Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1486)
The Sandiganbayan is a special court created by Presidential Decree No. 1486 to try and decide cases involving violations of the Anti-Graft and Corrupt Practices Act, crimes committed by public officers or employees, and other related offenses, reflecting the principle that public office is a public trust.
The Sandiganbayan is composed of a Presiding Judge and eight Associate Judges, all appointed by the President. Judges must be natural-born Filipino citizens, at least 40 years old, and must have been judges of a court of record or engaged in legal practice or held office requiring admission to the bar for at least ten years.
Judges hold office until age 65 or incapacitation and cannot be removed except by impeachment. The Presiding Judge receives an annual salary of P60,000.00 while Associate Judges receive P50,000.00, with these salaries protected from diminution during their tenure.
The Sandiganbayan's main office is in Metro Manila, but the Presiding Judge may authorize it to hold sessions at other locations outside Metro Manila to hear cases from other judicial districts.
A quorum requires at least five judges for en banc sessions and two judges for division sessions. If a quorum is lacking, the President may designate temporary judges from courts of first instance or circuit criminal courts.
The Sandiganbayan has jurisdiction over violations of the Anti-Graft and Corrupt Practices Act, crimes by public officers or employees (including those in government corporations) related to their office, civil suits related to these crimes, and forfeiture proceedings.
Cases involving constitutional officers must be heard and decided by the Sandiganbayan en banc, and when they are jointly charged with non-constitutional officers or private individuals, the entire case is heard en banc.
Decisions en banc require the affirmative vote of five judges, while decisions in a division require at least two affirmative votes from the three-judge division.
All proceedings are free of cost to complainants and their witnesses. No criminal complaint is accepted without a certification of probable cause by the Chief Special Prosecutor, and publicity is prohibited during preliminary investigations until an information is filed.
The Chief Special Prosecutor, assisted by an Assistant Chief and Special Prosecutors appointed by the President, has exclusive control over prosecuting cases before the Sandiganbayan, including conducting preliminary investigations and filing charges.