Legal Basis and Amended Law
- Republic Act No. 10660 further amends Presidential Decree No. 1606, as amended.
- Republic Act No. 10660 amends Section 3 of Presidential Decree No. 1606 to address the constitution of divisions and quorum of the Sandiganbayan.
- Republic Act No. 10660 amends Section 4 of Presidential Decree No. 1606 to address the Sandiganbayan’s jurisdiction.
- Republic Act No. 10660 amends Section 5 of Presidential Decree No. 1606 to address proceedings and decision-making.
Sandiganbayan Division Structure and Quorum
- The Sandiganbayan sits in seven (7) divisions, with three (3) members each.
- For sessions in divisions, two (2) members constitute a quorum.
- If the required quorum for a division cannot be met due to legal disqualification, temporary incapacity of a member, or a vacancy, the Presiding Justice may designate a member of another division.
- The designation must be determined by strict rotation based on the reverse order of precedence.
- The designated member sits as a special member of the division and has all rights and prerogatives of a regular member for the trial and determination of the assigned case or cases.
Exclusive Original and Appellate Jurisdiction
- The Sandiganbayan exercises exclusive original jurisdiction in all cases involving violations of:
- Republic Act No. 3019 (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.
- The Sandiganbayan’s exclusive original jurisdiction covers such cases even if the officials are in a permanent, acting, or interim capacity.
- The covered officials include executive branch officials occupying positions of Grade a27 and higher under Republic Act No. 6758 (Compensation and Position Classification Act of 1989), including:
- Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads;
- City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;
- Diplomatic service officials occupying the position of consul and higher;
- Philippine army and air force colonels, naval captains, and all officers of higher rank;
- Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher;
- City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; and
- Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations.
- The covered officials also include:
- Members of Congress and officials thereof classified as Grade a27 and higher under Republic Act No. 6758;
- Members of the judiciary, without prejudice to the provisions of the Constitution;
- Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and
- All other national and local officials classified as Grade a27 and higher under Republic Act No. 6758.
- The Sandiganbayan exercises exclusive original jurisdiction over other offenses or felonies, whether simple or complexed with other crimes, committed by the public officials and employees mentioned above in relation to their office.
- The Sandiganbayan has 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.
- A jurisdictional proviso applies: the Regional Trial Court has exclusive original jurisdiction when the information:
- does not allege any damage to the government or any bribery, or
- alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).
- Where trial is to proceed: cases falling under the Regional Trial Court jurisdiction are tried in a judicial region other than where the official holds office, subject to rules promulgated by the Supreme Court.
- Where none of the accused occupy positions corresponding to Salary Grade a27 and higher (or military and PNP officers mentioned), exclusive original jurisdiction is vested in the proper regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their respective jurisdictions under Batas Pambansa Blg. 129, as amended.
- The Sandiganbayan exercises exclusive appellate jurisdiction over final judgments, resolutions or orders of regional trial courts, whether those RTCs acted in:
- their own original jurisdiction, or
- their appellate jurisdiction as provided in the jurisdiction rules.
- The Sandiganbayan has exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or to be filed under Executive Order Nos. 1, 2, 14 and 14-A (1986).
- Petition jurisdiction over these extraordinary writs is not exclusive of the Supreme Court.
- For appeals and petitions for review: the procedure prescribed in Batas Pambansa Blg. 129, including Supreme Court implementing rules on appeals/petitions for review to the Court of Appeals, applies to appeals and petitions for review filed with the Sandiganbayan.
- 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 (1986).
- If 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.
- A compulsory joinder rule applies: the criminal action and the corresponding civil action for recovery of civil liability must be simultaneously instituted and jointly determined in the same proceeding by the Sandiganbayan or the appropriate courts, with the filing of the criminal action deemed to necessarily carry the civil action.
- A separate right to reserve filing of the civil action independently from the criminal action is not recognized.
- If the civil action was previously filed separately but judgment has not yet been rendered, and the criminal case is later filed with the Sandiganbayan or appropriate court, the civil action must be transferred to the Sandiganbayan or appropriate court for consolidation and joint determination; otherwise, the separate civil action is deemed abandoned.
Proceedings and Majority Vote
- In each division, all three (3) members must deliberate on all matters submitted for judgment, decision, final order, or resolution.
- The concurrence of a majority of the division’s members is necessary to render a judgment, decision, or final order, or to resolve interlocutory or incidental motions.
Funding and Appropriations
- The amount necessary to carry out the implementation of Republic Act No. 10660 is charged against the current appropriations of the Sandiganbayan.
- After that, sums needed for full implementation must be included in the annual General Appropriations Act.
Transitory Application of Amendments
- Republic Act No. 10660 applies to all cases pending in the Sandiganbayan where trial has not begun.
- Section 2 (amending Section 4 on Jurisdiction) and Section 3 (amending Section 5 on Proceedings, How Conducted; Decision by Majority Vote) apply to cases arising from offenses committed after the effectivity of Republic Act No. 10660.
Separability, Repeal, and Effect on Prior Rules
- If any provision or part of Republic Act No. 10660 is declared unconstitutional, the other provisions or parts not affected remain valid and effective.
- All laws, decrees, orders, and issuances, or portions inconsistent with Republic Act No. 10660, are repealed, amended, or modified accordingly.