QuestionsQuestions (PRESIDENTIAL DECREE NO. 1486)
PD 1486 creates a special court known as the Sandiganbayan. It is a court of justice with all inherent powers of a court, and it consists of a Presiding Judge and eight (8) Associate Judges.
The Sandiganbayan is composed of a Presiding Judge and eight (8) Associate Judges, who are appointed by the President.
The appointee must be: (1) a natural-born citizen of the Philippines; (2) at least 40 years of age; and (3) for at least 10 years, either been a judge of a court of record or engaged in the practice of law in the Philippines, or held an office requiring admission to the bar as a prerequisite for the same period.
The Presiding Judge and the Associate Judges shall not be removed from office except on impeachment, upon the grounds and in the manner provided in Sections 2 and 3 of Article III of the 1973 Constitution.
The Presiding Judge is paid an annual compensation of P60,000.00 and each Associate Judge P50,000.00, not diminished during continuance. They hold office until age 65 or when incapacitated to discharge their duties.
Its principal office is in the Metro Manila area. The Presiding Judge may authorize divisions to hold sessions outside Metro Manila at any time and place to hear and decide cases emanating from existing judicial districts.
Five (5) judges constitute a quorum for sessions en banc, and two (2) judges for sessions in division.
The President, upon recommendation of the Presiding Judge, shall designate any judge of the court of first instance or the circuit criminal court of the judicial district concerned to sit temporarily in the Sandiganbayan.
As a body, it shall sit en banc, but it may sit in three (3) divisions of three (3) judges each. The three divisions may sit at the same time.
If the Presiding Judge is present, he presides whether en banc or in division. In his absence, the Associate Judge attending first in precedence shall preside.
It has original and exclusive jurisdiction to try and decide violations of RA 3019 (as amended) and RA 1379.
It covers crimes committed by public officers or employees (including those in GOCCs) embraced in Title VII of the Revised Penal Code; and other crimes/offenses committed by public officers or employees (including those in GOCCs) in relation to their office. Private individuals accused as principals/accomplices/accessories are tried jointly with the public officers or employees.
If the accused is charged with an offense in relation to his office and the evidence is insufficient to establish that offense, he may nevertheless be convicted and sentenced for the offense included in that which is charged.
Civil suits brought for restitution or reparation of damages, recovery of instruments and effect of the crimes, or forfeiture proceedings under RA 1379; and civil actions under Articles 32 and 34 of the Civil Code.
During martial law, criminal cases against officers and members of the Armed Forces of the Philippines and all others under the exclusive jurisdiction of military tribunals are excluded from the Sandiganbayan’s jurisdiction.
Cases involving constitutional officers must be heard and decided by the Sandiganbayan en banc. If a non-constitutional officer/employee or private individual is jointly charged with a constitutional officer, all are tried jointly by the en banc. En banc decisions require the affirmative vote of five (5) judges; division judgments require the affirmative vote of two (2) judges.
As far as practicable, once trial in en banc or division has commenced, it should be continuous until terminated. The judgment should be rendered within three (3) months from the date the case was submitted for decision.
Decisions and final orders en banc are subject to review by the Supreme Court under Rule 45; decisions of a division are appealable under Rule 42. The Supreme Court should decide promptly without placing the case on the regular calendar. If the death penalty or life imprisonment is imposed, records must be forwarded to the Supreme Court whether or not the accused appealed.
Any party may file a petition for reconsideration within fifteen (15) days from receipt of a certified copy. The petition is decided by the Sandiganbayan en banc or in division (depending on where the decision was rendered) within thirty (30) days from submission.