#migrino

AUGUST 30, 1990 CORTES, J.

FACTS:

The New Armed Forces of the Philippines Anti-Graft Board moved to investigate private respondent Lt. Col Troadio Tecson (ret.) for violation of RA 1379. The Board alleged that the PCGG has the power to investigate and cause the prosecution of private respondent because he is a “subordinate” of former President Marcos.

Private respondent filed a Motion to Dismiss but said motion was denied. He then filed a petition for prohibition with preliminary injunction with the RTC; respondent Judge herein granted the petition.

ISSUE:

Whether private respondent may be investigated and caused to be prosecuted by the Board

RULING:

Applying the rule in statutory construction known as ejusdem generis, that is - where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same kind or class as those specifically mentioned.

We are confronted with a situation wherein the PCGG acted in excess of its jurisdiction and, hence, may be enjoined from doing so, but the court that issued the injunction against the PCGG has not been vested by law with jurisdiction over it and, thus, the injunction issued was null and void.