Law Summary
Procedures for Quorum Shortage Due to Disqualification or Vacancy
- In cases where a division cannot meet the quorum because of legal disqualification, temporary disability, or vacancy of a Justice:
- The Presiding Justice may designate an Associate Justice of the Court (chosen by strict rotation based on reverse order of precedence) to serve temporarily in the division.
- The designated Justice shall have full rights and prerogatives of a regular member of that division concerning the trial and determination of cases assigned.
Special Measures When Quorum Still Cannot Be Met
- If the appointment of an Associate Justice as special member would gravely prejudice the operation of the court:
- The President, upon recommendation of the Presiding Justice, may temporarily designate one or more Justices from the Court of Appeals to sit in the Sandiganbayan division.
Effectivity and Legal Authority
- This amendment to Section 3 of Presidential Decree No. 1606 takes effect immediately.
- It was issued under the constitutional powers of the President of the Philippines.
- The purpose is to expedite proceedings before the Sandiganbayan by ensuring quorum and operational efficiency.