Republic of the Philippines y 2 SANDIGANBAYAN Third Division Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff ~versus- SB Case No. SB-14-CRM-0228-0230 For: Violation of Section 3 (e), RA 3019 TEOFILO BUERA GUERA, ET.AL., Accused. MOTION TO QUASH Now Comes ACCUSED ( MAURO C. ARAGAON; ANTONIO 8 ZORNOZA, JR.; and MARIO O. MERCOLISA, JR. ) by counsel, unto this Honorable Court, most respectfully move to quash and/or dismiss the case grounded on LACK OF JURISDICTION. ACCUSED-movants are members of the Sangguniang Bayan of Majayjay, Laguna, a 4" class municipality. Now, Section 4 of Republic Act 7975, as amended by R.A. 8249, explicitly provides: “See. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving: a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter H, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying the positions in the government, whether in permanent, acting or interim capacity, at the time of the commission of the offense: (1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher of the Compensation and Position Classification Act of 1989 ( Republic Act No. 6758), specifically including:“(a) Provincial governors, vice governors, member of the sangguniangpanlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads; “(b) City mayors, vice mayors, members of the sangguniang panglungsod, city treasurers, assessors, engineers, and other city department heads; “(0) Officials of the diplomatic service occupying the position of consul and higher; “(d) Philippine army and air force colonels, naval captains, and all officers of higher rank; “(e) PNP chief superintendent and PNP officers of higher rank; “@) City and provincial prosecutors and_ their assistants, and officials and prosecutors in the office of the Ombudsman and special prosecutors; “(g) Presidents, directors or trustees, or managers of government-owned or controlled corporations state universities or educational institutions or foundations; “(2) Members of congress and officials thereof classified as Grade “27” and up under the Compensation and Position Classisfication Aet of 1989, “@3) Members of the judiciary without prejudice to the provisions of the Constitution; “(4) Chairmen and members of Constitutional commissions, without prejudice to the provisions of the Constitution; and “(5) All other national and local officials classified as Grade “27” and higher under the Compensation and Position Classification Act of 1989; “b, Other offenses or felonies committed by the public officials and employees mentioned in subsection (a) of this section in relation to their office. “e. Civil and criminal cases filed pursuant to and i connection with Executive Order Nos. 1,2,14 and 14-4.” yCulled from the exclusive enumerations above, no mention was made on municipal mayors and vice-mayors, and with more emphasis on the members of the Sangguniang Bayan, having been classified with Salary Grade 24, pursuant to Republic Act 6758, otherwise known as an “Act Prescribing a Revised Compensation and Position Classification System in the Government”. Applying the statutory maxim of “expressio unius est exclusio alterius”, inasmuch as members of the Sanguniang Bayan were not included in the enumeration, they ought to be excluded from the coverage of R.A. 8249, and clearly beyond the jurisdiction of this Honorable Court. The fact alone that the accused- members of the Sangguniang Bayan were charged in ( alleged ) conspiracy with the (then) Municipal Mayor, with Salary Grade 27, does not and will not vest this Honorable Court jurisdiction over the accused for they were charged with violation of R.A. 3019, where Salary Grade is not determinative of jurisdiction, in line with the pronouncement of the Highest Court in the case of Ricardo Inding vs. Sandiganbayan, viz: ‘In other words, violation of Rep. Act No. 3019 committed by officials in the executive branch with SG 27 or higher, and the officials specifically enumerated in (a) to (g) of Section 4 a.(1) of P.D. No. 1606, as amended by Section 2 of Rep. Act No. 7975, regardless of their salary grades, likewise fall within the original jurisdiction of the Sandiganbayan.” — ( G.R. No. 143047, July 14, 2004 ). Indeed, this issue on “jurisdiction and salary grade” was further clarified by the Supreme Court in People of the Philippines vs. Sandiganbayan and Victoria Amante, thus: “The above law is clear as to the composition of the original jurisdiction of the Sandiganbayan. Under Section 4(a), the ‘following offenses are specifically enumerated: violations of R.A. ‘No. 3019, as amended, R.A. No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code. In order for the Sandiganbayan to acquire jurisdiction over the said offenses, the latter must be committed by, among others, officials of the executive branch occupying positions of regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989. However, the law is not devoid of exceptions. Those that are classified as Grade 26 and below may still fall within the jurisdiction of the Sandiganbayan provided that they hold the positions thus enumerated by the same law.” — ( G.R. No. 167304, August 25, 2009)The Supreme Court, in the same case ( People vs. Sandiganbayan and Victoria Amante ), continued: “Particularly and exclusively enumerated are provincial governors, vice-governors, members of the sangguniang pantalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads; city mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers , and other city department heads; officials of the diplomatic service occupying the position as consul and higher; Philippine army and air force colonels, naval captains, and all officers of higher rank; PNP chief superintendent and PNP officers of higher rank; City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; and presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations. In connection therewith, Section 4(b) of the same law provides that other offenses or felonies committed by public officials and employees mentioned in subsection (a) in relation to their office also fall under the jurisdiction of the Sandiganbayan.” Guided by the above-cited jurisprudence, if this Honorable Court would take cognizance of an alleged graft case against members of the Sangguniang Bayan, along with the (then) Municipal and Vice Mayors, who were NOT specifically named, included or enumerated under the law, it would in effect, constitute as an amendment, if not an expansion to P-D 1606 as amended by R.A. 7975 and as further amended by R.A. 8249. PRAYER IN THE NAME OF TRUTH AND JUSTICE, it is most respectfully prayed before this Honorable Court that the case be DISMISSED and/or QUASHED for LACK OF JURISDICTION. Other available remedies, just and equitable under the circumstances are likewise prayed for. RESPECTFULLY SUBMITTED. Quezon City, 14 August 2014. Attorney’s Roll No. 54262 MCLE Compliance No. IV- I-0022391; November 5, 2013 888 Delbros Bldg. Delbros Avenue Pascor Drive, Sto. Nino, Paranaque CityCounsel for Accused: MAURO C. ARAGAON; ANTONIO S. ZORNOZA, JR.; and MARIO O. MERCOLISA, JR. NOTICE OF HEARING and COPY FURNISHED (It is hereby explained that except for the Office of the Special Prosecutor, the parties below were served a copy of the foregoing motion to quash by registered mail, as the undersigned has no available personnel to effect personal service. ) Florentino & Esmaquel Law Office Counsel for Complainants Unit 1706, 17" Flr., Prestige Tower F. Ortigas Jr. Road, Ortigas Center, Pasig City FROILAN T. GRUEZO Private Complainant ‘A. Luna St,, Brgy. San Francisco, Majayjay,Laguna PILIPINAS PARA SA PINOY (PPP) 640 Morales Ave., Brgy. Gen. Paulino Koronadal City ARCADIO BIGO GAPANGADA, JR. 47 5" St., Brgy San Francisco, San Pablo City TEOFILO BUERA GUERA 361 A. Luna St., Brgy. San Francisco, Majayjay, Laguna OFFICE OF THE SPECIAL PROSECUTOR 5" Floor, Sandiganbayan Centennial Bldg., Comonwealth Avenue cor. Batasan Road, Quezon City Executive Clerk of Court IIT Third Division -SANDIGANBAYAN Greetings: Kindly take notice that the undersigned counsel will submit/set for hearing the foregoing Motion to Quash and thereby request that the same be calendared for hearing on 22 August 2014, unless the Honorable Court would dispense the setting/hearing on the said motion and would instead direct the Office of the Special Prosecutor to file their Comment/Opposition. LO} iZO E. BIGAYAN Z