Covered court and institutional changes
- Presidential Decree No. 1606, as amended, is further amended to further define the Sandiganbayan’s jurisdiction (Sections 1–5).
- The Sandiganbayan is created as a special court “of the same level as the Court of Appeals,” possessing “all the inherent powers of a court of justice,” known as the Sandiganbayan (Section 1).
- The Sandiganbayan is composed of a presiding justice and fourteen associate justices, appointed by the President (Section 1).
Official station and session holding
- The Sandiganbayan has its principal office in the Metro Manila area (Section 2).
- The Sandiganbayan holds sessions at its principal office for the trial and determination of cases filed with it (Section 2).
- Cases originating from Luzon, Visayas, or Mindanao are heard in their respective regions of origin, subject to exceptions (Section 2).
- The presiding justice must authorize divisions to hold sessions any time and place outside Metro Manila, and—where the interest of justice so requires—outside the territorial boundaries of the Philippines (Section 2).
- When a division holds sessions outside Metro Manila, the Sandiganbayan may require services of personnel and use of facilities of courts or other government offices, and such personnel are subject to the Sandiganbayan’s orders (Section 2).
Exclusive original jurisdiction: who and what
- The Sandiganbayan exercises exclusive original jurisdiction in all cases involving violations of:
- Republic Act No. 3019, as amended (Anti-graft and Corrupt Practices Act);
- Republic Act No. 1379; and
- Chapter II, Section 2, Title VII, Book II of the Revised Penal Code,
where one or more accused are officials occupying specified positions at the time of the commission of the offense (Section 4(a)).
- The “positions in the government” that trigger Sandiganbayan exclusive original jurisdiction include, among others, officials occupying:
- Executive branch positions of regional director and higher, otherwise classified as Grade “27” and higher under Republic Act No. 6758 (Section 4(a)(1)).
- Members of Congress and officials thereof classified as Grade “27” and up under Republic Act No. 6758 (Section 4(a)(2)).
- Members of the judiciary, without prejudice to the Constitution (Section 4(a)(3)).
- Chairmen and members of Constitutional Commissions, without prejudice to the Constitution (Section 4(a)(4)).
- All other national and local officials classified as Grade “27” and higher under Republic Act No. 6758 (Section 4(a)(5)).
- Specific Grade “27 and higher” examples in the executive branch include:
- Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads (Section 4(a)(1)(a));
- City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads (Section 4(a)(1)(b));
- Diplomatic service officials occupying the position of consul and higher (Section 4(a)(1)(c));
- Philippine army and air force colonels, naval captains, and all officers of higher rank (Section 4(a)(1)(d));
- Philippine National Police officers while occupying the position of provincial director and those holding the rank of senior superintendent or higher (Section 4(a)(1)(e));
- City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor (Section 4(a)(1)(f));
- Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations (Section 4(a)(1)(g)) (Section 4(a)(1)).
- The Sandiganbayan’s exclusive original jurisdiction also extends to:
- Other offenses or felonies, whether simple or completed with other crimes, committed by the public officials and employees described above in relation to their office (Section 4(b)).
- The Sandiganbayan exercises exclusive original jurisdiction over civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986 (Section 4(c)).
- If none of the accused occupy positions corresponding to Salary Grade “27” or higher under Republic Act No. 6758, or the military and PNP officers mentioned above, exclusive original jurisdiction lies in the proper trial courts under Batas Pambansa Blg. 129, as amended, based on their respective jurisdictions (Section 4).
Appellate jurisdiction and ancillary writs
- The Sandiganbayan has exclusive appellate jurisdiction over final judgments, resolutions or orders of regional trial courts, whether those decisions are in the exercise of the RTC’s own original jurisdiction or its appellate jurisdiction provided under the decree, as amended (Section 4).
- The Sandiganbayan has exclusive original jurisdiction over petitions for the issuance of:
- mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction; and
- petitions of similar nature, including quo warranto,
arising or may arise in cases filed under Executive Order Nos. 1, 2, 14 and 14-A issued in 1986 (Section 4).
- Jurisdiction over these petitions is not exclusive of the Supreme Court (Section 4).
- For appeals and petitions for review filed with the Sandiganbayan, the procedure in Batas Pambansa Blg. 129 and implementing rules promulgated and to be promulgated by the Supreme Court on appeals/petitions for review to the Court of Appeals applies (Section 4).
- In cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special prosecutor, represents the People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A issued in 1986 (Section 4).
Private accused and joint proceedings
- When 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 must be tried jointly with the public officers and employees in the proper courts that exercise exclusive jurisdiction over them (Section 4).
- The rule on joint trial applies where jurisdiction is determined by the “proper courts” exercising exclusive jurisdiction for the accused (Section 4).
Simultaneous criminal and civil actions
- The criminal action and the corresponding civil action for the recovery of civil liability must be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts; the filing of the criminal action is deemed to necessarily carry with it the filing of the civil action (Section 4).
- No right exists to reserve the filing of the civil action separately from the criminal action (Section 4).
- If the civil action had been filed separately but judgment has not yet been rendered, and the criminal case is later filed with the Sandiganbayan or the appropriate court, the civil action must be transferred for consolidation and joint determination (Section 4).
- If the civil action is not transferred for consolidation under the above condition, the separate civil action is deemed abandoned (Section 4).
Decisions, reconsideration, review, execution
- All Sandiganbayan decisions and final orders determining the merits or finally disposing of a case must contain complete findings of facts and law on all issues properly raised and necessary to decide the case (Section 5).
- A petition for reconsideration of any final order or decision must be filed within fifteen (15) days from promulgation or notice of the final order or judgment (Section 5).
- The petition for reconsideration must be decided within thirty (30) days from submission (Section 5).
- Decisions and final orders of the Sandiganbayan are appealable to the Supreme Court by petition for review on certiorari, raising pure questions of law, in accordance with Rule 45 of the Rules of Court (Section 5).
- When the penalty of reclusion perpetua, life imprisonment, or death is imposed, the decision is appealable to the Supreme Court in the manner prescribed in the Rules of Court (Section 5).
- Judgments and orders of the Sandiganbayan are executed and enforced in the manner provided by law (Section 5).
- Final decisions and orders of other courts in cases cognizable by them under this decree, or rendered by them in their appellate jurisdiction, are appealable to or reviewable by the Sandiganbayan in the manner provided by Rule 122 of the Rules of Court (Section 5).
- When the imposed penalty by the Sandiganbayan or the regional trial court is death, review by the Supreme Court is automatic, whether or not the accused files an appeal (Section 5).
Funds, transitory application, separability, repeal
- The amount necessary for the initial implementation of RA No. 8249 is charged against the current fiscal year appropriations of the Sandiganbayan (Section 6).
- Thereafter, sums needed for continued implementation must be included in the annual General Appropriations Act (Section 6).
- RA No. 8249 applies to all cases pending in any court over which trial has not begun as of the approval of the Act (Section 7).
- If any provision of RA No. 8249 is declared unconstitutional or invalid, the remaining parts not affected remain in full force and effect (Section 8).
- All acts, decrees, general orders, circulars, or parts inconsistent with RA No. 8249 are repealed or modified accordingly (Section 9).