Case Digest: LUDWIG H. ADAZA v. SANDIGANBAYAN, et al.

Case Digest: LUDWIG H. ADAZA v. SANDIGANBAYAN, et al.

       Department of Public Works and Highways (DPWH) of 1st District of Zamboanga del Norte awarded to Parents and Teachers Association (PTA)of Manawan National High School (MNHS) a contract for the construction of a school building at an agreed consideration of P111,319.50. Upon the completion of the project, PTA failed to receive the last installment payment amounting to P20,847.17.

        PTA president Felix Mejorda (Mejorda) was informed by Hazel Peñaranda, DPWH Cashier, that the check for P20,847.17 had been released to Ludwig H. Adaza (Adaza).

        Subsequently, Mejorda found out that acknowledging receipt of the check bears his name and signature which was not his. He likewise noticed that Adaza‘s signature was affixed on the voucher. During that time, Adaza was municipal mayor of Jose Dalman. Upon examination of DBP Check issued to payee, Mejorada noticed that there were two signatures at the dorsal portion of it, his forged signature and another which he found to be that of Aristela Adaza (Aristela), wife of Adaza.

   The Office of the Ombudsman filed two Informations against Adaza. The Sadiganbayan found Adaza guilty of the offense charged. It thereafter issued a Bench Warrant of Arrest. Hence, the filing of this petition.

ISSUE:

Whether or not Sandiganbayan has jurisdiction over the falsification case against Adaza which was not in relation to his position as municipal mayor

HELD:

In the instant case, there is no showing that the alleged falsification was committed by the accused, if at all, as a consequence of, and while they were discharging, official functions. The information does not allege that there was an intimate connection between the discharge of official duties and the commission of the offense.

Clearly therefore, as the alleged falsification was not an offense committed in relation to the office of the accused, it did not come under the jurisdiction of the Sandiganbayan. It follows that all its acts in the instant case are null and void ab initio.