LLORENTE, Jr. v.

SANDIGANBAYAN
January 19, 2000 | Pardo, J. | Special Civil Action for Certiorari | Jurisdiction of the Courts:
Sandiganbayan

Doctrine: It is the official’s grade that determines his or her salary, not the other way around. To
determine whether the official is within the exclusive jurisdiction of the Sandiganbayan, therefore,
reference should be made to RA 6758 and the Index of Occupational Services, Position Titles and
Salary Grades. An official’s grade is not a matter of proof, but a matter of law which the court must
take judicial notice.

Facts:
1. Petitioner Crescente Y. Llorente, Jr. was elected municipal mayor of Sindangan, Zamboanga in 1988
and again in 1992.

2. In 1993, the Office of the Special Prosecutor filed with the Sandiganbayan an information against
Llorente for violation of Sec 3 (e), RA 3019 for seizing 930 sawn knockdown wooden boxes belonging
to a Godofredo Diamante without any search warrant and without issuing any receipt of seizure. He
and his co-accused were arraigned and pleaded not guilty in 1994.

3. In March 1995, the Office of the Ombudsman filed with the Sandiganbayan another information
against Llorente for violation of Sec 3 (f), RA 3019 for refusing to issue a Mayor’s permit to the ice
plant and resawmill/box factory of R. F. Diamante and family, without sufficient justification, after due
demand and payment of license fees were made. No trial has begun for either case before the
Sandiganbayan.

*4. On May 8 1995, Llorente was a candidate and eventually elected Congressman of the 2nd District
of Zamboanga del Norte. On May 16, 1995, Congress enacted RA 7975, amending Sec 4 of PD 1606 .

5. On July 10, 1995, petitioner filed with the Sandiganbayan, Third Division, a motion to dismiss or
transfer the first case to the RTC, Sindangan, Zamboanga. On the same date, petitioner filed with the
Sandiganbayan, First Division, a motion to refer the second to the same RTC.

6. Petitioner averred that the enactment of RA 7975 divested the Sandiganbayan of its jurisdiction
over criminal cases for violations of RA 3019 against municipal mayors who receive salary less than
that corresponding to Grade 27, pursuant to the Index of Occupational Services prepared by the
Department of Budget and Management (DBM). Both Motions were denied.

7. Llorente filed the present petitions for certiorari. The cases were consolidated. *Meanwhile,
Congress enacted RA 8249, an act redefining the jurisdiction of Sandiganbayan.

Issue: WON RA 7975 divested the Sandiganbayan of its jurisdiction over violations of RA 3019, as
amended, against municipal mayors. (NO)

Ruling: Consolidated petitions are DISMISSED for lack of merit.

1. There is no merit to petitioner’s averment that the salary received by a public official dictates his
salary grade. "On the contrary, it is the official’s grade that determines his or her salary, not the other
way around." "To determine whether the official is within the exclusive jurisdiction of the
Sandiganbayan, therefore, reference should be made to RA 6758 and the Index of Occupational
Services, Position Titles and Salary Grades. An official’s grade is not a matter of proof, but a matter of
law which the court must take judicial notice."
2. Section 444 (d) of the Local Government Code provides that "the municipal mayor shall receive a
minimum monthly compensation corresponding to Salary Grade 27 as prescribed under RA 6758 and
the implementing guidelines issued pursuant thereto." Additionally, both the 1989 and 1997 versions
of the Index of Occupational Services, Position Titles and Salary Grades list the municipal mayor under
Salary Grade 27. Consequently, the cases against petitioner as municipal mayor for violations of RA
3019, as amended, are within the exclusive jurisdiction of the Sandiganbayan.