Вы находитесь на странице: 1из 25

COURTS AND ITS JURISDICTION; JURISDICTION OF COURTS IN CRIMINAL CASES

Republic Act No. 7691 March 25, 1994

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL


TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS
PAMBANSA, BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF 1980"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1​. ​Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act
of 1980", is hereby amended to read as follows:

"Sec. 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original jurisdiction.

"(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

"(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where
the assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil
actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for
forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred
upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

"(3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One hundred
thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred
thousand pesos (P200,000.00);

"(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One
hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value
exceeds Two Hundred thousand pesos (P200,000.00);

"(5) In all actions involving the contract of marriage and marital relations;

"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising
jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;

"(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile
and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and

"(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees,
litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand
pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of the
abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)."

Section 2.​ ​Section 32​ of the same law is hereby amended to read as follows:

"Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in
Criminal Cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts
and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts shall exercise:

"(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their
respective territorial jurisdiction; and

"(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including
the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or
amount thereof: Provided, however, That in offenses involving damage to property through criminal
negligence, they shall have exclusive original jurisdiction thereof."
Section 3​. ​Section 33​ of the same law is hereby amended to read as follows:

"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in
Civil Cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall
exercise:

"(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including
the grant of provisional remedies in proper cases, where the value of the personal property, estate, or
amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila
where such personal property, estate, or amount of the demand does not exceed Two hundred thousand
pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses,
and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees:
Provided, further, That where there are several claims or causes of actions between the same or different
parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all
the causes of action, irrespective of whether the causes of action arose out of the same or different
transactions;

"(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in
such cases, the defendant raises the questions of ownership in his pleadings and the question of
possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be
resolved only to determine the issue of possession; and

"(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or
any interest therein where the assessed value of the property or interest therein does not exceed Twenty
thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not
exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees,
litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value
of such property shall be determined by the assessed value of the adjacent lots."

Section 4.​ Section 34 of the same law is hereby amended to read as follows:

"Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. – Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear
and determine cadastral or land registration cases covering lots where there is no controversy or opposition,
or contested lots where the value of which does not exceed One hundred thousand pesos (P100,000.00),
such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if
there are more than one, or from the corresponding tax declaration of the real property. Their decisions in
these cases shall be appealable in the same manner as decisions of the Regional Trial Courts."

Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec.
19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to
Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be
adjusted further to Three hundred thousand pesos (P300,000.00): Provided, however, That in the case of
Metro Manila, the abovementioned jurisdictional amounts shall be adjusted after five (5) years from the
effectivity of this Act to Four hundred thousand pesos (P400,000.00).

Section 6​. All laws, decrees, and orders inconsistent with the provisions of this Act shall be considered
amended or modified accordingly.

Section 7​. The provisions of this Act shall apply to all civil cases that have not yet reached the pre-trial
stage. However, by agreement of all the parties, civil cases cognizable by municipal and metropolitan courts
by the provisions of this Act may be transferred from the Regional Trial Courts to the latter. The executive
judge of the appropriate Regional Trial Courts shall define the administrative procedure of transferring the
cases affected by the redefinition of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts.

Section 8. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two
(2) national newspapers of general circulation.
COURTS AND ITS JURISDICTION; JURISDICTION TO HOLD DEPARTURE ORDERS (Regular courts
v. Sandiganbayan)

RULE ON PRECAUTIONARY HOLD DEPARTURE ORDER

Section 1. Precautionary Hold Departure Order​. – is an order in writing issued by a court commanding
the Bureau of Immigration to prevent any attempt by a person suspected of a crime to depart from ·the
Philippines, which shall be issued ex-parte in cases involving crimes where the minimum of the penalty
prescribed by law is at least six (6) years and one (I) day or when the offender is a foreigner regardless of
the imposable penalty.

Section 2. Where filed​. – The application for a precautionary hold departure order may be filed by a
prosecutor with any regional trial court within whose territorial jurisdiction the alleged crime was committed:
Provided, that for compelling reasons, it can be filed with any regional trial court within the judicial region
where the crime was committed if the place of the commission of the crime is known; Provided, further, that
the regional trial courts in the City of Manila, Quezon City, Cebu City, Iloilo City, Davao City, and Cagayan
de Oro City shall also have the authority to act on applications filed by the prosecutor based on complaints
instituted by the National Bureau of Investigation, regardless where the alleged crime was committed.

Section 3. Finding of probable cause​. – Upon motion by the complainant in a criminal complaint filed
before the office of the city or provincial prosecutor, and upon a preliminary determination of probable cause
based on the complaint and attachments, the investigating prosecutor may file an application in the name of
the People of the Philippines for a precautionary hold order (PHDO) with the proper regional trial court. The
application shall be accompanied by the complaint-affidavit and its attachments, personal details, passport
number and a photograph of the respondent, if available.

Section 4. Grounds for issuance​. – A precautionary hold departure order shall not issue except upon
determination by the judge, in whose court the application is filed, that probable cause exists, and there is a
high probability that respondent will depart from the Philippines to evade arrest and prosecution of crime
against him or her. The judge shall personally examine under oath or affirmation, in the form of searching
questions and answers in writing, the applicant and the witnesses he or she may produce on facts
personally known to them and attaching to the record their sworn statements.

If the judge finds that probable cause exists and there is a high probability that the respondent will depart, he
or she shall issue the PHDO and direct the Bureau of Immigration to hold and prevent the departure of the
respondent at any Philippine airport or ports. Otherwise, the judge shall order the dismissal of the
application.

Section 5. Preliminary finding of probable cause​. – Since the finding of probable cause by the judge is
solely based on the complaint and is specifically issued for the purpose of issuing the PHDO, the same shall
be without prejudice to the resolution o f the prosecutor of the criminal complaint considering the
complaint-affidavit, counter-affidavit, reply- affidavit, and the evidence presented by both parties during the
preliminary investigation. If the prosecutor after preliminary investigation dismisses the criminal complaint for
lack of probable cause then the respondent may use the dismissal as a ground for the lifting of the PHDO
with the regional trial court that issued the order. If the prosecutor finds probable cause and files the criminal
information, the case with the court that issued the PHDO, on motion of the prosecutor shall be consolidated
with the court where the criminal information is filed.

Section 6. Form and validity of the precautionary hold departure order​. – The precautionary hold
departure order shall indicate the name of the respondent, his or her alleged crime, the time and place of its
commission, and the name of the complainant. (See Annex “A” herein). A copy of the application, personal
details, passport number, photograph of the respondent, if available, shall be appended to the order. The
order shall be valid until lifted by the issuing court as may be warranted by the result of the preliminary
investigation.
The court shall furnish the Bureau of Immigration with a duly certified copy of the hold departure order within
twenty-four (24) hours from issuance.

Section 7. Lifting of the Order​. – The respondent may file a verified motion before the issuing court for the
temporary lifting of PHDO on meritorious ground; that, based on the complaint-affidavit and the evidence
that he or she will present, there is doubt that probable cause exists to issue the PHDO or it is shown that he
or she is not a flight risk: Provided, that the respondent posts a bond; Provided, further, that the lifting of the
PHDO is without prejudice to the resolution of the preliminary investigation against the respondent.

Section 8. Bond​. – Respondent may ask the issuing court to allow him or her to leave the country upon
posting of a bond in an amount to be determined by the court subject to the conditions set forth in the Order
granting the temporary lifting of the PHDO.

Section 9. Effectivity​. – This Rule shall take effect within fifteen (15) days following its publication in two (2)
newspapers of general circulation in the Philippines.

JURISDICTION OF THE SANDIGANBAYAN

SECTION 4, ARTICLE XI OF THE CONSTITUTION

Section 4​. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise
its jurisdiction as now or hereafter may be provided by law.

PRESIDENTIAL DECREE No. 1486

CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER


PURPOSES

WHEREAS, the New Constitution declares that a public office is a public trust and ordains that public
officers and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency
and shall remain at all times accountable to the people;

WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section
5, Article XIII of the New Constitution provides for the creation of a special court to be known as
Sandiganbayan;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in
me vested by the Constitution and pursuant to Proclamation No. 1081, dated September 21, 1972, do
hereby order and decree as follows:

Section 1. ​Sandiganbayan; Composition; Qualifications; tenure; removal and compensation. A special court,
possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan is hereby
created composed of a Presiding Judge and eight (8) Associate Judges who shall be appointed by the
President and shall be subject to the same inhibitions and/or disqualifications as judges of courts of first
instance.

No person shall be appointed Presiding Judge or Associate Judge of the Sandiganbayan, unless he is a
natural-born citizen of the Philippines, at least 40 years of age and for at least ten (10) years or more had
been a judge of a court of record or been engaged in the practice of law in the Philippines or has held office
requiring admission to the bar as a prerequisite for a like period.

The Presiding Judge shall be so designated in his commission and the other judges shall have precedence
according to the dates of their respective commissions, or when the commissions of two (2) or more of them
shall hear the same date, according to the order in which their commissions have been issued by the
President.

The Presiding Judge and the Associate Judges shall not be removed from office except on impeachment
upon the grounds and in the manner provided for in Sections 2 and 3 of Article III of the 1973 Constitution.

The Presiding Judge shall receive an annual compensation of P60,000.00 and each Associate Judge
P50,000.00 which shall not be diminished during their continuance in office.
They shall hold office until they reach the age of 65 years or become incapacitated to discharge the duties of
their office.

Section 2. ​Official Station; Place of Holding Sessions. The Sandiganbayan shall have its principal office in
the Metro Manila Area; Provided, however, that the Presiding Judge may authorize any division or divisions
of the court to hold sessions at any time and place outside Metro Manila to hear and decide cases
emanating from any of the existing judicial districts.

Whenever necessary, the Sandiganbayan may require the services of the personnel and the use of the
facilities of any agency of the Government, national or local, including the courts of first instance of the
province where any of the divisions is holding session and those personnel of such agencies or courts shall
be subject to the order of the Sandiganbayan.

Section 3. ​Quorum. Five judges shall constitute a quorum for sessions en banc, and two judges for
sessions in division; Provided, that when a quorum and/or the majority required for a decision of the
Sandiganbayan either en banc or in division, or the trial or hearing of cases cannot be had due to the legal
disqualification or temporary disability of a judge or of a vacancy occurring therein, the President shall, upon
recommendation of the Presiding Judge, designate any judge of the court of first instance or of the circuit
criminal court of the judicial district concerned to sit temporarily therein.

The Sandiganbayan shall, as a body, sit en banc but it may sit in three (3) divisions of three (3) judges each.
The three (3) divisions may sit at the same time.

If the Presiding Judge is present in any session of the court, whether en banc or in division, he shall preside.
In his absence the Associate Judge attending who is first in precedence shall preside.

Section 4. ​Jurisdiction. Except as herein provided, the Sandiganbayan shall have original and exclusive
jurisdiction to try and decide:

(a) Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt
Practices Act and Republic Act No. 1379;

(b) Crimes committed by public officers or employees, including those employed in government- owned or
controlled corporations, embraced in Title VII of the Revised Penal Code;

(c) Other crimes or offenses committed by public officers or employees including those employed in
government-owned or controlled corporations in relation to their office; Provided, that, in case private
individuals are accused as principals, accomplices or accessories in the commission of the crimes
hereinabove mentioned, they shall be tried jointly with the public officers or employees concerned.

Where the accused is charged of an offense in relation to his office and the evidence is insufficient to
establish the offense so charged, he may nevertheless be convicted and sentenced for the offense included
in that which is charged.

(d) Civil suits brought in connection with the aforementioned crimes for restitution or reparation of damages,
recovery of the instruments and effects of the crimes, or forfeiture proceedings provided for under Republic
Act No. 1379;

(e) Civil actions brought under Articles 32 and 34 of the Civil Code.

Exception from the foregoing provisions during the period of material law are criminal cases against officers
and members of the Armed Forces of the Philippines, and all others who fall under the exclusive jurisdiction
of the military tribunals.

Section 5. ​Proceedings against constitutional officers; votes required. All cases involving constitutional
officers shall be heard and decided by the Sandiganbayan en banc; Provided, that when a non-constitutional
officer or employee or private individual is charged or sued jointly with a constitutional officer under Section
4 hereof, they shall all be tried jointly by the Sandiganbayan en banc. All other cases may be tried and
decided by a division.
The affirmative vote of five (5) judges is necessary for a decision of the Sandiganbayan en banc. The
affirmative vote of two judges in a division shall be necessary for the promulgation of a judgment.

Section 6. ​Maximum period for termination of cases. As far as practicable, the trial of cases before the
Sandiganbayan en banc or in division once commenced shall be continuous until terminated and the
judgment en banc or in division shall be rendered within three (3) months from the date the case was
submitted for decision.

Section 7. ​Form, finality and enforcement of decisions; petitions for reconsideration. Decisions and final
orders of the Sandiganbayan shall contain complete findings of fact on all issues properly raised before it.
Decisions and final orders en banc shall be subject to review by the Supreme Court in accordance with Rule
45 of the Rules of Court; and those of a division shall be appealable under Rule 42 thereof. The Supreme
Court shall hear and decide any case on appeal promptly and without the necessity of placing it upon the
regular calendar. Whenever, in any case decided by the Sandiganbayan en banc or by a division thereof,
the death penalty of life imprisonment shall have been imposed, the records shall be forwarded to the
Supreme Court whether the accused shall have appealed or not, for review and judgment, as law and justice
shall dictate.

Any party may file a petition for reconsideration of any order or decision of the Sandiganbayan en banc or in
division within fifteen (15) days from receipt of a certified copy of such order or decision and such petition for
reconsideration shall be decided by the Sandiganbayan en banc or in division, as the case may be, within
thirty (30) days from submission thereof.

Final judgments and orders of the Sandiganbayan en banc or in division shall be executed and enforced in
the manner provided for in the Rules of Court.

Section 8. ​Transfer of cases. All cases cognizable by the Sandiganbayan as herein provided, the trial of
which had not yet commenced in the trial courts as of the date of its organization shall be transferred to the
Sandiganbayan, except those cases filed in the military tribunals and those cases against military personnel
which shall remain in the military tribunals.

Section 9. ​Authority over internal affairs. The Sandiganbayan shall administer its own internal affairs and
may adopt such rules governing the constitution of its divisions, the allocation of cases among them, the
rotation of judges and other matters relating to its business.

Section 10. ​Proceedings free of charge; premature publicity prohibited. All proceedings in the
Sandiganbayan en banc or in division shall be conducted at no cost to the complainant and/or his witnesses.

No criminal complaint shall be given due course by the Sandiganbayan except upon a certification by the
Chief Special Prosecutor of the existence of probable cause to be determined after a preliminary
investigation conducted in accordance with existing laws. No publicity shall be allowed during the pendency
of such preliminary investigation and the name of the complainant and the accused shall not be made public
until after an information is field with the Sandiganbayan.

Section 11. ​Administrative Personnel. Upon recommendation of the Sandiganbayan, the Supreme Court
may designate, from among the officers and employees under it, or appoint the personnel necessary for the
Sandiganbayan, including a Clerk of Court and three (3) Deputy Clerks of Court; Provided, however, that
those designated shall not receive additional compensation, except per diems, traveling and necessary
expenses in accordance with existing laws and rules.

The Clerk of Court shall have an annual compensation of P23,000.00, and the deputy clerks of court,
P18,000.00. The Clerk of Court and deputy clerks of court shall at least be members of the bar.

All subordinate employees of the Sandiganbayan shall be governed by the provisions of the Civil Service
Law; Provided, that the Sandiganbayan may, by resolution en banc, remove any of them for cause.

Section 12. ​Office of the Chief Special Prosecutor. The provisions of any law or rule to the contrary
notwithstanding, the direction and control of the prosecution of cases mentioned in Section 4 hereof, shall be
exercised by a Chief Special Prosecutor who shall be assisted by one (1) Assistant Chief Special Prosecutor
and nine (9) Special Prosecutors who shall be appointed by the President. The Chief Special Prosecutor
shall have annual compensation of P30,000.00, the Assistant Chief Special Prosecutor of P28,000.00 and
the Special Prosecutors of P24,000.00 which shall not be diminished during their continuance in office.

The Chief Special Prosecutor, the Assistant Chief and the Special Prosecutors shall have exclusive authority
to conduct preliminary investigations of all complaints filed with the Sandiganbayan, to file information and
conduct the prosecution of all cases; Provided, that the Secretary of Justice may designate any lawyer in the
government service as special prosecutor or special counsel to assist the Chief Special Prosecutor in
conducting preliminary investigations and prosecuting cases before the Sandiganbayan.

The Chief Special Prosecutor, Assistant Chief Special Prosecutor and Special Prosecutors mentioned in the
preceding paragraph shall have the authority to administer oaths, to issue subpoena and subpoena duces
tecum, summon and compel witnesses to appear and testify under oath before them and to bring books,
documents or other things under their control and to secure the attendance or presence of any absent or
recalcitrant witness through application before the Sandiganbayan en banc or in division or before any
inferior or superior court having jurisdiction of the place where the witness or evidence may be found.

The Chief Special Prosecutor and his assistants shall be under the control of the Secretary of Justice.

Section 13. ​Office of Special Investigators. To assist the Chief Special Prosecutor in the performance of his
duties, the Secretary of Justice may, upon the recommendation of the Chief Special Prosecutor, appoint
such number of Special Investigators and subordinate personnel as may be deemed necessary therefor
and/or detail to the Office of the Chief Special Prosecutor any officer or employee of the Department of
Justice or any Bureau or Office under the executive supervision thereof; Provided, that those designated
shall not receive additional compensation except per diems, traveling and necessary expenses in
accordance with existing law and rules. The Office of Special Investigators shall be under the Chief Special
Prosecutor. The appointment of Special Investigators and subordinate personnel therein shall be subject to
Civil Service Law and Rules.

"The Sandiganbayan may, upon proper, request of the Chief Special Prosecutor, require the assistance and
services of any Department, Agency, or Bureau of the government.

Section 14. ​Report to the President. The Sandiganbayan shall submit an annual report to the President
including all disbursements of funds entrusted to it within two months from the end of the Fiscal Year.

Section 15. ​Funding. There is hereby immediately appropriated out of any funds in the National Treasury
not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Decree and
thereafter to be included in the general appropriation act. The appropriations for the Sandiganbayan shall be
automatically released in accordance with a schedule submitted by the Sandiganbayan.

Section 16. ​Repealing Clause. Any provision of law, order, rule or regulation inconsistent with the provisions
of this Decree is hereby repealed or modified accordingly.

Section 17.​ ​Effectivity.​ This Decree shall be part of the laws of the land and shall take effect immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.

PRESIDENTIAL DECREE No. 1606 December 10, 1978

REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN AS


"SANDIGANBAYAN" AND FOR OTHER PURPOSES

WHEREAS, the new Constitution declares that a public office is a public trust and ordains that public officers
and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall
remain at all times accountable to the people;

WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section
5, Article XIII of the New Constitution provides for the creation of a special court to be known as
Sandiganbayan;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in
me vested by the Constitution, do hereby order and decree as follows:

Section 1. ​Sandiganbayan; composition; qualifications; tenure; removal and composition. A special court, of
the same level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be
known as the Sandiganbayan is hereby created composed of a Presiding Justice and eight Associate
Justices who shall be appointed by the President.

No person shall be appointed Presiding Justice or Associate Justice of the Sandiganbayan; unless he is a
natural-born citizen of the Philippines, at least 40 years of age and for at least ten years has been a judge of
a court of record or been engaged in the practice of law in the Philippines or has held office requiring
admission to the bar as a pre-requisite for a like period.

The Presiding Justice shall be so designated in his commission and the other Justices shall have
precedence according to the dates of their respective commissions, or, when the commissions of two or
more of them shall bear the same date, according to the order in which their commissions have been issued
by the President.

The Presiding Justice and the Associate Justices shall not be removed from office except on impeachment
upon the grounds and in the manner provided for in Sections 2, 3 and 4 of Article XIII of the 1973
Constitution.

The Presiding Justice shall receive an annual compensation of P60,000.00 and each Associate Justice
P55,000.00 which shall not be diminished during their continuance in office. They shall have the same rank,
privileges and other emoluments, be subject to the same inhibitions and disqualifications, and enjoy the
same retirement and other benefits as those provided for under existing laws of the Presiding Justice and
Associate Justices of the Court of Appeals.

Whenever the salaries of the Presiding Justice and the Associate Justices of the Court of Appeals are
increased, such increases in salaries shall be correspondingly extended to and enjoyed by the Presiding
Justice and the Associate Justices of the Sandiganbayan.

They shall hold office until they reach the age of 65 years or become incapacitated to discharge the duties of
their office.

Section 2. ​Official Station; Place of Holding Sessions. The Sandiganbayan shall have its principal office in
the Metro Manila area and shall hold sessions thereat for the trial and determination of all cases filed with it
irrespective of the place where they may have arisen; Provided, however, that the Presiding Justice may
authorize any division or divisions of court to hold sessions at any time and place outside Metro Manila to
hear and decide cases emanating from any of the existing judicial districts. Whenever necessary, the
Sandiganbayan may require the services of the personnel and the use of the facilities of any agency of the
Government, national or local, including the courts of first instance of the province where any of the divisions
is holding session, and those personnel of such agencies or courts shall be subject to the orders of the
Sandiganbayan.

Section 3. ​Divisions of the Courts; Quorum. The Sandiganbayan shall sit in three divisions of three Justices
each. The three divisions may sit at the same time.

Three Justices shall constitute a quorum for session in division; Provided, that when the required quorum
cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring
therein, the President shall, upon recommendation of the Presiding Justice, designate any Justice of the
Court of Appeals or Judge of the Court of First Instance or of the Circuit Criminal Court of the judicial district
concerned to sit temporarily therein.

Section 4.​ ​Jurisdiction.​ The Sandiganbayan shall have jurisdiction over:

A. Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft and Corrupt
Practices Act, and Republic Act No. 1379;
B. Crimes committed by public officers and employees including those employed in
government-owned or controlled corporations, embraced in Title VII of the Revised Penal Code,
whether simple or complexed with other crimes; and
C. Other crimes or offenses committed by public officers or employees, including those employed in
government-owned or controlled corporations, in relation to their office.

The jurisdiction herein conferred shall be original and exclusive if the offense charged is punishable by a
penalty higher than prision correccional, or its equivalent, except as herein provided; in other offenses, it
shall be concurrent with the regular courts.

In case private individuals are charged as co-principals, accomplices or accessories with the public officers
or employees including those employed in government-owned or controlled corporations, they shall be tried
jointly with said public officers and employees.

Where an accused is tried for any of the above offenses and the evidence is insufficient to establish the
offense charged, he may nevertheless be convicted and sentenced for the offense proved, included in that
which is charged.

Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times
be simultaneously instituted with, and jointly determined in the same proceeding by, the Sandiganbayan, the
filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right
to reserve the filing of such action shall be recognized; Provided, however, that, in cases within the exclusive
jurisdiction of the Sandiganbayan, where the civil action had therefore been filed separately with a regular
court but judgment therein has not yet been rendered and the criminal case is hereafter filed with the
Sandiganbayan, said civil action shall be transferred to the Sandiganbayan for consolidation and joint
determination with the criminal action, otherwise, the criminal action may no longer be filed with the
Sandiganbayan, its exclusive jurisdiction over the same notwithstanding, but may be filed and prosecuted
only in the regular courts of competent jurisdiction; Provided, further, that, in cases within the concurrent
jurisdiction of the Sandiganbayan and the regular courts, where either the criminal or civil action is first filed
with the regular courts, the corresponding civil or criminal action, as the case may be, shall only be filed with
the regular courts of competent jurisdiction.

Excepted from the foregoing provisions, during martial law, are criminal cases against officers and members
of the armed forces in the active service.

Section 5. ​Proceedings, how conducted; votes required. ​The unanimous vote of the three justices in a
division shall be necessary for the pronouncement of a judgment. In the event that the three justices do not
reach a unanimous vote, the Presiding Judge shall designate two other justices from among the members of
the Court to sit temporarily with them, forming a division of five justices, and the concurrence of a majority of
such division shall be necessary for rendering judgment.

Section 6. ​Maximum period for termination of cases. As far as practicable, the trial of cases before the
Sandiganbayan once commenced shall be continuos until terminated and the judgment shall be rendered
within three (3) months from the date the case was submitted for decision.

Section 7. ​Form, finality and enforcement of decisions. Decisions and final orders of the Sandiganbayan
shall contain complete findings of facts on all issues properly raised before it.

A petition for reconsideration of any final order or decision maybe filed within (15) days from promulgation or
notice of the final order or judgment, and such petition for reconsideration shall be decided within thirty (30)
days from submission thereon.

Decisions and final orders shall be subject to review on certiorari by the Supreme Court in accordance with
Rule 45 of the Rules of Court. The Supreme Court shall decide any case on appeal promptly and without the
necessity of placing it upon the regular calendar. Whenever, in any case decided, the death penalty shall
have been imposed, the records shall be forwarded to the Supreme Court, whether the accused shall have
appealed or not, for review and judgment, as law and justice shall dictate.
Final judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided
by law.

Section 8. ​Transfer of cases. As of the date of the effectivity of this decree, any case cognizable by the
Sandiganbayan within its exclusive jurisdiction where none of the accused has been arraigned shall be
transferred to the Sandiganbayan.

Section 9. ​Rule-making Power. The Sandiganbayan shall have the power to promulgate its own rules of
procedure and, pending such promulgation, the Rules of Court shall govern its proceedings.

Section 10. ​Authority over internal affairs. The Sandiganbayan shall administer its own internal affairs and
may adopt such rules governing the constitution of its divisions, the allocation of cases among them, the
rotation of justices and other matters relating to its business.

Section 11. ​Proceeding free of charge. All proceedings in the Sandiganbayan shall be conducted at no cost
to the complainant and/or his witnesses.

No criminal information or complaint shall be entertained by the Sandiganbayan except upon a certification
by the Investigating Prosecutor of the existence of a prima facie case to be determined after a preliminary
investigation conducted in accordance with applicable laws and approved by the Chief Special Prosecutor.

Section 12. ​Administrative personnel. The Sandiganbayan shall reelect and appoint such personnel as it
may deem necessary to discharge its functions under this Decree including a Clerk of Court and three (3)
Deputy Clerks of Court who shall be members of the Bar.

The Clerk of Court shall have an annual compensation of P36,000.00 and the Deputy Clerks of Court,
P30,000.00.

All other subordinate employees of the Sandiganbayan shall be governed by the provisions of the Civil
Service Law; Provided, that the Sandiganbayan may, by resolution en banc, remove any of them for cause.

Section 13. ​Report to the President. The Sandiganbayan shall submit an annual report to the President,
including all disbursements of funds entrusted to it, within two months from the end of the Fiscal Year.

Section 14. ​Funding. There is hereby immediately appropriated the sum of Five Million Pesos (P5,000.00)
out of any funds in the National Treasury to carry out the provisions of this Decree and thereafter to be
included in the general appropriations act. The appropriations for the Sandiganbayan shall be automatically
released in accordance with a schedule submitted by the Sandiganbayan.

Section 15. ​Separability of Provisions. If for any reason, any section or provision of this Decree is declared
to be unconstitutional or invalid, other sections or provisions thereof which are not affected thereby, shall
continue in full force and effect.

Section 16. ​Repealing Clause. This Decree hereby repeals Presidential Decree No. 1486 and all other
provisions of law, General Orders, Presidential Decrees, Letters of Instructions, rules or regulations
inconsistent herewith.

Section 17.​ ​Effectivity.​ This Decree shall take effect immediately.

Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and
seventy-eight.

RULES OF THE SANDIGANBAYAN

Pursuant to the provisions of Section 5 of Article XIII of the Constitution of the Philippines, as implemented
by Presidential Decree No. 1606, the Sandiganbayan hereby adopts and promulgates the following rules to
govern the conduct of its business.

RULE I
TITLE AND CONSTRUCTION

Section 1.​ ​Title of the Rules.​ These Rules shall be known and cited as the Rules of the Sandiganbayan.

Section 2. ​Construction. These Rules shall be liberally construed in order to promote their objectives and to
achieve a just, expeditious and inexpensive determination of every action and proceeding before the
Sandiganbayan.

RULE II

CONTROL OF FUNCTIONS AND SUCCESSION

Section 1. ​Exclusive Control. Except as otherwise provided by the Constitution and Presidential Decree No.
1606, the Sandiganbayan shall have exclusive control, direction and supervision of all matters pertaining to
its internal affairs and the operation of its business.

Section 2. ​Succession in the Office of the Presiding Justice. In case of vacancy in the position of Presiding
Justice of the Sandiganbayan or his temporary incapacity to exercise the powers and perform the duties of
his office, the same shall devolve upon the qualified most senior Associate Justices until such incapacity is
removed or another Presiding Justice is appointed and has duly qualified.

RULE III

COMPOSITION OF DIVISIONS

Section 1. ​How Divisions Constituted. The Sandiganbayan shall consist of three divisions which shall be
known as the First Division, Second Division, and Third Division, and shall each be composed of Presiding
Justice and the first two Associate Justices in the order of precedence as the respective Chairmen; the next
three Associate Justices in the order of precedence as the respective senior members; and the last three
Associate Justices in the order of precedence as the respective junior members. However, until the entire
complement of the Sandiganbayan shall have been appointed and qualified, the Presiding justice and the
two Associate Justices first appointed and qualified shall constitute the First Division.

Section 2. ​Vacancy; How Filled. In case of any vacancy in the composition of a division, whether permanent
or temporary, the Presiding Justice may designate an Associate Justice of the Court, to be determined by
strict rotation on the basis of the reverse order of precedence, to sit as a special member of said division
with all the rights and prerogatives of a regular member of said division in the trial and determination of
cases assigned thereto, unless the operation of the other divisions of the Court will be prejudiced thereby, in
which case, the procedure provided in Section 3, Rule VIII of these Rules shall apply.

RULE IV

FILING OF CASES

Section 1. ​Proceedings Free of Charge. All proceedings in the Sandiganbayan be conducted at no cost to
the complainant and/or his witnesses.

Section 2. ​Preliminary Investigation Necessary. No criminal information or complaint shall be entertained by


the Sandiganbayan except upon a certification by the investigating Prosecutor of the existence of a prima
facie case to be determined after a preliminary investigation conducted in accordance with applicable laws
and approved by the Chief Special Prosecutor.

Section 3. ​Where Cases Filed. All cases to be filed with the Sandiganbayan shall be filed with the Office of
the Clerk of Court of the Sandiganbayan which shall be open for the purpose of receiving complaints,
information, motions and the like from eight to twelve o'clock in the morning and twelve thirty to four-thirty
o'clock in the afternoon, on Mondays to Fridays, except on public or special holidays.

RULE V
DISTRIBUTION AND CONSOLIDATION OF CASES

Section 1. ​Distribution of Cases. All cases filed with the Sandiganbayan shall be allotted among the three
divisions for hearing and decision by raffle to be conducted by a Raffle Committee composed of the
Presiding Justice and the two most senior Associate Justices available, on such days as may hereafter be
fixed by the Presiding Justice depending upon the need for such raffle to be made in view of the number of
cases filed, with notice to the interested parties who may, if they so desire, be present therein by themselves
or through counsel.

Section 2. ​Consolidation of Cases. Cases arising from the same incident on series of incidents, or involving
common questions of fact and law, may, in the discretion of Sandiganbayan, be consolidated in only one
division. Should the propriety of such consolidation appear upon the filing of the cases concerned and
before they are raffled, all such cases shall be considered as one case for purposes of the raffle; but, should
the propriety of such consolidation may be affected upon motion of an interested party filed with the division
taking cognizance of the case to be consolidated and, if granted, consolidation shall be made in the division
before which the case with the lowest number is pending. In either case, the division in which consolidation
is effected shall be entitled to be credited in the distribution of cases with the same number of cases
transferred to it to the end that all divisions shall, as much as possible, receive more or less the same
number of cases filed with the Sandiganbayan.

Section 3. ​Assignment of Cases Permanent. Cases assigned to a division of the Sandiganbayan in


accordance with these Rules shall remain with said division notwithstanding changes in the composition
thereof and all matters raised therein shall be deemed to be submitted for consideration and adjudication by
any and all of the Justices who are members of the division aforesaid at the time said matters are taken up,
irrespective of whether they were or were not members of the division at the time the case was first
assigned thereto: Provided, however, That only Justices who are members of the division at the time a case
is submitted for decision shall take part in the consideration and adjudication of said case, unless any such
member thereafter ceases to be a member of the Sandiganbayan for any reason whatsoever in which case
any Justice chosen to fill the vacancy in accordance with the manner provided in Section 2, Rule III, of these
Rules shall participate in the consideration and adjudication of said case; Provided, lastly, that the
Sandiganbayan en banc may, for special or compelling reasons, transfer cases from one division thereof to
another.

RULE VI

PROCESSES

Processes and writs of the Sandiganbayan which by their nature or by provision of existing laws or the Rules
of Court are to be issued under the signature of a Judge or a Justice shall be signed by the Chairman of the
division concerned: Provided, That if there is an urgent necessity for the issuance thereof before the case is
raffled to a division, the same shall be signed by the Presiding Justice. In the absence of the Presiding
Justice or the Chairman aforesaid, the process or writ shall be signed by the senior Associate Justice in the
Sandiganbayan or in the divisions concerned, respectively. All other processes or writs issued upon
authority of the Sandiganbayan or a division thereof shall be signed by the Clerk of Court or, in his absence,
by the Deputy Clerk of Court of the division concerned.

RULE VII

BAIL

Section 1. ​How Amount Fixed; Approval. The amount of bail to be posted in cases in the Sandiganbayan
shall be fixed by the Chairman of the division thereof to which they are assigned; and such bail may be
approved by any Justice of the Sandiganbayan, but preferably by a Justice of the division concerned:
Provided, however, That where the accused is arrested, detained or otherwise placed in custody outside the
Metropolitan Manila area, any judge of the Court of First Instance or Circuit Criminal Court may accept and
approve the bail for his appearance before the division to which his case is assigned and release him, and
shall inform the division issuing the order of arrest of his action, forwarding thereto the papers in this case.

Section 2. ​Condition of the Bail. The condition of the bail is that the accused shall appear and answer the
complaint or information in the division of the Sandiganbayan to which it is assigned or transferred for trial
and submit himself to the orders and processes thereof and, after conviction, if the case is appealed to the
Supreme Court, that he will surrender himself for the execution of such judgment as the Supreme Court may
render; or, that, in case the cause is to be tried anew or remanded for a new trial, he will appear in the
division to which it may be remanded and submit himself to the orders and processes thereof.

RULE VIII

SESSIONS AND TRIAL

Section 1. ​How Sessions Held. The Sandiganbayan shall for administrative purposes, sit en banc; and, for
the trial and determination of cases, sit in three divisions of three Justices each. The three divisions may sit
at the same time.

Section 2. ​Presiding Officer. Sessions of the Sandiganbayan en banc shall be presided by the Presiding
Justice; whereas sessions in division shall be presided by the respective Chairman of each division. In the
absence of the Presiding Justice or the Chairman of a division, as the case may be, the Associate Justice
attending the session en banc or in division who is first in the order of precedence and able to preside, shall
do so.

Section 3. ​Quorum. Five Justices shall constitute a quorum for sessions en banc, and three Justices for
sessions in division: Provided, That when a quorum and/or the votes required for a resolution or decision of
the Sandiganbayan, either en banc or in division, or the trial or hearing of cases cannot be had due to the
legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the President
shall, upon recommendation of the Presiding Justice, designate any Justice of the Court of Appeals, Judge
of the Court of First Instance or of the Circuit Criminal Court to sit temporarily therein.

Section 4. ​Place of Holding Sessions. Sessions of the Sandiganbayan, whether en banc or in division, shall
be held in the place of its principal office in the Metropolitan Manila area where it shall try and determine all
cases filed with it irrespective of the place where they may have arisen: Provided, however, That the
Presiding Justice may authorize any division or divisions of the Court to hold sessions at any time and place
outside Metropolitan Manila to hear and decide cases emanating therefrom. For this purpose and whenever
necessary, the Sandiganbayan may require the services of the personnel and the use of the facilities of any
agency of the Government, national or local, including the Courts of First Instance or Circuit Criminal Court
of the province or city where any of the divisions is holding session, and those personnel of such agencies
or courts shall be subject to the orders of the Sandiganbayan.

Section 5. ​Time of Holding Sessions. Sessions of the Sandiganbayan en banc may be called at any time by
the Presiding Justice or at the instance at least five Associate Justices. Sessions for the trial of cases
cognizable by it shall be held on such days and at such times as the divisions thereof may, by order and
upon notice to the parties concerned, fix.

Section 6. ​Pre-trial Inquest. After the arraignment of an accused who pleads not guilty, the division
concerned shall, without prejudice to the invocation by the accused of his constitutional rights, direct the
prosecutor and the accused and his counsel to appear before any of the Justices thereof for a conference to
consider;

A. Admissions of facts about which there can be no dispute;


B. Marking for identification of documentary or real evidence of the parties;
C. Waiver of objections to admissibility of evidence;
D. Procedure on objections where there are multiple counsel;
E. Order of presentation of evidence and arguments where there are multiple accused;
F. Order of cross-examination where there are multiple accused; and
G. Such other matter as will promote a fair and expeditious termination of the trial.

After the pre-trial inquest, a pre-trial order shall be issued by the Associate Justice presiding the conference
reciting the actions and/or proceedings taken thereat, the admissions of facts made, the documents and real
evidence marked, and the agreement entered into by the parties as to any of the matters taken up therein.
Such order shall limit the issues for trial to those not disposed of by the admissions or agreements of the
parties and when entered shall blind the parties and control the course of the action during the trial, on
appeal, and in post-conviction proceedings, unless modified by the division concerned before trial to prevent
manifest injustice.

RULE IX

MOTIONS

Section 1. ​Motion Day. The first hours of the morning session of the divisions every Friday shall be devoted
to the hearing of motions, unless, upon motion of an interested party and for special reasons, the division
concerned shall fix another day for the hearing of any particular motion.

Section 2. ​Resolution on Interlocutory or Incidental Motions. Rulings on all written motions submitted to the
Sandiganbayan or any division thereof for resolution shall be reached in consultation among the Justices
participating in the consideration thereof: Provided, however, That rulings on oral motions or on objections
made in the course of the trial or hearing shall be handed down by the Chairman of the division concerned.

RULE X

JUDGMENT

Section 1. ​Votes Necessary to Decide. The unanimous vote of three Justices in a division shall be
necessary for the rendition of a judgment or order. In the event that the three Justices do not reach a
unanimous vote, the Presiding Justice shall designated by raffle two Justices from among the other
members of the Sandiganbayan to sit temporarily with them forming a special division of five Justices, and
the vote of a majority of such special division shall be necessary for the rendition of a judgment or order.

Section 2. ​Procedure in Deciding Cases. The conclusions of a division of the Sandiganbayan in any case
submitted to it for decision shall be reached in consultation before the case is assigned to a Justice for the
writing of the opinion of the division. Any Justice dissenting from a judgment shall state the reasons for his
dissent.

Section 3. ​Maximum Period to Decide Cases. The judgment or final order of a division of the
Sandiganbayan shall be rendered within three (3) months from the date the case was submitted for decision.

Section 4. Form of judgment and final order of a division of the Sandiganbayan shall contain complete
findings of fact and a statement of the law on all issues properly raised before it.

RULE XI

PROMULGATION OF JUDGMENT

A judgment of a division of the Sandiganbayan shall be promulgated by reading the judgment or sentence in
the presence of the accused and any Justice of the division which rendered the same: Provided, That, if the
accused is confined or detained in a place outside Metropolitan Manila or of the city or province in which any
division of the Sandiganbayan is sitting at the time of such promulgation, the judgment may, upon delegation
by the division concerned be promulgated by any judge of the Court of First Instance or Circuit Criminal
Court having jurisdiction over the place of confinement or detention, in which event the Court so
promulgating the judgment shall have authority to accept and approve the appeal bond.

RULE XII

PETITION FOR RECONSIDERATION

Within fifteen (15) days from the promulgation or notice of a judgment or final order of a division of the
Sandiganbayan, unless said judgment or order had in the meantime otherwise attained finality, a petition for
the reconsideration thereof may be filed upon the grounds, in the form and subject to the requirements, for
motions for new trial in criminal cases under Rule 121 of the Rules of Court, and such petition for
reconsideration shall be decided within thirty (30 days from submission thereof.
RULE XIII

REVIEW OF JUDGMENTS AND FINAL ORDERS

Section 1. ​Method of Review. A party may appeal from a judgment or final order of a division of the
Sandiganbayan by filing with the Supreme Court a petition for certiorari in accordance with Rule 45 of Rules
of Court and by serving a copy thereof to the Sandiganbayan.

Whenever, in any case decided, the death penalty shall have been imposed, the records shall be forwarded
to the Supreme Court, whether the accused shall have appealed or not, for review and judgment, as law and
justice shall dictate.

Section 2. ​Bail Pending Appeal. An accused who has been released on bail shall not committed to jail upon
conviction pending the expiration of the period for appeal or pending an appeal seasonably taken, except
when the penalty imposed is reclusion perpetua or death, in which case, the accused may forthwith be
committed to jail after promulgation of the sentence. The division of the Sandiganbayan concerned,
however, may, for good cause, cancel the bond or increase the amount of bail and commit the accused into
custody pending appeal, unless he gives bail in the increased amount. The surely shall also be responsible
for the surrender or the accused after judgment shall have become final.

RULE XIV

PUBLICATION OF DECISIONS

With the consent of the respective writers thereof, the decisions of the Sandiganbayan may be published in
the Official Gazette in the language in which they have been originally written. The syllabi for the decisions
shall be prepared by the Clerk of Court in consultation with writers thereof.

RULE XV

APPLICABILITY OF THE RULES OF COURT

Except as otherwise herein provided or as may hereafter be modified from time to time by the
Sandiganbayan and insofar as practicable, the Rules of Court shall govern proceedings in the
Sandiganbayan.

RULE XVI

SEAL OF THE SANDIGANBAYAN

The seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two concentric circles
as its margin, with the inscription, running from left to right, on the upper margin of the word
"Sandiganbayan" and on the lower margin of the words "Republika ng Pilipinas"; with 16 stars, representing
the existing 16 judicial districts, immediately along the outer edge of the inner circle; and with a design at the
center of a triangle, with a trisected area composed of the national colors of white on its upper part, blue on
the left and red on the right, with the words "KATAPATAN" on the right side, "KAPANAGUTAN" on the left
side, and "KARANGALAN" on the base; a star in each corner of the triangle representing Luzon, Visayas
and Mindanao; and a bolo inside the triangle on which is superimposed a balance.

RULE XVII

SEPARABILITY CLAUSE

If, for any reason, any section or provision of these Rules shall be held to be unconstitutional or invalid, no
other section or provision thereof shall be effected thereby.

RULE XVIII

EFFECTIVITY
The Rules shall take effect upon approval.

Done in the City of Manila, this 10th day of January, in the year of Our Lord, nineteen hundred and
seventy-nine.

Presidential Decree No. 1861, s. 1983


Signed on ​March 23, 1983

AMENDING THE PERTINENT PROVISIONS OF PRESIDENTIAL DECREE NO. 1606 AND BATAS
PAMBANSA BLG. 129 RELATIVE TO THE JURISDICTION OF THE SANDIGANBAYAN AND FOR OTHER
PURPOSES.

WHEREAS, Batas Pambansa Blg. 129 has simplified the rules on jurisdiction by, among others, abolishing
the concurrent jurisdiction of the Sandiganbayan and the regular courts;

WHEREAS, Batas Pambansa Blg. 129 expanded the exclusive original jurisdiction of the Sandiganbayan
over the offenses enumerated in Section 4 of Presidential Decree No. 1606, to embrace all such offenses
irrespective of the imposable penalty;

WHEREAS, there has been a proliferation and marked increase in the filing of cases before the
Sandiganbayan where the offense charged is punishable by a penalty not higher than prision correccional or
its equivalent; and

WHEREAS, to insure that the prosecution of offenses committed by public officers and employees, including
those employed in government-owned or controlled corporations, shall be as inexpensive and as
expeditious as possible, and in keeping with the constitutional mandate constituting the Sandiganbayan as a
special court to try cases involving graft and corruption, and other offenses committed by public officers and
employees in relation to their office, it is necessary and desirable that certain cases shall be triable by the
appropriate courts, with appellate jurisdiction over these cases to be vested in the Sandiganbayan;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree as follows:

SECTION 1.​ Section 4 of Presidential Decree No. 1606 is hereby amended to read as follows:

“SEC. 4. ​Jurisdiction.​ — The Sandiganbayan shall exercise:

“(a) Exclusive original jurisdiction in all cases involving:

1. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal
Code;
2. Other offenses or felonies committed by public officers and employees in relation to their office,
including those employed in government-owned or controlled corporations, whether simple or
complexed with other crimes, where the penalty prescribed by law is higher than prision
correccional or imprisonment for six (6) years, or a fine of P6,000.00: PROVIDED, HOWEVER, that
offenses or felonies mentioned in this paragraph where the penalty prescribed by law does not
exceed prision correccional or imprisonment for six (6) years or a fine of P6,000.00 shall be tried by
the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court and Municipal
Circuit Trial Court.

“(b) Exclusive appellate jurisdiction:

1. On appeal, from the final judgments, resolutions or orders of the Regional Trial Courts in cases
originally decided by them in their respective territorial jurisdiction.
2. By petition for review, from the final judgments, resolutions or orders of the Regional Trial Courts in
the exercise of their appellate jurisdiction over cases originally decided by the Metropolitan Trial
Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction.

“The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules and Supreme
Court has promulgated and may hereinafter promulgate, relative to appeals/petitions for review to the
Intermediate Appellate Court shall apply to appeals and petitions for review filed with the Sandiganbayan. In
all cases elevated to the Sandiganbayan, the Office of the Tanodbayan shall represent the People of the
Philippines.

“In case private individuals are charged as co-principals, accomplices or accessories with the public officers
or employees, including those employed in government-owned or controlled corporations, they shall be tried
jointly with said public officers and employees.

“Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times
be simultaneously instituted with, and jointly determined in the same proceeding by the Sandiganbayan or
the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of
the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall
be recognized: PROVIDED, HOWEVER, that where the civil action had heretofore been filed separately but
judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan
or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court,
as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate
civil action shall be considered abanDoned.”

SECTION 2​. All cases pending in the Sandiganbayan or in the appropriate courts as of the date of the
effectivity of this Decree shall remain with and be disposed of by the courts where they are pending.

SECTION 3​. The provisions of this Decree notwithstanding, the Office of the Tanodbayan shall continue to
have the exclusive authority to conduct preliminary investigation, file the necessary information, and direct
and control the prosecution of all cases enumerated in Section 4 of Presidential Decree No. 1606, whether
such cases be within the exclusive original/appellate jurisdiction of the Sandiganbayan or the appropriate
courts in accordance with the provisions of Presidential Decree No. 1630.

SECTION 4​. All other laws, orders, promulgations, rules and regulations or parts thereof, which are
inconsistent herewith are hereby amended, repealed or modified accordingly.

SECTION 5.​ This Decree shall take effect immediately.

Done in the City of Manila this 23rd day of March, in the year of Our Lord, nineteen hundred and
eighty-three.

REPUBLIC ACT No. 7975

AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE


SANDIGANBAYAN, AMENDING FOR THAT PURPOSE PRESIDENTIAL DECREE NO. 1606, AS
AMENDED

Section 1. Section 3 of Presidential Decree No. 1606, as amended by Executive Order No. 184, is hereby
further amended to read as follows:

"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in five (5) divisions of three justices
each. The five (5) may sit at the same time.
"The first three divisions shall be stationed in the Metro Manila area, the fourth division shall be in Cebu City
for cases coming from the Visayas region, and the fifth division shall be in Cagayan de Oro City for cases
coming from the Mindanao region.

"Three Justices shall constitute a quorum for sessions in divisions: Provided, That when the required
quorum for the particular division cannot be had due to the legal disqualification or temporary disability of a
Justice or of a vacancy occurring therein, the Presiding Justice may designate an Associate Justice of the
Court, to be determined by strict rotation on the basis of the reverse order of precedence, to sit as a special
member of said division with all the rights and prerogatives of a regular member of said division in the trial
and determination of a case or cases assigned thereto, unless the operation of the court will be prejudiced
thereby, in which case, the President shall, upon the recommendation of the Presiding Justice, designate
any Justice or Justices of the Court of Appeals to sit temporarily therein."

Section 2.​ Section 4 of the same Decree is hereby further amended to read as follows:

"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:

"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where
one or more of the principal accused are officials occupying the following positions in the government,
whether in permanent, acting or interim capacity, at the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act
No. 6758), specifically including:

A. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial


treasurers, assessors, engineers, and other provincial department heads;
B. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads;
C. Officials of the diplomatic service occupying the position of consul and higher;
D. Philippine army and air force colonels, naval captains, and all officers of higher rank;
E. PNP chief superintendent and PNP officers of higher rank;
F. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of
the Ombudsman and special prosecutor;
G. Presidents, directors or trustees, or managers of government-owned or controlled corporations,
state universities or educational institutions or foundations;

"(2) Members of Congress and officials thereof classified as Grade "27" and up under the Compensation
and Position Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions of the Constitution;

"(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the
Constitution; and

"(5) All other national and local officials classified as Grade "27" and higher under the Compensation and
Position Classification Act of 1989;

"b. Other offenses or felonies committed by the public officials and employees mentioned in subsection (a)
of this section in relation to their office.

"c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A.

"In cases where none of the principal accused are occupying positions corresponding to salary grade "27" or
higher, as prescribed in the said Republic Act No. 6758, or PNP officers occupying the rank of
superintendent or higher, or their equivalent, exclusive jurisdiction thereof shall be vested in the proper
Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court, as the
case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction on appeals from the final judgments,
resolutions or orders of regular courts where all the accused are occupying positions lower than salary grade
"27", or not otherwise covered by the preceding enumeration.

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas corpus, injunction, and other ancillary writs and processes in aid
of its appellate jurisdiction: Provided, That the jurisdiction over these petitions shall not be exclusive of the
Supreme Court.

"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme
Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of
Appeals shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to
the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the office of the Ombudsman,
through its special prosecutor, shall represent the people of the Philippines except in cases filed pursuant to
Executive Orders Nos. 1, 2, 14 and 14-A.

"In case private individuals are charged as co-principals, accomplices or accessories with the public officers
or employees, including those employed in government-owned or controlled corporations, they shall be tried
jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction
over them.

"Any provision of law or Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times
be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or
the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of
the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall
be recognized: Provided, however, That where the civil action had heretofore been filed separately but
judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan
or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court
as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate
civil action shall be deemed abandoned."

Section 3.​ Section 7 of the same decree is hereby amended to read as follows:

"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders determining the merits
of a case or finally disposing of the action or proceedings of the Sandiganbayan shall contain complete
findings of the facts and the law on which they are based, on all issues properly raised before it and
necessary in deciding the case.

"A petition for reconsideration of any final order or decision may be filed within fifteen (15) days from
promulgation or notice of the final order or judgment, and such motion for reconsideration shall be decided
within thirty (30) days from submission thereon.

"Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme Court by petition for
review on certiorari raising pure questions of law in accordance with Rule 45 of the Rules of Court.
Whenever, in any case decided by the Sandiganbayan, the penalty of reclusion perpetua or higher is
imposed, the decision shall be appealable to the Supreme Court in the manner prescribed in the Rules of
Court. In case the penalty imposed is death, review by the Supreme Court shall be automatic, whether or
not the accused filed an appeal.

"Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by
law.

"Decisions and final orders of other courts, in cases cognizable by said courts under this Act shall be
appealable to the Sandiganbayan within fifteen (15) days from promulgation or notice to the parties."

Section 4.​ Section 9 of the same Decree is hereby amended to read as follows:

"Sec. 9. Rules of Procedure. - The Rules of Court promulgated by the Supreme Court shall apply to all
cases and proceedings filed with the Sandiganbayan. The Sandiganbayan shall have no power to
promulgate its own rules of procedure, except to adopt internal rules governing the allotment of cases
among the divisions, the rotation of justices among them, and other matters relating to the internal
operations of the court which shall be inforced until repealed or modified by the Supreme Court."

Section 5.​ Section 10 of the same Decree is hereby repealed.

Section 6. Presidential Decrees Nos. 1486, 1606 and 1861, Executive Orders Nos. 101 and 184 and all
other laws, decrees, orders and rules of which are inconsistent therewith are hereby repealed or modified
accordingly.

Section 7. Upon the effectivity of this Act, all criminal cases in which trial has not begun in the
Sandiganbayan shall be referred to the proper courts.

Section 8. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two
(2) national newspapers of general circulation.

Approved: 30 March 1995

REPUBLIC ACT No. 8249 February 5, 1997

AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN, AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as amended, is hereby further
amended to read as follows:

"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure; Removal and Compensation. - A special


court, of the same level as the Court of Appeals and possessing all the inherent powers of a court ofjustice,
to be known as the Sandiganbayan is hereby created composed of a presiding justice and fourteen
associate justices who shall be appointed by the President."

Section 2.​ Section 2 of the same decree is hereby further amended to read as follows:

"SECTION 2. Official Station; Place of Holding Sessions. - The Sandiganbayan shall have its principal office
in the Metro Manila area and shall hold sessions thereat for the trial and determination of cases filed with it:
Provided, however, That cases originating from the principal geographical regions of the country, that is,
from Luzon, Visayas or Mindanao, shall be heard in their respective regions of origin except only when the
greater convenience of the accused and of the witnesses, or other compelling considerations require the
contrary, in which instance a case originating from one geographical region may be heard in another
geographical region: Provided, further, That for this purpose the presiding justice shall authorize any
divisions of the court to hold sessions at any time and place outside Metro Manila and, where the interest of
justice so requires, outside the territorial boundaries of the Philippines. The Sandiganbayan may require the
services of the personnel and the use of facilities of the courts or other government offices where any of the
divisions is holding sessions and the personnel of such courts or offices shall be subject to the orders of the
Sandiganbayan."

Section 3.​ The second paragraph of Section 3 of the same decree is hereby deleted.

Section 4.​ Section 4 of the same decree is hereby further amended to read as follows:

"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal
Code, where one or more of the accused are officials occupying the following positions in the government
whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic
Act No. 6758), specifically including:

A. Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial


treasurers, assessors, engineers and other provincial department heads;
B. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors
engineers and other city department heads;
C. Officials of the diplomatic service occupying the position of consul and higher;
D. Philippine army and air force colonels, naval captains, and all officers of higher rank;
E. Officers of the Philippine National Police while occupying the position of provincial director and
those holding the rank of senior superintendent or higher;
F. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of
the Ombudsman and special prosecutor;
G. Presidents, directors or trustees, or managers of government-owned or -controlled corporations,
state universities or educational institutions or foundations;

"(2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation and
Position Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions of the Constitution;

"(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the
Constitution; and

"(5) All other national and local officials classified as Grade'27'and higher under the Compensation and
Position Classification Act of 1989.

"b. Other offenses orfelonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in subsection a of this section in relation to their office.

"c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.

"In cases where none of the accused are occupying positions corresponding to salary grade '27' or higher,
as prescribed in the said Republic Act No. 6758, or military or PNP officers mentioned above, exclusive
original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal
trial court and municipal circuit trial court ' as the case may be, pursuant to their respective jurisdiction as
provided in Batas Pambansa Blg. 129, as amended.

"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or
orders or regional trial courts whether in the exercise of their own original jurisdiction orof their appellate
jurisdiction as herein provided.

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid
of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may
arise in cases filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A, issued in 1986:
Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court.

The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme
Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated
to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman,
through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

"In case private individuals are charged as co-principals, accomplices or accessories with the public officers
or employees, including those employed in govemment-owned or controlled corporations, they shall be tried
jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction
over them.

"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with,
and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of
the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the criminal action shall be recognized: Provided,
however, That where the civil action had therefore been filed separately but judgment therein has not yet
been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said
civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for
consolidation and joint determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned."

Section 5.​ Section 7 of the same decree is hereby further amended to read as follows:

'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders determining the
merits of a case or finally disposing of the action or proceedings of the Sandijanbayan shall contain
complete findings of the facts and the law on which they are based, on all issues properly raised before it
and necessary in deciding the case.

"A petition for reconsideration of any final order or decision may be filed within fifteen (15) days from
promulgation or notice of the final order on judgment, and such motion for reconsideration shall be decided
within thirty (30) days from submission thereon.

"Decisions and final orders ofthe Sandiganbyan shall be appealable to the Supreme Court by petition for
review on certiorari raising pure questions of law in accordance with Rule 45 of the Rules of Court.
Whenever, in any case decided by the Sandiganbayan, the penalty of reclusion perpetua, life imprisonment
or death is imposed, the decision shall be appealable to the Supreme Court in the manner prescribed in the
Rules of Court.

"Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by
law.

"Decisions and final orders of other courts in cases cognizable by said courts under this decree as well as
those rendered by them in the exercise of their appellate jurisdiction shall be appealable to, or be reviewable
by, the Sandiganbayan in the manner provided by Rule 122 of the Rules of the Court.

"In case, however, the imposed penalty by the Sandiganbayan or the regional trial court in the proper
exercise of their respective jurisdictions, is death, review by the Supreme Court shall be automatic, whether
or not accused files an appeal."

Section 6. ​Appropriations​. - The amount necessary to carry out the initial implementation of this Act shall
be charged against the current fiscal year appropriations of the Sandiganbayan. Thereafter, such sums as
may be needed for its continued implementation shall be included in the annual General Appropriations Act.

Section 7. ​Transitory Provision​. - This Act shall apply to all cases pending in any court over which trial has
not begun as of the approval hereof

Section 8. ​Separability of Provisions​. - If for any reason any provision of this Act is declared
unconstitutional or invalid, such parts or portions not affected thereby shall remain in full force and effect.

Section 9. ​Repealing Clause.​ - All acts, decrees, general orders and circulars, or parts thereof inconsistent
with the provisions of this Act are hereby repealed or modified accordingly.

Section 10. ​Effectivity.​ - This Act shall take effect fifteen (15) days after its complete publication in at least
two (2) newspapers of general circulation.
REPUBLIC ACT NO. 10660

AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF


THE SANDIGANBAYAN, FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, AS AMENDED,
AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 3 of Presidential Decree No. 1606, as amended, is hereby further amended to read as
follows:

​ he Sandiganbayan shall sit in seven (7)


"SEC. 3. ​Constitution of the Divisions; Quorum. – T
divisions of three (3) members each.

"Two (2) members shall constitute a quorum for sessions in divisions: ​Provided, ​That when
the required quorum for the particular division cannot be had due to the legal disqualification
or temporary incapacity of a member or a vacancy therein, the Presiding Justice may
designate a member of another division to be determined by strict rotation on the basis of the
reverse order of precedence, to sit as a special member of said division with all the rights and
prerogatives of a regular member of said division in the trial and determination of a case or
cases assigned thereto."

Section 2.​ Section 4 of the same decree, as amended, is hereby further amended to read as follows:

"SEC. 4. ​Jurisdiction. – ​The Sandiganbayan shall exercise exclusive original jurisdiction in all
cases involving:

"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and
Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of
the Revised Penal Code, where one or more of the accused are officials occupying the
following positions in the government, whether in a permanent, acting or interim capacity, at
the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of regional director and higher,
otherwise classified as Grade ’27’ and higher, of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758), specifically including:

A. Provincial governors, vice-governors, members of the sangguniang panlalawigan,


and provincial treasurers, assessors, engineers, and other provincial department
heads:
B. City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers, and other city department heads;
C. Officials of the diplomatic service occupying the position of consul and higher;
D. Philippine army and air force colonels, naval captains, and all officers of higher
rank;
E. Officers of the Philippine National Police while occupying the position of provincial
director and those holding the rank of senior superintendent and higher;
F. City and provincial prosecutors and their assistants, and officials and prosecutors
in the Office of the Ombudsman and special prosecutor;
G. Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations.

"(2) Members of Congress and officials thereof classified as Grade ’27’ and higher under the
Compensation and Position Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions of the Constitution;

"(4) Chairmen and members of the Constitutional Commissions, without prejudice to the
provisions of the Constitution; and
"(5) All other national and local officials classified as Grade ’27’ and higher under the
Compensation and Position Classification Act of 1989.

"b. Other offenses or felonies whether simple or complexed with other crimes committed by
the public officials and employees mentioned in subsection a. of this section in relation to
their office.

"c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986.

"Provided, ​That the Regional Trial Court shall have exclusive original jurisdiction where the
information: (a) does not allege any damage to the government or any bribery; or (b) alleges
damage to the government or bribery arising from the same or closely related transactions or
acts in an amount not exceeding One million pesos (P1,000,000.00).

"Subject to the rules promulgated by the Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under this section shall be tried in a judicial region
other than where the official holds office.

"In cases where none of the accused are occupying positions corresponding to Salary Grade
’27’ or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers
mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional
trial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as the
case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg.
129, as amended.

"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as herein provided.

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance
of the ​writs ​of ​mandamus, ​prohibition, ​certiorari, habeas corpus, i​ njunctions, and other
ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar
nature, including ​quo warranto, ​arising or that may arise in cases filed or which may be filed
under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: ​Provided, ​That the jurisdiction
over these petitions shall not be exclusive of the Supreme Court.

"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special
prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

"In case private individuals are charged as co-principals, accomplices or accessories with the
public officers or employees, including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers and employees in the proper
courts which shall exercise exclusive jurisdiction over them.

"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right to reserve the filing of such
civil action separately from the criminal action shall be recognized: ​Provided, however, ​That
where the civil action had heretofore been filed separately but judgment therein has not yet
been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the Sandiganbayan or the
appropriate court, as the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed abandoned."

Section 3.​ Section 5 of the same decree is hereby amended to read as follows:

"SEC. 5. ​Proceedings, How Conducted; Decision by Majority Vote. – ​All three (3) members of
a division shall deliberate on all matters submitted for judgment, decision, final order, or
resolution.

"The concurrence of a majority of the members of a division shall be necessary to render a


judgment, decision, or final order, or to resolve interlocutory or incidental motions."

Section 4. ​Funding and Appropriations. ​– The amount necessary to carry out the implementation of this Act
shall be charged against the current appropriations of the Sandiganbayan. Thereafter, such sums as may be
needed for its full implementation shall be included in the annual General Appropriations Act.

Section 5. ​Transitory Provision. – ​This Act shall apply to all cases pending in the Sandiganbayan over which
​ hat: (a) Section 2, amending Section 4 of Presidential Decree No. 1606, as
trial has not begun: ​Provided, T
amended, on "Jurisdiction"; and (b) Section 3, amending Section 5 of Presidential Decree No. 1606, as
amended, on "Proceedings, How Conducted; Decision by Majority Vote" shall apply to cases arising from
offenses committed after the effectivity of this Act.

Section 6. ​Separability Clause. – ​ Should any provision of this Act or part hereof be declared
unconstitutional, the other provisions or parts not affected thereby shall remain valid and effective.

Section 7. ​Repealing Clause. – A ​ ll laws, decrees, orders, and issuances, or portions thereof, which are
inconsistent with the provisions of this Act, are hereby repealed, amended or modified accordingly.

​ This Act shall take effect fifteen (15) days after its publication in the ​Official Gazette
Section 8. ​Effectivity. –
or in two (2) newspapers of general circulation.

Вам также может понравиться