LACSON vs
EXECUTIVE SECRETARY
RA 7975 which amended PD 1606
as regards the Sandiganbayan’s jurisdiction, its mode of appeal and other
procedural matters, has been declared by the Court as not a penal law, but a
clear procedural statute.
Elementary Rule:
Jurisdiction of a Court is
determined by the allegations in the complaint and information and not by the
evidence presented by the parties at trial. The mode or right to appeal in not
included in the prohibition of ex post facto considering that the right to appeal
is not a natural right but statutory in nature that can be regulated by law.
MULTIPLE MURDER CHARGED
Section 4 of RA 8249, requires
that the offense charged must be committed by the offender IN RELATION TO HIS
OFFICE in order for the Sandiganbayan to have jurisdiction over it.
People vs Montejo (INTIMINATELU CONNECTED)
Intimately
connected with the office of the offender and perpetrated while he was in the performance
of his official function.
*Actual recital of FACTS
US vs KARELSEN (the object of this written accusation)
1. Furnish
the accused with discretion of charge
2. Avail
himself of his conviction of acquittal
3. Inform
the Court of the facts alleged so that it may decide
What is controlling is the
specific factual allegations in the information that would indicate the close
intimacy that would indicate the close intimacy between the discharge of the accused’s
official duties and the commission of the offense charged, in order to qualify
the crime as having been committed in relation to public office.
