Back

Senator De Lima vs. Hon. Guerrero [DISSENTING OPINION, SERENO, CJ]

SENATOR LEILA M. DE LIMA, Petitioner, vs. HON. JUANITA GUERRERO, in her capacity as Presiding Judge, Regional Trial Court of Muntinlupa City, Branch 204, PEOPLE OF THE PHILIPPINES, P/DIR. GEN. RONALD M. DELA ROSA, in his capacity as Chief of the Philippine National Police, PSUPT. PHILIP GIL M. PHILIPPS, in his capacity as Director, Headquarters Support Service, SUPT. ARNEL JAMANDRON APUD, in his capacity as Chief, PNP Custodial Service Unit, and ALL PERSONS ACTING UNDER THEIR CONTROL, SUPERVISION, INSTRUCTION OR DIRECTION IN RELATION TO THE ORDERS THAT MAY BE ISSUED BY THE COURT, Respondents. Present: SERENO, C.J., CARPIO, VELASCO, JR., LEONARDO-DE CASTRO, PERALTA, BERSAMIN, DEL CASTILLO, PERLAS-BERNABE, LEONEN, JARDELEZA, CAGUIOA, MARTIRES, TIJAM, REYES, JR., and GESMUNDO, JJ.

G.R. No. 229781 | 2017-10-10

DISSENTING OPINION
 
SERENO, CJ:
 
The lis mota in this case is whether the offenses alleged to have been committed by the petitioner, an official with a Salary Grade level of 30, were committed in relation to her office such that it is the Sandiganbayan, and not the Regional Trial Court (RTC) that has jurisdiction over the criminal case against her that was lodged in the respondent court. The Solicitor General claims that regional trial courts, despite the language of the laws creating the Sandiganbayan, and thereafter amending it, cannot be ousted of their exclusive jurisdiction over the same.
 
Offenses Defined and Penalized...