QuestionsQuestions (Republic Act No. 8249)
Republic Act No. 8249. It amended Presidential Decree No. 1606, as amended.
It is composed of a presiding justice and fourteen associate justices, appointed by the President.
Its principal office is in the Metro Manila area. It may authorize divisions to hold sessions outside Metro Manila whenever the presiding justice so authorizes, and where the interest of justice so requires, even outside the territorial boundaries of the Philippines.
Cases originating from Luzon, Visayas, or Mindanao shall be heard in their respective regions of origin, except when greater convenience of the accused and witnesses or other compelling considerations require otherwise.
In all cases involving violations of RA 3019 (Anti-Graft and Corrupt Practices Act), RA 1379, and specified provisions of the Revised Penal Code (Title VII, Book II, Chapter II), where one or more accused occupy specific government positions at the time of commission (e.g., regional director and higher in the executive branch, members of Congress, members of the judiciary, constitutional commission members, and other Grade 27 and up national/local officials; also including specified military/PNP positions).
Yes. The text provides that the cases fall within exclusive original jurisdiction when “one or more of the accused” are officials occupying the enumerated positions.
The proper regional trial court, metropolitan trial court, municipal trial court, or municipal circuit trial court, pursuant to their respective jurisdictions under BP Blg. 129, as amended.
Other offenses or felonies (simple or complexed with other crimes) committed by the public officials/employees mentioned in Section 4(a) in relation to their office; and certain civil and criminal cases filed pursuant to Executive Orders Nos. 1, 2, 14, and 14-A issued in 1986.
Exclusive appellate jurisdiction over final judgments, resolutions, or orders of regional trial courts whether in their original jurisdiction or appellate jurisdiction, as provided in the amended decree.
It includes petitions for mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs/processes in aid of its appellate jurisdiction, and petitions of similar nature (including quo warranto) arising or that may arise in cases filed or to be filed under EO Nos. 1, 2, 14, and 14-A, with the caveat that this jurisdiction is not exclusive of the Supreme Court.
No. The statute states that Sandiganbayan’s jurisdiction over these petitions shall not be exclusive of the Supreme Court.
The procedure in BP Blg. 129 and implementing Supreme Court rules relative to appeals/petitions for review to the Court of Appeals applies to appeals/petitions for review filed with the Sandiganbayan.
The Office of the Ombudsman, through its special prosecutor, represents the People in all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court (except in cases filed under EO 1, 2, 14, 14-A).
Private individuals charged as co-principals, accomplices, or accessories with the public officers/employees (including those in GOCCs) are tried jointly with said public officers and employees in the proper courts which exercise exclusive jurisdiction over them.
They must at all times be simultaneously instituted and jointly determined in the same proceeding by the Sandiganbayan or appropriate courts; filing the criminal action is deemed to carry with it the filing of the civil action, and separate civil action reservation is not recognized.
The civil action must be transferred to the Sandiganbayan or appropriate court for consolidation and joint determination with the criminal action; otherwise, the separate civil action is deemed abandoned.
A petition for reconsideration may be filed within fifteen (15) days from promulgation or notice, and it must be decided within thirty (30) days from submission.
By petition for review on certiorari raising pure questions of law in accordance with Rule 45. Additionally, if the penalty imposed is reclusion perpetua, life imprisonment, or death, the decision is appealable to the Supreme Court as prescribed in the Rules of Court.
When the imposed penalty is death, review by the Supreme Court is automatic whether or not the accused files an appeal.