Rodrigo v.

Sandiganbayan,
309 SCRA 661

FACTS:
The Municipality of San Nicolas, represented by Mayor Conrad Rodrigo, entered into an
agreement with Philwood Construction, represented by Larry Lu, for the electrification of
Barangay Caboloan, San Nicolas, for the sum of P486,386.18. On September 2, 1992,
Reynaldo Mejica, the Planning And Development Coordinator of San Nicolas, prepared an
Accomplishment Report stating that the Caboloan Power Generation project was
97.5%accomplished. Said report was supposedly approved by Mayor Rodrigo and confirmed
by Larry Lu. On the basis of said report, payment of P452, 825.53was effected by the
Municipal Treasurer, petitioner Alejandro Facundo, toPhilwood Construction.On 14 August
1993, petitioners received a Notice of Disallowance Dated 21 June 1993 from the Provincial
Auditor of Pangasinan, Atty. Agustin Chan, Jr., who found that as per COA (Commission on
Audit) evaluation of the electrification project, only 60.0171% of the project (equivalent to P
291,915.07) was actually accomplished. The Ombudsman approved the filing of an
information against Rodrigo et. al. for violation of Anti-Graft Law before the
Sandiganbayan. Petitioners question the jurisdiction of the Sandiganbayan. They contend
that Mayor Rodrigo Occupies a position of Grade 24 and is, therefore, beyond the original
and exclusive jurisdiction of the Sandiganbayan.

ISSUE:
Whether the Sandiganbayan has jurisdiction over Rodrigo et. al.

HELD:
Yes.

Although RA 7975 limits the jurisdiction of the Sandiganbayan to those government officials
having Salary Grade 27 or higher, municipal mayors were re-classified from Salary Grade 24
to Salary Grade 27 by virtue of RA 6758 which took effect on July 1, 1989. Rodrigo however,
claim that at the time of the commission of the alleged crime on or about 2September 1992,
Mayor Rodrigo, the highest public ranking public official impleaded in this case, was
receiving a monthly salary of P10,441.00.Such amount 6758 is supposedly equivalent to a
fourth step increment in Grade 24 under the Salary Schedule prescribed in Section 7 of R.A.
No.6758. Congress adopted the scheme employed in P.D. No. 985 for classifying positions
with comparable responsibilities and qualifications for the purpose of according such
positions similar salaries. This scheme is known as the "Grade," defined in P.D. No. 985 as
including all classes of positions which, although different with respect to kind or subject
matter of work, are sufficiently equivalent as to level of difficulty and responsibilities and level
of qualification requirements of the work to warrant the inclusion of such classes of positions
within one range of basic compensation. Rodrigos position having been classified as Grade
27 in accordance with R.A. No. 6758, and having been charged with violation of Section 3
(e) of R.A. 3019, is subject to the jurisdiction of the Sandiganbayan.