SC approves ex-UP student regent’s graft trial

The Supreme Court has approved the prosecution of a former University of the Philippines (UP) student regent who was slapped with estafa case for allegedly embezzling P15-million worth of 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 to quash the information for lack of jurisdiction since she is not a public servant, sustaining the anti-graft court's observation that the source of the P15 million is a matter of defense that should be ventilated during the trial on the merits of the case. "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 ruled. The high court also said that as a member of the Board of Regents, which has general powers of administration and exercised 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 that Serana was appointed by former President Joseph Estrada in 1999 as UP student regent, after which, she requested the amount of P15-million for the renovation of the Vinzons Hall Annex in UP Diliman. Relying on the petitioner's false pretenses, Estrada gave the amount to Serana in behalf of the Office of the Student Regent Foundation, Inc (OSRFI) as financial assistance for the Vinzons Hall project. The funds were sourced from the Office of the President. However, when 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 within the state university, filed a malversation case before the Ombudsman. The Ombudsman found probable cause to indict Serana and his brother, Jade Ian with malversation after investigation showed her brother encashed the check but the siblings failed to produce the amount despite repeated demands by the foundation. Serana filed a petition to quash the information claiming she cannot be charged because she is not a public officer, she was not compensated and was merely a student paying regular tuition. Besides, she said it was President Estrada who was duped, not the government. And even assuming that she received the P15-million, the amount reportedly came from Estrada not from the coffers of the government. - GMANews.TV