Crim Jurisdiction -App Laws

8/9/2019 Crim Jurisdiction -App Laws

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Republic Act No. 8249 February 5, 1997

AN ACT FURTHER EF!N!N" THE #UR!$!CT!%N %F THE $AN!"AN&A'AN, A(EN!N"F%R THE )UR)%$E )RE$!ENT!A* ECREE N%. 1++, A$ A(ENE, )R%-!!N" FUN$

THEREF%R, AN F%R %THER )UR)%$E$

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

$ectio 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as amended, is herebyfurther amended to read as follos:

!S"#T$%N 1. Sandiganbayan& #omposition, 'ualifications& Tenure& (emo)al and#ompensation. * + special court, of the same le)el as the #ourt of +ppeals and possessingall the inherent poers of a court ofustice, to be -non as the Sandiganbayan is herebycreated composed of a presiding ustice and fourteen associate ustices ho shall beappointed by the President.!

$ectio 2. Section of the same decree is hereby further amended to read as follos:

!S"#T$%N . %fficial Station& Place of /olding Sessions. * The Sandiganbayan shall ha)e itsprincipal office in the etro anila area and shall hold sessions thereat for the trial anddetermination of cases filed ith it: Pro)ided, hoe)er, That cases originating from theprincipal geographical regions of the country, that is, from u2on, 3isayas or indanao, shallbe heard in their respecti)e regions of origin e4cept only hen the greater con)enience ofthe accused and of the itnesses, or other compelling considerations re5uire the contrary, inhich instance a case originating from one geographical region may be heard in anothergeographical region: Pro)ided, further, That for this purpose the presiding ustice shallauthori2e any di)isions of the court to hold sessions at any time and place outside etroanila and, here the interest of ustice so re5uires, outside the territorial boundaries of the

Philippines. The Sandiganbayan may re5uire the ser)ices of the personnel and the use offacilities of the courts or other go)ernment offices here any of the di)isions is holdingsessions and the personnel of such courts or offices shall be subect to the orders of theSandiganbayan.!

$ectio /. The second paragraph of Section of the same decree is hereby deleted.

$ectio 4. Section 7 of the same decree is hereby further amended to read as follos:

!a. 3iolations of (epublic +ct No. 018, as amended, otherise -non as the +nti*graft and#orrupt Practices +ct, (epublic +ct No. 198, and #hapter $$, Section , Title 3$$, oo- $$ ofthe (e)ised Penal #ode, here one or more of the accused are officials occupying thefolloing positions in the go)ernment hether in a permanent, acting or interim capacity, atthe time of the commission of the offense:

!;1< %fficials of the e4ecuti)e branch occupying the positions of regional director andhigher, otherise classified as =rade >9> and higher, of the #ompensation andPosition #lassification +ct of 18?8 ;(epublic +ct No. 69@?<, specifically including:



!;a< Pro)incial go)ernors, )ice*go)ernors, members of the sangguniangpanlalaigan and pro)incial treasurers, assessors, engineers and otherpro)incial department heads&

!;b< #ity mayors, )ice*mayors, members of the sangguniang panlungsod, citytreasurers, assessors engineers and other city department heads&

!;c< %fficials of the diplomatic ser)ice occupying the position of consul andhigher&

!;d< Philippine army and air force colonels, na)al captains, and all officers ofhigher ran-&

!;e< %fficers of the Philippine National Police hile occupying the position ofpro)incial director and those holding the ran- of senior superintendent orhigher&

!;f< #ity and pro)incial prosecutors and their assistants, and officials and

prosecutors in the %ffice of the %mbudsman and special prosecutor&

!;g< Presidents, directors or trustees, or managers of go)ernment*oned or*controlled corporations, state uni)ersities or educational institutions orfoundations&

!;< embers of #ongress and officials thereof classified as =rade>9>and up underthe #ompensation and Position #lassification +ct of 18?8&

!;< embers of the udiciary ithout preudice to the pro)isions of the #onstitution&

!;7< #hairmen and members of #onstitutional #ommissions, ithout preudice to the

pro)isions of the #onstitution& and

!;@< +ll other national and local officials classified as =rade>9>and higher under the#ompensation and Position #lassification +ct of 18?8.

!b. %ther offenses orfelonies hether simple or comple4ed ith other crimes committed bythe public officials and employees mentioned in subsection a of this section in relation totheir office.

!c. #i)il and criminal cases filed pursuant to and in connection ith "4ecuti)e %rder Nos. 1,, 17 and 17*+, issued in 18?6.

!$n cases here none of the accused are occupying positions corresponding to salary grade>9> or higher, as prescribed in the said (epublic +ct No. 69@?, or military or PNP officersmentioned abo)e, e4clusi)e original urisdiction thereof shall be )ested in the proper regionaltrial court, metropolitan trial court, municipal trial court and municipal circuit trial court > as thecase may be, pursuant to their respecti)e urisdiction as pro)ided in atas Pambansa lg.18, as amended.



!The Sandiganbayan shall e4ercise e4clusi)e appellate urisdiction o)er final udgments,resolutions or orders or regional trial courts hether in the e4ercise of their on original

urisdiction orof their appellate urisdiction as herein pro)ided.

!The Sandiganbayan shall ha)e e4clusi)e original urisdiction o)er petitions for the issuanceof the rits of mandamus, prohibition, certiorari, habeas corpus, inunctions, and other

ancillary rits and processes in aid of its appellate urisdiction and o)er petitions of similarnature, including 5uo arranto, arising or that may arise in cases filed or hich may be filedunder "4ecuti)e %rder Nos. 1,,17 and 17*+, issued in 18?6: Pro)ided, That the urisdictiono)er these petitions shall not be e4clusi)e of the Supreme #ourt.

The procedure prescribed in atas Pambansa lg. 18, as ell as the implementing rulesthat the Supreme #ourt has promulgated and may hereafter promulgate, relati)e toappealsApetitions for re)ie to the #ourt of +ppeals, shall apply to appeals and petitions forre)ie filed ith the Sandiganbayan. $n all cases ele)ated to the Sandiganbayan and fromthe Sandiganbayan to the Supreme #ourt, the %ffice of the %mbudsman, through its specialprosecutor, shall represent the People of the Philippines, e4cept in cases filed pursuant to"4ecuti)e %rder Nos. 1, , 17 and 17*+, issued in 18?6.

!$n case pri)ate indi)iduals are charged as co*principals, accomplices or accessories iththe public officers or employees, including those employed in go)emment*oned orcontrolled corporations, they shall be tried ointly ith said public officers and employees inthe proper courts hich shall e4ercise e4clusi)e urisdiction o)er them.

!+ny pro)isions of la or (ules of #ourt to the contrary notithstanding, the criminal actionand the corresponding ci)il action for the reco)ery of ci)il liability shall at all times besimultaneously instituted ith, and ointly determined in, the same proceeding by theSandiganbayan or the appropriate courts, the filing of the criminal action being deemed tonecessarily carry ith it the filing of the ci)il action, and no right to reser)e the filing of suchci)il action separately from the criminal action shall be recogni2ed: Pro)ided, hoe)er, Thathere the ci)il action had therefore been filed separately but udgment therein has not yet

been rendered, and the criminal case is hereafter filed ith the Sandiganbayan or theappropriate court, said ci)il action shall be transferred to the Sandiganbayan or theappropriate court, as the case may be, for consolidation and oint determination ith thecriminal action, otherise the separate ci)il action shall be deemed abandoned.!

$ectio 5. Section 9 of the same decree is hereby further amended to read as follos:

>S"#T$%N 9. Borm, Binality and "nforcement of Decisions. * +ll decisions and final ordersdetermining the merits of a case or finally disposing of the action or proceedings of theSandianbayan shall contain complete findings of the facts and the la on hich they arebased, on all issues properly raised before it and necessary in deciding the case.

!+ petition for reconsideration of any final order or decision may be filed ithin fifteen ;1@<days from promulgation or notice of the final order on udgment, and such motion forreconsideration shall be decided ithin thirty ;0< days from submission thereon.

!Decisions and final orders ofthe Sandiganbyan shall be appealable to the Supreme #ourt bypetition for re)ie on certiorari raising pure 5uestions of la in accordance ith (ule 7@ ofthe (ules of #ourt. Chene)er, in any case decided by the Sandiganbayan, the penalty ofreclusion perpetua, life imprisonment or death is imposed, the decision shall be appealableto the Supreme #ourt in the manner prescribed in the (ules of #ourt.



!udgments and orders of the Sandiganbayan shall be e4ecuted and enforced in the manner pro)ided by la.

!Decisions and final orders of other courts in cases cogni2able by said courts under thisdecree as ell as those rendered by them in the e4ercise of their appellate urisdiction shallbe appealable to, or be re)ieable by, the Sandiganbayan in the manner pro)ided by (ule

1 of the (ules of the #ourt.

!$n case, hoe)er, the imposed penalty by the Sandiganbayan or the regional trial court inthe proper e4ercise of their respecti)e urisdictions, is death, re)ie by the Supreme #ourtshall be automatic, hether or not accused files an appeal.!

$ectio +. Appropriations. * The amount necessary to carry out the initial implementation of this +ct 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=eneral +ppropriations +ct.

$ectio 7. Transitory Provision. * This +ct shall apply to all cases pending in any court o)er hich

trial has not begun as of the appro)al hereof

$ectio 8. Separability of Provisions. * $f for any reason any pro)ision of this +ct is declaredunconstitutional or in)alid, such parts or portions not affected thereby shall remain in full force andeffect.

$ectio 9. Repealing Clause. * +ll acts, decrees, general orders and circulars, or parts thereofinconsistent ith the pro)isions of this +ct are hereby repealed or modified accordingly.

$ectio 1. Effectivity . * This +ct shall ta-e effect fifteen ;1@< days after its complete publication inat least to ;< nespapers of general circulation.

+ppro)ed:



)RE$!ENT!A* ECREE No. 148+

CREAT!N" A $)EC!A* C%URT T% &E 0N%N A$ $AN!"AN&A'AN AN F%R %THER)UR)%$E$

C/"("+S, the Ne #onstitution declares that a public office is a public trust and ordains that publicofficers and employees shall ser)e ith the highest degree of responsibility, integrity, loyalty andefficiency and shall remain at all times accountable to the people&

C/"("+S, to attain the highest norms of official conduct re5uired of public officers and employees,Section @, +rticle E$$$ of the Ne #onstitution pro)ides for the creation of a special court to be -nonas Sandiganbayan&

N%C, T/"("B%(", $, B"(D$N+ND ". +(#%S, President of the Philippines, by )irtue of thepoers in me )ested by the #onstitution and pursuant to Proclamation No. 10?1, dated September1, 189, do hereby order and decree as follos:

$ectio 1. Sandiganbayan; Composition; Qualifications; tenure; removal and compensation. +special court, possessing all the inherent poers of a court of ustice, to be -non as theSandiganbayan is hereby created composed of a Presiding udge and eight ;?< +ssociate udgesho shall be appointed by the President and shall be subect to the same inhibitions andAordis5ualifications as udges of courts of first instance.

No person shall be appointed Presiding udge or +ssociate udge of the Sandiganbayan, unless heis a natural*born citi2en of the Philippines, at least 70 years of age and for at least ten ;10< years ormore had been a udge of a court of record or been engaged in the practice of la in the Philippinesor has held office re5uiring admission to the bar as a prere5uisite for a li-e period.

The Presiding udge shall be so designated in his commission and the other udges shall ha)e

precedence according to the dates of their respecti)e commissions, or hen the commissions of to;< or more of them shall hear the same date, according to the order in hich their commissionsha)e been issued by the President.

The Presiding udge and the +ssociate udges shall not be remo)ed from office e4cept onimpeachment upon the grounds and in the manner pro)ided for in Sections and of +rticle $$$ ofthe 189 #onstitution.

The Presiding udge shall recei)e an annual compensation of P60,000.00 and each +ssociateudge P@0,000.00 hich shall not be diminished during their continuance in office.

They shall hold office until they reach the age of 6@ years or become incapacitated to discharge the

duties of their office.

$ectio 2. fficial Station; Place of Holding Sessions. The Sandiganbayan shall ha)e its principaloffice in the etro anila +rea& Pro)ided, hoe)er, that the Presiding udge may authori2e anydi)ision or di)isions of the court to hold sessions at any time and place outside etro anila to hearand decide cases emanating from any of the e4isting udicial districts.

Chene)er necessary, the Sandiganbayan may re5uire the ser)ices of the personnel and the use ofthe facilities of any agency of the =o)ernment, national or local, including the courts of first instance



of the pro)ince here any of the di)isions is holding session and those personnel of such agenciesor courts shall be subect to the order of the Sandiganbayan.

$ectio /. Quorum. Bi)e udges shall constitute a 5uorum for sessions en banc, and to udges forsessions in di)ision& Pro)ided, that hen a 5uorum andAor the maority re5uired for a decision of theSandiganbayan either en banc or in di)ision, or the trial or hearing of cases cannot be had due to the

legal dis5ualification or temporary disability of a udge or of a )acancy occurring therein, thePresident shall, upon recommendation of the Presiding udge, designate any udge of the court offirst instance or of the circuit criminal court of the udicial district concerned to sit temporarily therein.

The Sandiganbayan shall, as a body, sit en banc but it may sit in three ;< di)isions of three ;< udges each. The three ;< di)isions may sit at the same time.

$f the Presiding udge is present in any session of the court, hether en banc or in di)ision, he shallpreside. $n his absence the +ssociate udge attending ho is first in precedence shall preside.

$ectio 4. !urisdiction. "4cept as herein pro)ided, the Sandiganbayan shall ha)e original ande4clusi)e urisdiction to try and decide:

;a< 3iolations of (epublic +ct No. 018, as amended, otherise -non as the +nti*=raft and#orrupt Practices +ct and (epublic +ct No. 198&

;b< #rimes committed by public officers or employees, including those employed ingo)ernment* oned or controlled corporations, embraced in Title 3$$ of the (e)ised Penal#ode&

;c< %ther crimes or offenses committed by public officers or employees including thoseemployed in go)ernment*oned or controlled corporations in relation to their office&Pro)ided, that, in case pri)ate indi)iduals are accused as principals, accomplices oraccessories in the commission of the crimes hereinabo)e mentioned, they shall be tried

ointly ith the public officers or employees concerned.

Chere the accused is charged of an offense in relation to his office and the e)idence isinsufficient to establish the offense so charged, he may ne)ertheless be con)icted andsentenced for the offense included in that hich is charged.

;d< #i)il suits brought in connection ith the aforementioned crimes for restitution orreparation of damages, reco)ery of the instruments and effects of the crimes, or forfeitureproceedings pro)ided for under (epublic +ct No. 198&

;e< #i)il actions brought under +rticles and 7 of the #i)il #ode.

"4ception from the foregoing pro)isions during the period of material la are criminal cases againstofficers and members of the +rmed Borces of the Philippines, and all others ho fall under thee4clusi)e urisdiction of the military tribunals.

$ectio 5. Proceedings against constitutional officers; votes re"uired. +ll cases in)ol)ingconstitutional officers shall be heard and decided by the Sandiganbayan en banc& Pro)ided, thathen a non*constitutional officer or employee or pri)ate indi)idual is charged or sued ointly ith aconstitutional officer under Section 7 hereof, they shall all be tried ointly by the Sandiganbayan enbanc. +ll other cases may be tried and decided by a di)ision.



The affirmati)e )ote of fi)e ;@< udges is necessary for a decision of the Sandiganbayan en banc.The affirmati)e )ote of to udges in a di)ision shall be necessary for the promulgation of a

udgment.

$ectio +. #a$imum period for termination of cases. +s far as practicable, the trial of cases beforethe Sandiganbayan en banc or in di)ision once commenced shall be continuous until terminated and

the udgment en banc or in di)ision shall be rendered ithin three ;< months from the date the caseas submitted for decision.

$ectio 7. %orm& finality and enforcement of decisions; petitions for reconsideration. Decisions andfinal orders of the Sandiganbayan shall contain complete findings of fact on all issues properly raisedbefore it. Decisions and final orders en banc shall be subect to re)ie by the Supreme #ourt inaccordance ith (ule 7@ of the (ules of #ourt& and those of a di)ision shall be appealable under(ule 7 thereof. The Supreme #ourt shall hear and decide any case on appeal promptly and ithoutthe necessity of placing it upon the regular calendar. Chene)er, in any case decided by theSandiganbayan en banc or by a di)ision thereof, the death penalty of life imprisonment shall ha)ebeen imposed, the records shall be forarded to the Supreme #ourt hether the accused shall ha)eappealed or not, for re)ie and udgment, as la and ustice shall dictate.

+ny party may file a petition for reconsideration of any order or decision of the Sandiganbayan enbanc or in di)ision ithin fifteen ;1@< days from receipt of a certified copy of such order or decisionand such petition for reconsideration shall be decided by the Sandiganbayan en banc or in di)ision,as the case may be, ithin thirty ;0< days from submission thereof.

Binal udgments and orders of the Sandiganbayan en banc or in di)ision shall be e4ecuted andenforced in the manner pro)ided for in the (ules of #ourt.

$ectio 8. 'ransfer of cases. +ll cases cogni2able by the Sandiganbayan as herein pro)ided, thetrial of hich had not yet commenced in the trial courts as of the date of its organi2ation shall betransferred to the Sandiganbayan, e4cept those cases filed in the military tribunals and those casesagainst military personnel hich shall remain in the military tribunals.

$ectio 9. (uthority over internal affairs. The Sandiganbayan shall administer its on internal affairsand may adopt such rules go)erning the constitution of its di)isions, the allocation of cases amongthem, the rotation of udges and other matters relating to its business.

$ectio 1. Proceedings free of charge; premature publicity prohibited. +ll proceedings in theSandiganbayan en banc or in di)ision shall be conducted at no cost to the complainant andAor hisitnesses.

No criminal complaint shall be gi)en due course by the Sandiganbayan e4cept upon a certificationby the #hief Special Prosecutor of the e4istence of probable cause to be determined after apreliminary in)estigation conducted in accordance ith e4isting las. No publicity shall be alloed

during the pendency of such preliminary in)estigation and the name of the complainant and theaccused shall not be made public until after an information is field ith the Sandiganbayan.

$ectio 11. (dministrative Personnel. Fpon recommendation of the Sandiganbayan, the Supreme#ourt may designate, from among the officers and employees under it, or appoint the personnelnecessary for the Sandiganbayan, including a #ler- of #ourt and three ;< Deputy #ler-s of #ourt&Pro)ided, hoe)er, that those designated shall not recei)e additional compensation, e4cept perdiems, tra)eling and necessary e4penses in accordance ith e4isting las and rules.



The #ler- of #ourt shall ha)e an annual compensation of P,000.00, and the deputy cler-s ofcourt, P1?,000.00. The #ler- of #ourt and deputy cler-s of court shall at least be members of thebar.

+ll subordinate employees of the Sandiganbayan shall be go)erned by the pro)isions of the #i)ilSer)ice a& Pro)ided, that the Sandiganbayan may, by resolution en banc, remo)e any of them for

cause.

$ectio 12. ffice of the Chief Special Prosecutor. The pro)isions of any la or rule to the contrarynotithstanding, the direction and control of the prosecution of cases mentioned in Section 7 hereof,shall be e4ercised by a #hief Special Prosecutor ho shall be assisted by one ;1< +ssistant #hiefSpecial Prosecutor and nine ;8< Special Prosecutors ho shall be appointed by the President. The#hief Special Prosecutor shall ha)e annual compensation of P0,000.00, the +ssistant #hief SpecialProsecutor of P?,000.00 and the Special Prosecutors of P7,000.00 hich shall not be diminishedduring their continuance in office.

The #hief Special Prosecutor, the +ssistant #hief and the Special Prosecutors shall ha)e e4clusi)eauthority to conduct preliminary in)estigations of all complaints filed ith the Sandiganbayan, to file

information and conduct the prosecution of all cases& Pro)ided, that the Secretary of ustice maydesignate any layer in the go)ernment ser)ice as special prosecutor or special counsel to assistthe #hief Special Prosecutor in conducting preliminary in)estigations and prosecuting cases beforethe Sandiganbayan.

The #hief Special Prosecutor, +ssistant #hief Special Prosecutor and Special Prosecutorsmentioned in the preceding paragraph shall ha)e the authority to administer oaths, to issuesubpoena and subpoena duces tecum, summon and compel itnesses to appear and testify underoath before them and to bring boo-s, documents or other things under their control and to secure theattendance or presence of any absent or recalcitrant itness through application before theSandiganbayan en banc or in di)ision or before any inferior or superior court ha)ing urisdiction ofthe place here the itness or e)idence may be found.

The #hief Special Prosecutor and his assistants shall be under the control of the Secretary ofustice.

$ectio 1/. ffice of Special )nvestigators. To assist the #hief Special Prosecutor in theperformance of his duties, the Secretary of ustice may, upon the recommendation of the #hiefSpecial Prosecutor, appoint such number of Special $n)estigators and subordinate personnel as maybe deemed necessary therefor andAor detail to the %ffice of the #hief Special Prosecutor any officeror employee of the Department of ustice or any ureau or %ffice under the e4ecuti)e super)isionthereof& Pro)ided, that those designated shall not recei)e additional compensation e4cept per diems,tra)eling and necessary e4penses in accordance ith e4isting la and rules. The %ffice of Special$n)estigators shall be under the #hief Special Prosecutor. The appointment of Special $n)estigatorsand subordinate personnel therein shall be subect to #i)il Ser)ice a and (ules.

!The Sandiganbayan may, upon proper, re5uest of the #hief Special Prosecutor, re5uire theassistance and ser)ices of any Department, +gency, or ureau of the go)ernment.

$ectio 14. Report to the President. The Sandiganbayan shall submit an annual report to thePresident including all disbursements of funds entrusted to it ithin to months from the end of theBiscal Gear.



$ectio 15. %unding. There is hereby immediately appropriated out of any funds in the NationalTreasury not otherise appropriated, such sums as may be necessary to carry out the pro)isions ofthis Decree and thereafter to be included in the general appropriation act. The appropriations for theSandiganbayan shall be automatically released in accordance ith a schedule submitted by theSandiganbayan.

$ectio 1+. Repealing Clause. +ny pro)ision of la, order, rule or regulation inconsistent ith thepro)isions of this Decree is hereby repealed or modified accordingly.

$ectio 17. *ffectivity. This Decree shall be part of the las of the land and shall ta-e effectimmediately.

Done in the #ity of anila, t



)RE$!ENT!A* ECREE No. 1++ ece3ber 1, 1978

RE-!$!N" )RE$!ENT!A* ECREE N%. 148+ CREAT!N" A $)EC!A* C%URT T% &E 0N%NA$ $AN!"AN&A'AN AN F%R %THER )UR)%$E$

C/"("+S, the ne #onstitution declares that a public office is a public trust and ordains that publicofficers and employees shall ser)e ith the highest degree of responsibility, integrity, loyalty andefficiency and shall remain at all times accountable to the people&

C/"("+S, to attain the highest norms of official conduct re5uired of public officers and employees,Section @, +rticle E$$$ of the Ne #onstitution pro)ides for the creation of a special court to be -nonas Sandiganbayan&

N%C, T/"("B%(", $, B"(D$N+ND ". +(#%S, President of the Philippines, by )irtue of thepoers in me )ested by the #onstitution, do hereby order and decree as follos:

$ectio 1. Sandiganbayan; composition; "ualifications; tenure; removal and composition. + special

court, of the same le)el as the #ourt of +ppeals and possessing all the inherent poers of a court of ustice, to be -non as the Sandiganbayan is hereby created composed of a Presiding ustice andeight +ssociate ustices ho shall be appointed by the President.

No person shall be appointed Presiding ustice or +ssociate ustice of the Sandiganbayan& unlesshe is a natural*born citi2en of the Philippines, at least 70 years of age and for at least ten years hasbeen a udge of a court of record or been engaged in the practice of la in the Philippines or hasheld office re5uiring admission to the bar as a pre*re5uisite for a li-e period.

The Presiding ustice shall be so designated in his commission and the other ustices shall ha)eprecedence according to the dates of their respecti)e commissions, or, hen the commissions ofto or more of them shall bear the same date, according to the order in hich their commissions

ha)e been issued by the President.

The Presiding ustice and the +ssociate ustices shall not be remo)ed from office e4cept onimpeachment upon the grounds and in the manner pro)ided for in Sections , and 7 of +rticle E$$$of the 189 #onstitution.

The Presiding ustice shall recei)e an annual compensation of P60,000.00 and each +ssociateustice P@@,000.00 hich shall not be diminished during their continuance in office. They shall ha)ethe same ran-, pri)ileges and other emoluments, be subect to the same inhibitions anddis5ualifications, and enoy the same retirement and other benefits as those pro)ided for undere4isting las of the Presiding ustice and +ssociate ustices of the #ourt of +ppeals.

Chene)er the salaries of the Presiding ustice and the +ssociate ustices of the #ourt of +ppealsare increased, such increases in salaries shall be correspondingly e4tended to and enoyed by thePresiding ustice and the +ssociate ustices of the Sandiganbayan.

They shall hold office until they reach the age of 6@ years or become incapacitated to discharge theduties of their office.

$ectio 2. fficial Station; Place of Holding Sessions. The Sandiganbayan shall ha)e its principaloffice in the etro anila area and shall hold sessions thereat for the trial and determination of all



cases filed ith it irrespecti)e of the place here they may ha)e arisen& Pro)ided, hoe)er, that thePresiding ustice may authori2e any di)ision or di)isions of court to hold sessions at any time andplace outside etro anila to hear and decide cases emanating from any of the e4isting udicialdistricts. Chene)er necessary, the Sandiganbayan may re5uire the ser)ices of the personnel andthe use of the facilities of any agency of the =o)ernment, national or local, including the courts offirst instance of the pro)ince here any of the di)isions is holding session, and those personnel of

such agencies or courts shall be subect to the orders of the Sandiganbayan.

$ectio /. +ivisions of the Courts; Quorum. The Sandiganbayan shall sit in three di)isions of threeustices each. The three di)isions may sit at the same time.

Three ustices shall constitute a 5uorum for session in di)ision& Pro)ided, that hen the re5uired5uorum cannot be had due to the legal dis5ualification or temporary disability of a ustice or of a)acancy occurring therein, the President shall, upon recommendation of the Presiding ustice,designate any ustice of the #ourt of +ppeals or udge of the #ourt of Birst $nstance or of the #ircuit#riminal #ourt of the udicial district concerned to sit temporarily therein.

$ectio 4. !urisdiction. The Sandiganbayan shall ha)e urisdiction o)er:

;a< 3iolations of (epublic +ct No. 018, as amended, otherise, -non as the +nti*=raft and#orrupt Practices +ct, and (epublic +ct No. 198&

;b< #rimes committed by public officers and employees including those employed ingo)ernment*oned or controlled corporations, embraced in Title 3$$ of the (e)ised Penal#ode, hether simple or comple4ed ith other crimes& and

;c< %ther crimes or offenses committed by public officers or employees, including thoseemployed in go)ernment*oned or controlled corporations, in relation to their office.

The urisdiction herein conferred shall be original and e4clusi)e if the offense charged is punishable

by a penalty higher than prision correccional, or its e5ui)alent, e4cept as herein pro)ided& in otheroffenses, it shall be concurrent ith the regular courts.

$n case pri)ate indi)iduals are charged as co*principals, accomplices or accessories ith the publicofficers or employees including those employed in go)ernment*oned or controlled corporations,they shall be tried ointly ith said public officers and employees.

Chere an accused is tried for any of the abo)e offenses and the e)idence is insufficient to establishthe offense charged, he may ne)ertheless be con)icted and sentenced for the offense pro)ed,included in that hich is charged.

+ny pro)ision of la or the (ules of #ourt to the contrary notithstanding, the criminal action and the

corresponding ci)il action for the reco)ery of ci)il liability arising from the offense charged shall at alltimes be simultaneously instituted ith, and ointly determined in the same proceeding by, theSandiganbayan, the filing of the criminal action being deemed to necessarily carry ith it the filing ofthe ci)il action, and no right to reser)e the filing of such action shall be recogni2ed& Pro)ided,hoe)er, that, in cases ithin the e4clusi)e urisdiction of the Sandiganbayan, here the ci)il actionhad therefore been filed separately ith a regular court but udgment therein has not yet beenrendered and the criminal case is hereafter filed ith the Sandiganbayan, said ci)il action shall betransferred to the Sandiganbayan for consolidation and oint determination ith the criminal action,otherise, the criminal action may no longer be filed ith the Sandiganbayan, its e4clusi)e



urisdiction o)er the same notithstanding, but may be filed and prosecuted only in the regularcourts of competent urisdiction& Pro)ided, further, that, in cases ithin the concurrent urisdiction ofthe Sandiganbayan and the regular courts, here either the criminal or ci)il action is first filed iththe regular courts, the corresponding ci)il or criminal action, as the case may be, shall only be filedith the regular courts of competent urisdiction.

"4cepted from the foregoing pro)isions, during martial la, are criminal cases against officers andmembers of the armed forces in the acti)e ser)ice.

$ectio 5. Proceedings& ho, conducted; votes re"uired. The unanimous )ote of the three ustices ina di)ision shall be necessary for the pronouncement of a udgment. $n the e)ent that the three

ustices do not reach a unanimous )ote, the Presiding udge shall designate to other ustices fromamong the members of the #ourt to sit temporarily ith them, forming a di)ision of fi)e ustices, andthe concurrence of a maority of such di)ision shall be necessary for rendering udgment.

$ectio +. #a$imum period for termination of cases. +s far as practicable, the trial of cases beforethe Sandiganbayan once commenced shall be continuos until terminated and the udgment shall berendered ithin three ;< months from the date the case as submitted for decision.

$ectio 7. %orm& finality and enforcement of decisions. Decisions and final orders of theSandiganbayan shall contain complete findings of facts on all issues properly raised before it.

+ petition for reconsideration of any final order or decision maybe filed ithin ;1@< days frompromulgation or notice of the final order or udgment, and such petition for reconsideration shall bedecided ithin thirty ;0< days from submission thereon.

Decisions and final orders shall be subect to re)ie on certiorari by the Supreme #ourt inaccordance ith (ule 7@ of the (ules of #ourt. The Supreme #ourt shall decide any case on appealpromptly and ithout the necessity of placing it upon the regular calendar. Chene)er, in any casedecided, the death penalty shall ha)e been imposed, the records shall be forarded to the Supreme

#ourt, hether the accused shall ha)e appealed or not, for re)ie and udgment, as la and usticeshall dictate.

Binal udgments and orders of the Sandiganbayan shall be e4ecuted and enforced in the mannerpro)ided by la.

$ectio 8. 'ransfer of cases. +s of the date of the effecti)ity of this decree, any case cogni2able bythe Sandiganbayan ithin its e4clusi)e urisdiction here none of the accused has been arraignedshall be transferred to the Sandiganbayan.

$ectio 9. Rule-maing Po,er. The Sandiganbayan shall ha)e the poer to promulgate its onrules of procedure and, pending such promulgation, the (ules of #ourt shall go)ern its proceedings.

$ectio 1. (uthority over internal affairs. The Sandiganbayan shall administer its on internalaffairs and may adopt such rules go)erning the constitution of its di)isions, the allocation of casesamong them, the rotation of ustices and other matters relating to its business.

$ectio 11. Proceeding free of charge. +ll proceedings in the Sandiganbayan shall be conducted atno cost to the complainant andAor his itnesses.



No criminal information or complaint shall be entertained by the Sandiganbayan e4cept upon acertification by the $n)estigating Prosecutor of the e4istence of a prima facie case to be determinedafter a preliminary in)estigation conducted in accordance ith applicable las and appro)ed by the#hief Special Prosecutor.

$ectio 12. (dministrative personnel. The Sandiganbayan shall reelect and appoint such personnel

as it may deem necessary to discharge its functions under this Decree including a #ler- of #ourt andthree ;< Deputy #ler-s of #ourt ho shall be members of the ar.

The #ler- of #ourt shall ha)e an annual compensation of P6,000.00 and the Deputy #ler-s of#ourt, P0,000.00.

+ll other subordinate employees of the Sandiganbayan shall be go)erned by the pro)isions of the#i)il Ser)ice a& Pro)ided, that the Sandiganbayan may, by resolution en banc, remo)e any ofthem for cause.

$ectio 1/. Report to the President. The Sandiganbayan shall submit an annual report to thePresident, including all disbursements of funds entrusted to it, ithin to months from the end of the

Biscal Gear.

$ectio 14. %unding. There is hereby immediately appropriated the sum of Bi)e illion Pesos;P@,000.00< out of any funds in the National Treasury to carry out the pro)isions of this Decree andthereafter to be included in the general appropriations act. The appropriations for theSandiganbayan shall be automatically released in accordance ith a schedule submitted by theSandiganbayan.

$ectio 15. Separability of Provisions. $f for any reason, any section or pro)ision of this Decree isdeclared to be unconstitutional or in)alid, other sections or pro)isions thereof hich are not affectedthereby, shall continue in full force and effect.

$ectio 1+. Repealing Clause. This Decree hereby repeals Presidential Decree No. 17?6 and allother pro)isions of la, =eneral %rders, Presidential Decrees, etters of $nstructions, rules orregulations inconsistent hereith.

$ectio 17. *ffectivity. This Decree shall ta-e effect immediately.

Done in the #ity of anila, this 10th day of December, in the year of %ur ord, nineteen hundred andse)enty*eight.

RU*E$ %F THE $AN!"AN&A'AN

Pursuant to the pro)isions of Section @ of +rticle E$$$ of the #onstitution of the Philippines, asimplemented by Presidential Decree No. 1606, the Sandiganbayan hereby adopts and promulgatesthe folloing rules to go)ern the conduct of its business.

RU*E !T!T*E AN C%N$TRUCT!%N



$ectio 1. 'itle of the Rules. These (ules shall be -non and cited as the (ules of theSandiganbayan.

$ectio 2. Construction. These (ules shall be liberally construed in order to promote their obecti)esand to achie)e a ust, e4peditious and ine4pensi)e determination of e)ery action and proceedingbefore the Sandiganbayan.

RU*E !!

C%NTR%* %F FUNCT!%N$ AN $UCCE$$!%N

$ectio 1. *$clusive Control. "4cept as otherise pro)ided by the #onstitution and PresidentialDecree No. 1606, the Sandiganbayan shall ha)e e4clusi)e control, direction and super)ision of allmatters pertaining to its internal affairs and the operation of its business.

$ectio 2. Succession in the ffice of the Presiding !ustice. $n case of )acancy in the position ofPresiding ustice of the Sandiganbayan or his temporary incapacity to e4ercise the poers andperform the duties of his office, the same shall de)ol)e upon the 5ualified most senior +ssociate

ustices until such incapacity is remo)ed or another Presiding ustice is appointed and has duly5ualified.

RU*E !!!

C%()%$!T!%N %F !-!$!%N$

$ectio 1. Ho, +ivisions Constituted. The Sandiganbayan shall consist of three di)isions hichshall be -non as the Birst Di)ision, Second Di)ision, and Third Di)ision, and shall each becomposed of Presiding ustice and the first to +ssociate ustices in the order of precedence as therespecti)e #hairmen& the ne4t three +ssociate ustices in the order of precedence as the respecti)esenior members& and the last three +ssociate ustices in the order of precedence as the respecti)e

unior members. /oe)er, until the entire complement of the Sandiganbayan shall ha)e beenappointed and 5ualified, the Presiding ustice and the to +ssociate ustices first appointed and5ualified shall constitute the Birst Di)ision.

$ectio 2. /acancy; Ho, %illed. $n case of any )acancy in the composition of a di)ision, hetherpermanent or temporary, the Presiding ustice may designate an +ssociate ustice of the #ourt, tobe determined by strict rotation on the basis of the re)erse order of precedence, to sit as a specialmember of said di)ision ith all the rights and prerogati)es of a regular member of said di)ision inthe trial and determination of cases assigned thereto, unless the operation of the other di)isions ofthe #ourt ill be preudiced thereby, in hich case, the procedure pro)ided in Section , (ule 3$$$ ofthese (ules shall apply.

RU*E !-F!*!N" %F CA$E$

$ectio 1. Proceedings %ree of Charge. +ll proceedings in the Sandiganbayan be conducted at nocost to the complainant andAor his itnesses.

$ectio 2. Preliminary )nvestigation 0ecessary. No criminal information or complaint shall beentertained by the Sandiganbayan e4cept upon a certification by the in)estigating Prosecutor of the



e4istence of a prima facie case to be determined after a preliminary in)estigation conducted inaccordance ith applicable las and appro)ed by the #hief Special Prosecutor.

$ectio /. 1here Cases %iled. +ll cases to be filed ith the Sandiganbayan shall be filed ith the%ffice of the #ler- of #ourt of the Sandiganbayan hich shall be open for the purpose of recei)ingcomplaints, information, motions and the li-e from eight to tel)e o>cloc- in the morning and tel)e

thirty to four*thirty o>cloc- in the afternoon, on ondays to Bridays, e4cept on public or specialholidays.

RU*E -!$TR!&UT!%N AN C%N$%*!AT!%N %F CA$E$

$ectio 1. +istribution of Cases. +ll cases filed ith the Sandiganbayan shall be allotted among thethree di)isions for hearing and decision by raffle to be conducted by a (affle #ommittee composedof the Presiding ustice and the to most senior +ssociate ustices a)ailable, on such days as mayhereafter be fi4ed by the Presiding ustice depending upon the need for such raffle to be made in)ie of the number of cases filed, ith notice to the interested parties ho may, if they so desire, bepresent therein by themsel)es or through counsel.

$ectio 2. Consolidation of Cases. #ases arising from the same incident on series of incidents, orin)ol)ing common 5uestions of fact and la, may, in the discretion of Sandiganbayan, beconsolidated in only one di)ision. 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 forpurposes of the raffle& but, should the propriety of such consolidation may be affected upon motion of an interested party filed ith the di)ision ta-ing cogni2ance of the case to be consolidated and, ifgranted, consolidation shall be made in the di)ision before hich the case ith the loest number ispending. $n either case, the di)ision in hich consolidation is effected shall be entitled to be creditedin the distribution of cases ith the same number of cases transferred to it to the end that alldi)isions shall, as much as possible, recei)e more or less the same number of cases filed ith theSandiganbayan.

$ectio /. (ssignment of Cases Permanent. #ases assigned to a di)ision of the Sandiganbayan inaccordance ith these (ules shall remain ith said di)ision notithstanding changes in thecomposition thereof and all matters raised therein shall be deemed to be submitted for considerationand adudication by any and all of the ustices ho are members of the di)ision aforesaid at the timesaid matters are ta-en up, irrespecti)e of hether they ere or ere not members of the di)ision atthe time the case as first assigned thereto: Pro)ided, hoe)er, That only ustices ho aremembers of the di)ision at the time a case is submitted for decision shall ta-e part in theconsideration and adudication of said case, unless any such member thereafter ceases to be amember of the Sandiganbayan for any reason hatsoe)er in hich case any ustice chosen to fillthe )acancy in accordance ith the manner pro)ided in Section , (ule $$$, of these (ules shallparticipate in the consideration and adudication of said case& Pro)ided, lastly, that theSandiganbayan en banc may, for special or compelling reasons, transfer cases from one di)ision

thereof to another.

RU*E -!)R%CE$$E$

Processes and rits of the Sandiganbayan hich by their nature or by pro)ision of e4isting las orthe (ules of #ourt are to be issued under the signature of a udge or a ustice shall be signed bythe #hairman of the di)ision concerned: Pro)ided, That if there is an urgent necessity for theissuance thereof before the case is raffled to a di)ision, the same shall be signed by the Presiding



ustice. $n the absence of the Presiding ustice or the #hairman aforesaid, the process or rit shallbe signed by the senior +ssociate ustice in the Sandiganbayan or in the di)isions concerned,respecti)ely. +ll other processes or rits issued upon authority of the Sandiganbayan or a di)isionthereof shall be signed by the #ler- of #ourt or, in his absence, by the Deputy #ler- of #ourt of thedi)ision concerned.

RU*E -!!&A!*

$ectio 1. Ho, (mount %i$ed; (pproval. The amount of bail to be posted in cases in theSandiganbayan shall be fi4ed by the #hairman of the di)ision thereof to hich they are assigned&and such bail may be appro)ed by any ustice of the Sandiganbayan, but preferably by a ustice ofthe di)ision concerned: Pro)ided, hoe)er, That here the accused is arrested, detained orotherise placed in custody outside the etropolitan anila area, any udge of the #ourt of Birst$nstance or #ircuit #riminal #ourt may accept and appro)e the bail for his appearance before thedi)ision to hich his case is assigned and release him, and shall inform the di)ision issuing the order of arrest of his action, forarding thereto the papers in this case.

$ectio 2. Condition of the Bail. The condition of the bail is that the accused shall appear andanser the complaint or information in the di)ision of the Sandiganbayan to hich it is assigned ortransferred for trial and submit himself to the orders and processes thereof and, after con)iction, ifthe case is appealed to the Supreme #ourt, that he ill surrender himself for the e4ecution of such

udgment as the Supreme #ourt may render& or, that, in case the cause is to be tried ane orremanded for a ne trial, he ill appear in the di)ision to hich it may be remanded and submithimself to the orders and processes thereof.

RU*E -!!!$E$$!%N$ AN TR!A*

$ectio 1. Ho, Sessions Held. The Sandiganbayan shall for administrati)e purposes, sit en banc&and, for the trial and determination of cases, sit in three di)isions of three ustices each. The threedi)isions may sit at the same time.

$ectio 2. Presiding fficer. Sessions of the Sandiganbayan en banc shall be presided by thePresiding ustice& hereas sessions in di)ision shall be presided by the respecti)e #hairman ofeach di)ision. $n the absence of the Presiding ustice or the #hairman of a di)ision, as the case maybe, the +ssociate ustice attending the session en banc or in di)ision ho is first in the order ofprecedence and able to preside, shall do so.

$ectio /. Quorum. Bi)e ustices shall constitute a 5uorum for sessions en banc, and three usticesfor sessions in di)ision: Pro)ided, That hen a 5uorum andAor the )otes re5uired for a resolution ordecision of the Sandiganbayan, either en banc or in di)ision, or the trial or hearing of cases cannotbe had due to the legal dis5ualification or temporary disability of a ustice or of a )acancy occurring

therein, the President shall, upon recommendation of the Presiding ustice, designate any ustice ofthe #ourt of +ppeals, udge of the #ourt of Birst $nstance or of the #ircuit #riminal #ourt to sittemporarily therein.

$ectio 4. Place of Holding Sessions. Sessions of the Sandiganbayan, hether en banc or indi)ision, shall be held in the place of its principal office in the etropolitan anila area here it shalltry and determine all cases filed ith it irrespecti)e of the place here they may ha)e arisen:Pro)ided, hoe)er, That the Presiding ustice may authori2e any di)ision or di)isions of the #ourt tohold sessions at any time and place outside etropolitan anila to hear and decide cases



emanating therefrom. Bor this purpose and hene)er necessary, the Sandiganbayan may re5uirethe ser)ices of the personnel and the use of the facilities of any agency of the =o)ernment, nationalor local, including the #ourts of Birst $nstance or #ircuit #riminal #ourt of the pro)ince or city hereany of the di)isions is holding session, and those personnel of such agencies or courts shall besubect to the orders of the Sandiganbayan.

$ectio 5. 'ime of Holding Sessions. Sessions of the Sandiganbayan en banc may be called at anytime by the Presiding ustice or at the instance at least fi)e +ssociate ustices. Sessions for the trialof cases cogni2able by it shall be held on such days and at such times as the di)isions thereof may,by order and upon notice to the parties concerned, fi4.

$ectio +. Pre-trial )n"uest. +fter the arraignment of an accused ho pleads not guilty, the di)isionconcerned shall, ithout preudice to the in)ocation by the accused of his constitutional rights, directthe prosecutor and the accused and his counsel to appear before any of the ustices thereof for aconference to consider&

;a< +dmissions of facts about hich there can be no dispute&

;b< ar-ing for identification of documentary or real e)idence of the parties&

;c< Cai)er of obections to admissibility of e)idence&

;d< Procedure on obections here there are multiple counsel&

;e< %rder of presentation of e)idence and arguments here there are multiple accused&

;f< %rder of cross*e4amination here there are multiple accused& and

;g< Such other matter as ill promote a fair and e4peditious termination of the trial.

+fter the pre*trial in5uest, a pre*trial order shall be issued by the +ssociate ustice presiding theconference reciting the actions andAor proceedings ta-en thereat, the admissions of facts made, thedocuments and real e)idence mar-ed, and the agreement entered into by the parties as to any ofthe matters ta-en up therein. Such order shall limit the issues for trial to those not disposed of by theadmissions or agreements of the parties and hen entered shall blind the parties and control thecourse of the action during the trial, on appeal, and in post*con)iction proceedings, unless modifiedby the di)ision concerned before trial to pre)ent manifest inustice.

RU*E !(%T!%N$

$ectio 1. #otion +ay. The first hours of the morning session of the di)isions e)ery Briday shall be

de)oted to the hearing of motions, unless, upon motion of an interested party and for specialreasons, the di)ision concerned shall fi4 another day for the hearing of any particular motion.

$ectio 2. Resolution on )nterlocutory or )ncidental #otions. (ulings on all ritten motionssubmitted to the Sandiganbayan or any di)ision thereof for resolution shall be reached inconsultation among the ustices participating in the consideration thereof: Pro)ided, hoe)er, Thatrulings on oral motions or on obections made in the course of the trial or hearing shall be handeddon by the #hairman of the di)ision concerned.



RU*E #U"(ENT

$ectio 1. /otes 0ecessary to +ecide. The unanimous )ote of three ustices in a di)ision shall benecessary for the rendition of a udgment or order. $n the e)ent that the three ustices do not reach aunanimous )ote, the Presiding ustice shall designated by raffle to ustices from among the other

members of the Sandiganbayan to sit temporarily ith them forming a special di)ision of fi)eustices, and the )ote of a maority of such special di)ision shall be necessary for the rendition of a

udgment or order.

$ectio 2. Procedure in +eciding Cases. The conclusions of a di)ision of the Sandiganbayan in anycase submitted to it for decision shall be reached in consultation before the case is assigned to austice for the riting of the opinion of the di)ision. +ny ustice dissenting from a udgment shallstate the reasons for his dissent.

$ectio /. #a$imum Period to +ecide Cases. The udgment or final order of a di)ision of theSandiganbayan shall be rendered ithin three ;< months from the date the case as submitted fordecision.

$ectio 4. Borm of udgment and final order of a di)ision of the Sandiganbayan shall containcomplete findings of fact and a statement of the la on all issues properly raised before it.

RU*E !)R%(U*"AT!%N %F #U"(ENT

+ udgment of a di)ision of the Sandiganbayan shall be promulgated by reading the udgment orsentence in the presence of the accused and any ustice of the di)ision hich rendered the same:Pro)ided, That, if the accused is confined or detained in a place outside etropolitan anila or ofthe city or pro)ince in hich any di)ision of the Sandiganbayan is sitting at the time of suchpromulgation, the udgment may, upon delegation by the di)ision concerned be promulgated by any

udge of the #ourt of Birst $nstance or #ircuit #riminal #ourt ha)ing urisdiction o)er the place ofconfinement or detention, in hich e)ent the #ourt so promulgating the udgment shall ha)eauthority to accept and appro)e the appeal bond.

RU*E !!)ET!T!%N F%R REC%N$!ERAT!%N

Cithin fifteen ;1@< days from the promulgation or notice of a udgment or final order of a di)ision ofthe Sandiganbayan, unless said udgment or order had in the meantime otherise attained finality, apetition for the reconsideration thereof may be filed upon the grounds, in the form and subect to there5uirements, for motions for ne trial in criminal cases under (ule 11 of the (ules of #ourt, andsuch petition for reconsideration shall be decided ithin thirty ;0 days from submission thereof.

RU*E !!!RE-!E %F #U"(ENT$ AN F!NA* %RER$

$ectio 1. #ethod of Revie,. + party may appeal from a udgment or final order of a di)ision of theSandiganbayan by filing ith the Supreme #ourt a petition for certiorari in accordance ith (ule 7@of (ules of #ourt and by ser)ing a copy thereof to the Sandiganbayan.



Chene)er, in any case decided, the death penalty shall ha)e been imposed, the records shall beforarded to the Supreme #ourt, hether the accused shall ha)e appealed or not, for re)ie and

udgment, as la and ustice shall dictate.

$ectio 2. Bail Pending (ppeal. +n accused ho has been released on bail shall not committed to ail upon con)iction pending the e4piration of the period for appeal or pending an appeal seasonably

ta-en, e4cept hen the penalty imposed is reclusion perpetua or death, in hich case, the accusedmay forthith be committed to ail after promulgation of the sentence. The di)ision of theSandiganbayan concerned, hoe)er, may, for good cause, cancel the bond or increase the amountof bail and commit the accused into custody pending appeal, unless he gi)es bail in the increasedamount. The surely shall also be responsible for the surrender or the accused after udgment shallha)e become final.

RU*E !-)U&*!CAT!%N %F EC!$!%N$

Cith the consent of the respecti)e riters thereof, the decisions of the Sandiganbayan may bepublished in the %fficial =a2ette in the language in hich they ha)e been originally ritten. The

syllabi for the decisions shall be prepared by the #ler- of #ourt in consultation ith riters thereof.

RU*E -A))*!CA&!*!T' %F THE RU*E$ %F C%URT

"4cept as otherise herein pro)ided or as may hereafter be modified from time to time by theSandiganbayan and insofar as practicable, the (ules of #ourt shall go)ern proceedings in theSandiganbayan.

RU*E -!$EA* %F THE $AN!"AN&A'AN

The seal of the Sandiganbayan shall be of standard si2e, circular in form, consisting of toconcentric circles as its margin, ith the inscription, running from left to right, on the upper margin ofthe ord !Sandiganbayan! and on the loer margin of the ords !(epubli-a ng Pilipinas!& ith 16stars, representing the e4isting 16 udicial districts, immediately along the outer edge of the innercircle& and ith a design at the center of a triangle, ith a trisected area composed of the nationalcolors of hite on its upper part, blue on the left and red on the right, ith the ords !H+T+P+T+N!on the right side, !H+P+N+=FT+N! on the left side, and !H+(+N=++N! on the base& a star ineach corner of the triangle representing u2on, 3isayas and indanao& and a bolo inside the triangleon hich is superimposed a balance.

RU*E -!!$E)ARA&!*!T' C*AU$E

$f, for any reason, any section or pro)ision of these (ules shall be held to be unconstitutional orin)alid, no other section or pro)ision thereof shall be effected thereby.

RU*E -!!!EFFECT!-!T'

The (ules shall ta-e effect upon appro)al.



Done in the #ity of anila, this 10th day of anuary, in the year of %ur ord, nineteen hundred andse)enty*nine.



PRESIDENTIAL DECREE NO. 1861

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 andemployees 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 asfollows:

“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 totheir 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 andemployees.

“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, andthe 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.

Documents

Crim Jurisdiction -App Laws