Question & AnswerQ&A (PRESIDENTIAL DECREE No. 1606)
The Sandiganbayan is a special court of the same level as the Court of Appeals, possessing all inherent powers of a court of justice, created to try cases involving public officers and employees with alleged violations of certain laws and crimes related to their office.
The Sandiganbayan is composed of one Presiding Justice and eight Associate Justices. Qualifications include being a natural-born citizen of the Philippines, at least 40 years old, and having at least ten years experience as a judge of a court of record, engaged in the practice of law, or holding an office requiring admission to the bar.
The justices hold office until they reach the age of 65 years or become incapacitated to discharge their duties.
The Sandiganbayan has jurisdiction over violations of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), crimes under Title VII of the Revised Penal Code committed by public officers and employees, and other crimes committed by these officers in relation to their office. Its jurisdiction is original and exclusive for offenses punishable by penalties higher than prision correccional, and concurrent with regular courts for others.
The Sandiganbayan sits in three divisions of three Justices each. A quorum for session in division is three Justices.
If the three justices do not reach a unanimous vote, the Presiding Justice shall designate two other justices to sit temporarily with them to form a division of five justices. A majority vote of this five-justice division is required to render judgment.
The principal office of the Sandiganbayan is in Metro Manila, where it holds sessions for all cases regardless of origin. The Presiding Justice can authorize divisions to hold sessions outside Metro Manila to hear cases from those judicial districts.
Yes, all proceedings are conducted free of charge to complainants and witnesses.
Yes, the Sandiganbayan has the power to promulgate its own rules of procedure. Pending such promulgation, the Rules of Court shall govern its proceedings.
No criminal complaint shall be entertained unless there is a certification by the Investigating Prosecutor of the existence of a prima facie case after a preliminary investigation, which must also be approved by the Chief Special Prosecutor.