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SANDIGANBAYAN LAWS

Amendments
PD 1606 RA 8249 RA 10660
Section 1 Section 1. Sandiganbayan; composition; qualifications; "SECTION 1. Sandiganbayan; Composition,
tenure; removal and composition. A special court, of the Qualifications; Tenure; Removal and Compensation. - A
same level as the Court of Appeals and possessing all special court, of the same level as the Court of Appeals
the inherent powers of a court of justice, to be known and possessing all the inherent powers of a court
as the Sandiganbayan is hereby created composed of a ofjustice, to be known as the Sandiganbayan is hereby
Presiding Justice and eight Associate Justices who shall created composed of a presiding justice and fourteen
be appointed by the President. associate justices who shall be appointed by the
President."

Section 2 Section 2. Official Station; Place of Holding Sessions. The SECTION 2. Official Station; Place of Holding Sessions. -
Sandiganbayan shall have its principal office in the The Sandiganbayan shall have its principal office in the
Metro Manila area and shall hold sessions thereat for Metro Manila area and shall hold sessions thereat for
the trial and determination of all cases filed with it the trial and determination of cases filed with it:
irrespective of the place where they may have arisen; Provided, however, That cases originating from the
Provided, however, that the Presiding Justice may principal geographical regions of the country, that is,
authorize any division or divisions of court to hold from Luzon, Visayas or Mindanao, shall be heard in their
sessions at any time and place outside Metro Manila to respective regions of origin except only when the
hear and decide cases emanating from any of the greater convenience of the accused and of the
existing judicial districts. Whenever necessary, the witnesses, or other compelling considerations require
Sandiganbayan may require the services of the the contrary, in which instance a case originating from
personnel and the use of the facilities of any agency of one geographical region may be heard in another
the Government, national or local, including the courts geographical region: Provided, further, That for this
of first instance of the province where any of the purpose the presiding justice shall authorize any
divisions is holding session, and those personnel of such divisions of the court to hold sessions at any time and
agencies or courts shall be subject to the orders of the place outside Metro Manila and, where the interest of
Sandiganbayan. 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.
SANDIGANBAYAN LAWS
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Section 3 Section 3. Divisions of the Courts; Quorum. The The second paragraph of Section 3 of the same decree is SEC. 3. Constitution of the Divisions; Quorum. – The
Sandiganbayan shall sit in three divisions of three hereby deleted. Sandiganbayan shall sit in seven (7) divisions of three
Justices each. The three divisions may sit at the same (3) members each.
time.
"Two (2) members shall constitute a quorum for
Three Justices shall constitute a quorum for session in sessions in divisions: Provided, That when the required
division; Provided, that when the required quorum quorum for the particular division cannot be had due to
cannot be had due to the legal disqualification or the legal disqualification or temporary incapacity of a
temporary disability of a Justice or of a vacancy member or a vacancy therein, the Presiding Justice may
occurring therein, the President shall, upon designate a member of another division to be
recommendation of the Presiding Justice, designate any determined by strict rotation on the basis of the reverse
Justice of the Court of Appeals or Judge of the Court of order of precedence, to sit as a special member of said
First Instance or of the Circuit Criminal Court of the division with all the rights and prerogatives of a regular
judicial district concerned to sit temporarily therein. member of said division in the trial and determination
of a case or cases assigned thereto.
SANDIGANBAYAN LAWS
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PD 1606 RA 8249 RA 10660
Section 4 Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction Section 4 of the same decree is hereby further amended to read as Section 4 of the same decree is hereby further amended to read as
over: follows: follows:

(a) Violations of Republic Act No. 3019, as amended, otherwise, "a. Violations of Republic Act No. 3019, as amended, otherwise "a. Violations of Republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act, and Republic Act known as the Anti-graft and Corrupt Practices Act, Republic Act No. known as the Anti-graft and Corrupt Practices Act, Republic Act No.
No. 1379; 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal 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 Code, where one or more of the accused are officials occupying the
(b) Crimes committed by public officers and employees including following positions in the government whether in a permanent, following positions in the government whether in a permanent,
those employed in government-owned or controlled corporations, acting or interim capacity, at the time of the commission of the acting or interim capacity, at the time of the commission of the
embraced in Title VII of the Revised Penal Code, whether simple or offense: offense:
complexed with other crimes; and
"(1) Officials of the executive branch occupying the positions of "(1) Officials of the executive branch occupying the positions of
(c) Other crimes or offenses committed by public officers or regional director and higher, otherwise classified as Grade '27' and regional director and higher, otherwise classified as Grade '27' and
employees, including those employed in government-owned or higher, of the Compensation and Position Classification Act of 1989 higher, of the Compensation and Position Classification Act of 1989
controlled corporations, in relation to their office. (Republic Act No. 6758), specifically including: (Republic Act No. 6758), specifically including:

The jurisdiction herein conferred shall be original and exclusive if the "(a) Provincial governors, vice-governors, members of the "(a) Provincial governors, vice-governors, members of the
offense charged is punishable by a penalty higher than prision sangguniang panlalawigan and provincial treasurers, assessors, sangguniang panlalawigan and provincial treasurers, assessors,
correccional, or its equivalent, except as herein provided; in other engineers and other provincial department heads; engineers and other provincial department heads;
offenses, it shall be concurrent with the regular courts.
"(b) City mayors, vice-mayors, members of the sangguniang "(b) City mayors, vice-mayors, members of the sangguniang
In case private individuals are charged as co-principals, accomplices panlungsod, city treasurers, assessors engineers and other city panlungsod, city treasurers, assessors engineers and other city
or accessories with the public officers or employees including those department heads; department heads;
employed in government-owned or controlled corporations, they
shall be tried jointly with said public officers and employees. "(c) Officials of the diplomatic service occupying the position of "(c) Officials of the diplomatic service occupying the position of
consul and higher; consul and higher;
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
SANDIGANBAYAN LAWS
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PD 1606 RA 8249 RA 10660
charged.

Any provision of law or the Rules of Court to the contrary "(d) Philippine army and air force colonels, naval captains, and all "(d) Philippine army and air force colonels, naval captains, and all
notwithstanding, the criminal action and the corresponding civil officers of higher rank; officers of higher rank;
action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and "(e) Officers of the Philippine National Police while occupying the "(e) Officers of the Philippine National Police while occupying the
jointly determined in the same proceeding by, the Sandiganbayan, position of provincial director and those holding the rank of senior position of provincial director and those holding the rank of senior
the filing of the criminal action being deemed to necessarily carry superintendent or higher; superintendent or higher;
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 "(f) City and provincial prosecutors and their assistants, and officials "(f) City and provincial prosecutors and their assistants, and officials
within the exclusive jurisdiction of the Sandiganbayan, where the and prosecutors in the Office of the Ombudsman and special and prosecutors in the Office of the Ombudsman and special
civil action had therefore been filed separately with a regular court prosecutor; prosecutor;
but judgment therein has not yet been rendered and the criminal
case is hereafter filed with the Sandiganbayan, said civil action shall "(g) Presidents, directors or trustees, or managers of government- "(g) Presidents, directors or trustees, or managers of government-
be transferred to the Sandiganbayan for consolidation and joint owned or -controlled corporations, state universities or educational owned or -controlled corporations, state universities or educational
determination with the criminal action, otherwise, the criminal institutions or foundations; institutions or foundations;
action may no longer be filed with the Sandiganbayan, its exclusive
jurisdiction over the same notwithstanding, but may be filed and "(2) Members of Congress and officials thereof classified as "(2) Members of Congress and officials thereof classified as
prosecuted only in the regular courts of competent jurisdiction; Grade'27'and up under the Compensation and Position Grade'27'and up under the Compensation and Position
Provided, further, that, in cases within the concurrent jurisdiction of Classification Act of 1989; Classification Act of 1989;
the Sandiganbayan and the regular courts, where either the criminal
or civil action is first filed with the regular courts, the corresponding "(3) Members of the judiciary without prejudice to the provisions of "(3) Members of the judiciary without prejudice to the provisions of
civil or criminal action, as the case may be, shall only be filed with the Constitution; the Constitution;
the regular courts of competent jurisdiction.
"(4) Chairmen and members of Constitutional Commissions, without "(4) Chairmen and members of Constitutional Commissions, without
prejudice to the provisions of the Constitution; and prejudice to the provisions of the Constitution; and
SANDIGANBAYAN LAWS
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PD 1606 RA 8249 RA 10660

Excepted from the foregoing provisions, during martial law, are "(5) All other national and local officials classified as Grade'27'and "(5) All other national and local officials classified as Grade'27'and
criminal cases against officers and members of the armed forces in higher under the Compensation and Position Classification Act of higher under the Compensation and Position Classification Act of
the active service. 1989. 1989.

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

"c. Civil and criminal cases filed pursuant to and in connection with "c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. 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 "In cases where none of the accused are occupying positions
corresponding to salary grade '27' or higher, as prescribed in the corresponding to salary grade '27' or higher, as prescribed in the
said Republic Act No. 6758, or military or PNP officers mentioned said Republic Act No. 6758, or military or PNP officers mentioned
above, exclusive original jurisdiction thereof shall be vested in the above, exclusive original jurisdiction thereof shall be vested in the
proper regional trial court, metropolitan trial court, municipal trial proper regional trial court, metropolitan trial court, municipal trial
court and municipal circuit trial court ' as the case may be, pursuant court and municipal circuit trial court ' as the case may be, pursuant
to their respective jurisdiction as provided in Batas Pambansa Blg. to their respective jurisdiction as provided in Batas Pambansa Blg.
129, as amended. 129, as amended.

"The Sandiganbayan shall exercise exclusive appellate jurisdiction "The Sandiganbayan shall exercise exclusive appellate jurisdiction
over final judgments, resolutions or orders or regional trial courts over final judgments, resolutions or orders or regional trial courts
whether in the exercise of their own original jurisdiction orof their whether in the exercise of their own original jurisdiction orof their
appellate jurisdiction as herein provided. appellate jurisdiction as herein provided.
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"The Sandiganbayan shall have exclusive original jurisdiction over "The Sandiganbayan shall have exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition, petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunctions, and other ancillary writs and certiorari, habeas corpus, injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in 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 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 and 14-A, issued in 1986: Provided, That the jurisdiction over these
petitions shall not be exclusive of the Supreme Court. petitions shall not be exclusive of the Supreme Court.

The procedure prescribed in Batas Pambansa Blg. 129, as well as the The procedure prescribed in Batas Pambansa Blg. 129, as well as the
implementing rules that the Supreme Court has promulgated and implementing rules that the Supreme Court has promulgated and
may hereafter promulgate, relative to appeals/petitions for review may hereafter promulgate, relative to appeals/petitions for review
to the Court of Appeals, shall apply to appeals and petitions for to the Court of Appeals, shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases elevated to the review filed with the Sandiganbayan. In all cases elevated to the
Sandiganbayan and from the Sandiganbayan to the Supreme Court, Sandiganbayan and from the Sandiganbayan to the Supreme Court,
the Office of the Ombudsman, through its special prosecutor, shall the Office of the Ombudsman, through its special prosecutor, shall
represent the People of the Philippines, except in cases filed represent the People of the Philippines, except in cases filed
pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
SANDIGANBAYAN LAWS
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PD 1606 RA 8249 RA 10660
"In case private individuals are charged as co-principals, accomplices "In case private individuals are charged as co-principals, accomplices
or accessories with the public officers or employees, including those or accessories with the public officers or employees, including those
employed in govemment-owned or controlled corporations, they employed in govemment-owned or controlled corporations, they
shall be tried jointly with said public officers and employees in the shall be tried jointly with said public officers and employees in the
proper courts which shall exercise exclusive jurisdiction over them. proper courts which shall exercise exclusive jurisdiction over them.

"Any provisions of law or Rules of Court to the contrary "Any provisions of law or Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability shall at all times be action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same simultaneously instituted with, and jointly determined in, the same
proceeding by the Sandiganbayan or the appropriate courts, the proceeding by the Sandiganbayan or the appropriate courts, the
filing of the criminal action being deemed to necessarily carry with it 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 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: civil action separately from the criminal action shall be recognized:
Provided, however, That where the civil action had therefore been Provided, however, That where the civil action had therefore been
filed separately but judgment therein has not yet been rendered, filed separately but judgment therein has not yet been rendered,
and the criminal case is hereafter filed with the Sandiganbayan or and the criminal case is hereafter filed with the Sandiganbayan or
the appropriate court, said civil action shall be transferred to the the appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the Sandiganbayan or the appropriate court, as the

case may be, for consolidation and joint determination with the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed criminal action, otherwise the separate civil action shall be deemed
abandoned." abandoned."
Section 5 Section 5. Proceedings, how conducted; votes required. SEC. 5. Proceedings, How Conducted; Decision by
The unanimous vote of the three justices in a division Majority Vote. – All three (3) members of a division shall
shall be necessary for the pronouncement of a deliberate on all matters submitted for judgment,
judgment. In the event that the three justices do not decision, final order, or resolution.
reach a unanimous vote, the Presiding Judge shall
designate two other justices from among the members "The concurrence of a majority of the members of a
of the Court to sit temporarily with them, forming a division shall be necessary to render a judgment,
division of five justices, and the concurrence of a decision, or final order, or to resolve interlocutory or
majority of such division shall be necessary for incidental motions.
rendering judgment.
SANDIGANBAYAN LAWS
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Section 7 Section 7. Form, finality and enforcement of decisions. SECTION 7. Form, Finality and Enforcement of Decisions.
Decisions and final orders of the Sandiganbayan shall - All decisions and final orders determining the merits of
contain complete findings of facts on all issues properly a case or finally disposing of the action or proceedings
raised before it. of the Sandijanbayan shall contain complete findings of
the facts and the law on which they are based, on all
A petition for reconsideration of any final order or issues properly raised before it and necessary in
decision maybe filed within (15) days from deciding the case.
promulgation or notice of the final order or judgment,
and such petition for reconsideration shall be decided "A petition for reconsideration of any final order or
within thirty (30) days from submission thereon. decision may be filed within fifteen (15) days from
promulgation or notice of the final order on judgment,
Decisions and final orders shall be subject to review on and such motion for reconsideration shall be decided
certiorari by the Supreme Court in accordance with Rule within thirty (30) days from submission thereon.
45 of the Rules of Court. The Supreme Court shall
decide any case on appeal promptly and without the "Decisions and final orders ofthe Sandiganbyan shall be
necessity of placing it upon the regular calendar. appealable to the Supreme Court by petition for review
Whenever, in any case decided, the death penalty shall on certiorari raising pure questions of law in accordance
have been imposed, the records shall be forwarded to with Rule 45 of the Rules of Court. Whenever, in any
the Supreme Court, whether the accused shall have case decided by the Sandiganbayan, the penalty of
appealed or not, for review and judgment, as law and reclusion perpetua, life imprisonment or death is
justice shall dictate. imposed, the decision shall be appealable to the
Supreme Court in the manner prescribed in the Rules of
Final judgments and orders of the Sandiganbayan shall Court.
be executed and enforced in the manner provided by
law.

"Judgments and orders of the Sandiganbayan shall be


executed and enforced in the manner provided by law.
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"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."
By: J. N. Malto