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Eduardo A. ALARILLA, Petitioner, THE Honorable SANDIGANBAYAN (First Division), Respondent

The document discusses a case before the Sandiganbayan regarding the jurisdiction of the court over criminal charges against a municipal mayor. The mayor was accused of aiming a pistol and threatening to kill a complainant during a public hearing where the complainant made a critical speech about the mayor's administration. While the mayor claimed the court did not have jurisdiction since the crime was not office-related, the court found that based on the allegations, the crime was intimately connected to the mayor's performance of his public duties and his position as mayor. Therefore, the Sandiganbayan properly assumed jurisdiction over the case.

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84 views2 pages

Eduardo A. ALARILLA, Petitioner, THE Honorable SANDIGANBAYAN (First Division), Respondent

The document discusses a case before the Sandiganbayan regarding the jurisdiction of the court over criminal charges against a municipal mayor. The mayor was accused of aiming a pistol and threatening to kill a complainant during a public hearing where the complainant made a critical speech about the mayor's administration. While the mayor claimed the court did not have jurisdiction since the crime was not office-related, the court found that based on the allegations, the crime was intimately connected to the mayor's performance of his public duties and his position as mayor. Therefore, the Sandiganbayan properly assumed jurisdiction over the case.

Uploaded by

aliah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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EDUARDO A. ALARILLA, petitioner, vs.

THE HONORABLE
SANDIGANBAYAN (First Division), respondent.

a public officer, being then the Municipal Mayor of Meycauayan, Bulacan,


committing the crime herein charged in relation to and taking advantage of his
official functions, did then and there wilfully, unlawfully and feloniously level
and aim a .45 caliber pistol at and threaten to kill one Simeon G.
Legaspi, during a public hearing about the pollution from the operations of the
Giant Achievers Enterprises Plastic Factory and after the said complainant
rendered a privilege speech critical of the abuses and excesses of the
administration of said accused.

He claimed that the crimes charged in Criminal Case Nos. 23069 and 23070 arose
out of the same incident; that considering that the latter case had already been dismissed
by the court on the ground that it had no jurisdiction over the same since the crime
charged was not office-related, the same ruling should apply to the former case.

In criminal cases, the courts jurisdiction in the first instance is determined by


the facts alleged in the complaint or information. The complaint or information
must be examined for the purpose of ascertaining whether or not the facts set
out therein and the punishment provided for by law for such acts fall within the
jurisdiction of the court in which the complaint or information is presented.

Thus, accused was performing his official duty as municipal mayor when he
attended said public hearing. It is apparent from the allegations, that, although
public office is not an element of the crime of grave threat[s] in abstract, as
committed by the accused, there is an intimate connection/relation between
the commission of the offense and accuseds performance of his public office.

The jurisdiction of a court is determined by the allegations in the complaint or


information.[39] In the case at bar, the amended information contained allegations that the
accused, petitioner herein, took advantage of his official functions as municipal mayor of
Meycauayan, Bulacan when he committed the crime of grave threats as defined in Article
282 of the Revised Penal Code against complainant Simeon G. Legaspi, a municipal
councilor. . Clearly, based on such allegations, the crime charged is intimately connected
with the to private complainants attack to his office. If he was not the mayor, he would not
have been irritated or angered by whatever private complainant might have said during
said privilege speech. Thus, based on the allegations in the information, the
Sandiganbayan correctly assumed jurisdiction over the case.

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