September 9, 2024

CIBAC Party-List Rep. Bro. Eddie Villanueva cautions that the case filed against Alice Guo might be dismissed due to question of court jurisdiction based on the provision of Republic Act 10660, a law strengthening the Sandiganbayan.

Section 2 of RA 10660 states that “cases falling under the jurisdiction of the Regional Trial Court (RTC) under this section shall be tried in a judicial region other than where the official holds office.”

Former Bamban, Tarlac Mayor Guo was charged with violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and the case was filed with the RTC in Capas, Tarlac. However, citing a decision of the Supreme Court in Non vs. Ombudsman GR No. 251177 (2020) – a corruption case dismissed by the High Court for lack of jurisdiction – the CIBAC solon warns that same procedural defect might extricate Guo from charges since jurisprudence already ruled that she should not be tried in judicila region of Region 3.

The case Non vs. Ombudsman involved a corruption case filed against officials of the Energy Regulatory Commission (ERC) for violation of RA 3019. The case was filed in Pasig City RTC as the alleged corrupt acts of said ERC officials were committed in its office in Pasig City. However, the Supreme Court dismissed the case saying that all actions and proceedings undertaken by the Pasig City RTC were null and void for lack of jurisdiction based on Section 2 of RA 10660. The High Tribunal ruled that a case filed with a court having no jurisdiction will mean motu proprio dismissal.

“We appeal to our prosecution arm to exercise utmost care, caution and diligence in building the case against the accused. So much public interest is at stake in this case and we should not let any technicality foil the wheel of justice for the Filipino people,” says the CIBAC solon.