By Benjamin Pulta
MANILA – The Sandiganbayan has affirmed the ruling of a Nueva Vizcaya Regional Trial Court (RTC) convicting the former disbursing officer of Solano town of malversation involving more than PHP976 million in public funds.
In its decision dated March 11, the anti-graft court upheld the ruling of the Bayombong, Nueva Vizcaya RTC Branch 27 convicting Jocelyn Tuzon after she appealed her conviction before the wrong tribunal.
The Sandiganbayan said it has appellate jurisdiction over final judgments or orders issued by the RTC.
In Tuzon’s case, however, the defense opted to file their appeal before the Court of Appeals (CA) instead of the Sandiganbayan.
On Nov. 3, 2022, the RTC found Tuzon guilty of malversation of public funds and sentenced her to a prison term of up to seven years and perpetual disqualification from public office. She was also ordered to pay a fine of PHP976,696.96.
On Nov. 21, 2022, she filed an appeal before the CA and was given due course by the RTC, which forwarded the records of the case to the CA on Jan. 30, 2023.
On Aug. 15, 2023, the CA declared its lack of jurisdiction and endorsed the case to the Sandiganbayan.
In its decision, the Sandiganbayan explained that Tuzon’s appeal, by the time it reached the graft court, “is clearly beyond the 15-day period within which to appeal.”
“Considering that the appeal of Tuzon was filed to the wrong forum, it did not toll the running of the 15-day reglementary period. Hence, the Decision dated Nov. 3, 2022 of the RTC, Branch 27, Bayombong, Nueva Vizcaya, convicting accused-appellant Jocelyn Tuzon, had already attained finality. As such, this court cannot exercise appellate jurisdiction to review the assailed Decision.” (PNA)
