ," pp. 1/1:1/ . 6 Records" Hol. 3 +Crim. Case No. 2586 ," p. !/. Records" Hol. 3 +Crim. Case No. 2586 ," pp. !1:!2. 8 3d. at 122. ! 3d. at 125.

1/ $er Chec& No. 1/188:%D4 id. at 125. 52 6.R. 1echem" % 7reatise on the Aa0 of $ublic -ffices and -fficers" (ec. 1. 11 3d. at 126. 55 R.%. No. 5/1!" (ec. 2 +b,. 12 3d. at 12 . 5. Revised $enal Code" %rt. 2/5. 15 -ther0ise &no0n as the #Code of Conduct and @thical (tandards for $ublic -fficials and @mployees.# 1. -ther0ise &no0n as the #%nti:<raft and Corrupt $ractices %ct.# 15 Resolution dated 6ebruary 18" 2///4 records" Hol. 3 +Crim. Case No. 2586 ," pp. 5:1/. 16 Records" Hol. 33 +Crim. Case No. 2586 ," pp. 1:2. 1 Resolution dated 6ebruary 2!" 2///4 records " Hol. 3" +Crim Case No. 258!8," pp. .:8. 18 Records" Hol. 3 +Crim Case No. 258!8," pp. 1:2. 1! 3d. at 51:52. 2/ 3d. at .5. 21 3d. at .6. 22 3d. at 52. 25 Rollo" pp. ./:5/. 2. Rollo" p. 26. 25 Composed of then $residin' Justice 6rancis @. <architorena" %ssociate Justices Catalino R. CastaKeda" Jr. and <re'ory (. -n'. 26 3d. at 55:58. 2 Rollo" pp. 2 :28. 28 %riel Aos BaKos" et al. v. Joel $edro" <.R. No. 1 5588" %pril 22" 2//!. 2! (erana v. (andi'anbayan" <.R. No. 162/5!" January 22" 2//8" 5.2 (CR% 22.. 5/ Ne0s0ee&" 3nc. v. 3ntermediate %ppellate Court" No. A:6555!" 1ay 5/" 1!86" 1.2 (CR% 1 1. 51 R.%. 8/. " (ec. 84 records" Hol. 3 +Crim. Case No. 2586 ," pp. 1/5:1/.. 55 -n June 11" 1! 8" then $resident 6erdinand @. 1arcos promul'ated $residential 8ecree +$.8., No. 1.86 0hich created the (andi'anbayan. 7he Ehereas Clause of the decree aimed to attain the hi'hest norms of official conduct re9uired of public officers and employees" based on the concept that public officers and employees shall serve 0ith the hi'hest de'ree of responsibility" inte'rity" loyalty and efficiency and shall remain at all times accountable to the $eople. -n 8ecember 1/" 1! 8" $.8. No. 1.86 0as amended by $.8. No. 16/6 0hich e;panded the Burisdiction of the (andi'anbayan. 7hereafter" $.8. No. 1861 amended $.8. No. 16/6 on 1arch 25" 1!85" 0hich decree further altered the (andi'anbayan Burisdiction. -n 1arch 5/" 1!!5" Republic %ct +R.%., No. ! 5 0as approved" ma&in' succeedin' amendments to $.8. No. 16/6" 0hich 0as a'ain amended on 6ebruary 5" 1!! by R.%. No. 82.!. (ection . of 0hich further modified the Burisdiction of the (andi'anbayan. 56 Records" Hol. 3 +Crim Case No. 258!8," p. 56. 5 Cabo v. (andi'anbayan" <.R. No. 16!5/!" June 16" 2//6" .!1 (CR% 26.. 58 3d.