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Lacson vs sandiganbayan now in this particular case

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Lacson vs. Sandiganbayan. Now in this particular case the Supreme Court said, that in order fora public officer to be under the jurisdiction of the sandiganbayan he must have committed thecrime or the offense in relation to his public office. In other words, the commission must beconsidered as an integral part of his public office. Simply said, the public officer must be anaccountable officer. This was somehow clarified or Can I say amended here by Hannah Seranavs. Sandiganbayan case.Wherein the Supreme Court said, that in relation to one‟s office that‟snot necessarily mean that the office must be an integral part in the crime. In other words,accountable officer. Under the law as long as the public officer is performing a public function,then it is considered in relation to his public office. So, remember these three (3) questionsbecause the answers thereto will determine the jurisdiction of the Sandiganbayan. In summary letme tell you that we repeat the questions are, 1. what offense or crime was committed? 2. Whocommitted the offense or a crime? 3. How was the offense or crime was committed? Theseanswers downthe jurisdiction of the Sandiganbayan. Now, I would also recommend to you thelaws which are the applicable laws in the Sandiganbayan. And these are Republict Act 7975 andRepublic Act 8249. RA No. 7975 as amended by RA 8249. So these are the lws in relationthereto if you want to know who are the public officers salary grade 27 you go to the salary andposition classification act of 1989. There you will know for example that a captain in the armyhas no or is not within the salary grade 27 but if it is in the navy they falls under the jurisdicyionof Sandiganbayan. From thre you would also know that directors and officials of governmentowned and controlled corporations are within the jurisdictiojn of the sandiganbayan. Justempassing the jurisdiction in the criminal procedure to be able for you to appreciate thejurisdiction in civil procedure. Let me tell you another basic principle of jurisdictionspeciallywith regard to criminal cases which is likewise applicable in civil cases. And that is phrase thisway, that the jurisdiction is determined by the law in force at the time of the commencement ofthe action. Now, so that law which is operative when the plaintiff files the case will determinethe jurisdiction. In criminal cases, the commencement is not the commencement of thecriminalproceeding but the commencement of the criminal action and you will know in civilandcriminal procedure, criminal actions commences after filing the complaint before the fiscal‟soffice or preliminary investigation. While the commencement of the proceeding starts by thefiling of the information with the court. So it is the final principle of jurisdiction, that it isdetermined by law in law by the time of the commencement of the action.

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Term
Summer
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Tags
officer, regional trial courts, lower courts

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