SANDIGANBAYAN JURISDICTION

Republic Act 8249, which defines the the jurisdiction of Sandiganbayan, says the anti-graft court has
the exclusive jurisdiction over graft, forfeiture of illegally acquired wealth, direct bribery, indirect
bribery, qualified bribery, and corruption of public officials, including those classified as Grade 27 or
higher.

Sandiganbayan will also hear and try civil and criminal cases in connection with executive orders 1,
2, 14, and 14-A of 1986, as well as plunder, malversation, heinous crimes, and violations of the Code
of Conduct and Ethical Standards and the Anti-Money Laundering Law.

This law also provides the Sandiganbayan's jurisdiction over "Other offenses or felonies whether
simple or complexed with other crimes committed in relation to their office by the public officials
and employees mentioned above," such as De Lima's drug offense cases.

Sandoval explained, the question which will determine whether De Lima's case should be heard by
Sandiganbayan is: Could the offense have been committed if she was not secretary of justice?

"Ang Supreme Court (SC), nag-lax. Even if crimes which are not graft crimes, as long as they were
committed in their performance of duties of public officers, may jurisdiction ang Sandiganbayan,"
Sandoval said.

RTC JURISDICTION

On the other hand, Section 90 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of
2002 states that "The Supreme Court shall designate special courts from among the existing Regional
Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act."

Sandoval said Muntinlupa RTC Branch 204 Judge Juanita Guerrero's court was one of the courts
appointed by the SC as a special drugs court.

"To exclusively hear and try violations of this law, what I observed there is hindi specify we shall
have exclusive jurisdiction. Dun nagkaroon siguro ng puntos nina Senator De Lima -- na hindi
exclusive ang jurisdiction," Sandoval explained.

In the end, Sandoval said De Lima and the DOJ may raise the jurisdictional question before the
Supreme Court, which has the final say on which court should handle the senator's cases.

"The Supreme Court should resolve that," Sandoval said. "The Supreme Court may say the
jurisdiction is exclusive with Sandiganbayan, or the jurisdiction is exclusive with the drug court. Or
they have concurrent jurisdiction."

De Lima's lawyers are expected to question the senator's arrest before the Supreme Court.