THE Supreme Court has approved the
prosecution of a former University of the Philippines student
regent who was slapped with estafa for allegedly embezzling P15
million in government funds.
In a 22-page decision penned by Associate
Justice Ruben Reyes, the high court ordered the Sandiganbayan to
proceed with the trial for graft filed by the Office of the
Ombudsman against Hannah Eunice Serana.
The SC denied Serana’s petition to reverse
the Sandiganbayan’s decision for lack of jurisdiction because
she is not a public servant. The tribunal sustained the
anti-graft court’s observation that whether the P15 million is
public or private money is a matter of defense that should be
ventilated during the trial. Serana claimed there was no
government involved.
"We cannot agree. The information alleges
that the funds came from the Office of the President and not its
then occupant, President Joseph Estrada. Under the information
it is averred that petitioner (Serana) requested the amount of
P15 million from the Office of the President," the Court said.
The high court also said as a member of the
Board of Regents, which has general powers of administration and
exercises the corporate powers of UP, Serana is considered a
public officer.
The fact that she was not compensated does
not mean that she is not a public officer, the Court said.
"Compensation is not an essential part of
public office. Compensation has been interpreted to include
allowances. By this definition, petitioner was compensated," it
added.
Court records showed Serana was appointed by
Estrada in 1999 as UP student regent. She requested P15 million
for the renovation of the Vinzons Hall Annex in UP Diliman.
Estrada gave the amount to Serana on behalf
of the Office of the Student Regent Foundation Inc. as financial
assistance for the Vinzons Hall project. The funds were sourced
from the Office of the President.
The project did not materialize. The
succeeding student regent, Kristine Clare Bugayong, and
Christine Jill de Guzman, secretary general of the KASAMA sa UP,
a system-wide alliance of student councils in the state
university, filed a malversation case before the Ombudsman.
The Ombudsman found probable cause to indict Serana and her
brother, Jade Ian, after investigation showed her brother
encashed the check but the siblings failed to produce the amount
despite repeated demands by the foundation. – Evangeline
De Vera
