HANNAH EUNICE D. SERANA vs.

SANDIGANBAYAN and PEOPLE OF THE

PHILIPPINES

G.R. No. 162059 January 22, 2008

FACTS:

Petitioner Hannah Eunice D. Serana was a senior student of the University of the
Philippines-Cebu and was appointed as a student regent by the then Pres. Estrada.

During her term, petitioner discussed with the President the renovation of the
Vinzon’s Hall and was given a budget of P 15,000,000.00. However, the renovation failed
to materialize. The succeeding student regents consequently filed a complaint for
Malversation of Public Funds and Property with the Office of the Ombudsman. The OMB
found probable cause to indict petitioner and her brother, Jade Ian D. Serana, and filed
an estafa case in the Sandiganbayan.

Petitioner moved to quash the information. She claimed that the Sandiganbayan
does not have any jurisdiction over the offense charged or over her person, in her capacity
as UP student regent; that the Sandiganbayan has no jurisdiction over the crime estafa;
and that the Sandiganbayan had no jurisdiction over her person. As a student regent, she
was not a public officer.

ISSUE:
Whether or not Sandiganbayan has jurisdiction over the person of the petitioner as
a student regent.

RULING:

Yes. Petitioner falls under the jurisdiction of the Sandiganbayan as she is placed
there by express provision of law.

In Laurel v. Desierto,41 the Court adopted the definition of Mechem of a public

office:

"A public office is the right, authority and duty, created and conferred
by law, by which, for a given period, either fixed by law or enduring at the
pleasure of the creating power, an individual is invested with some portion
of the sovereign functions of the government, to be exercised by him for the
benefit of the public. The individual so invested is a public officer."

Section 4(A)(1)(g) of P.D. No. 1606 explicitly vested the Sandiganbayan with
jurisdiction over Presidents, directors or trustees, or managers of government-owned or
controlled corporations, state universities or educational institutions or foundations.
Petitioner falls under this category. As the Sandiganbayan pointed out, the BOR performs
functions similar to those of a board of trustees of a non-stock corporation. By express
mandate of law, petitioner is, indeed, a public officer as contemplated by P.D. No. 1606.

Moreover, it is well established that compensation is not an essential element of

public office.46 At most, it is merely incidental to the public office.

Delegation of sovereign functions is essential in the public office. An investment in

an individual of some portion of the sovereign functions of the government, to be
exercised by him for the benefit of the public makes one a public officer.

The administration of the UP is a sovereign function in line with Article XIV of the
Constitution. UP performs a legitimate governmental function by providing advanced
instruction in literature, philosophy, the sciences, and arts, and giving professional and
technical training. Moreover, UP is maintained by the Government and it declares no
dividends and is not a corporation created for profit.