Creation of Sandiganbayan Special Court

Station, sessions, and support

Section 2 requires the Sandiganbayan to have its principal office in the Metro Manila Area.
Section 2 authorizes the Presiding Judge to authorize divisions to hold sessions outside Metro Manila to hear and decide cases emanating from existing judicial districts.
Section 2 empowers the Sandiganbayan to require services and facilities of any government agency (national or local), including courts of first instance of the province where a division holds sessions.
Section 2 makes required personnel of other agencies or courts subject to the order of the Sandiganbayan.

Quorum and manner of sitting

Section 3 establishes quorum rules: five (5) judges constitute a quorum for sessions en banc, and two (2) judges constitute a quorum for sessions in division.
Section 3 authorizes temporary designation if quorum or the majority needed for decisions cannot be had due to a judge’s legal disqualification, temporary disability, or vacancy: the President, upon recommendation of the Presiding Judge, designates any judge of the court of first instance or circuit criminal court from the concerned judicial district to sit temporarily.
Section 3 provides for court structure in practice: the Sandiganbayan as a body sits en banc, but it may sit in three (3) divisions of three (3) judges each.
Section 3 allows simultaneous operation: the three (3) divisions may sit at the same time.
Section 3 sets presiding rules: if the Presiding Judge is present, the Presiding Judge presides (whether en banc or in division); if absent, the Associate Judge first in precedence presides.

Original jurisdiction and covered offenses

Section 4 grants the Sandiganbayan original and exclusive jurisdiction to try and decide violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, and Republic Act No. 1379.
Section 4 grants jurisdiction over crimes committed by public officers or employees, including those employed in government-owned or controlled corporations, embraced in Title VII of the Revised Penal Code.
Section 4 grants jurisdiction over other crimes or offenses committed by public officers or employees, including those in government-owned or controlled corporations, in relation to their office.
Section 4 requires joint trial of private individuals when charged with participation: if private individuals are accused as principals, accomplices or accessories in crimes covered under Section 4, they are tried jointly with the concerned public officers or employees.
Section 4 authorizes conviction for an included offense: if the accused is charged with an offense in relation to office and the evidence is insufficient to establish that charged offense, the accused may nevertheless be convicted and sentenced for the offense included in the charged offense.
Section 4 includes civil suits connected with covered crimes: civil suits for restitution or reparation of damages, recovery of the instruments and effect of the crimes, or forfeiture proceedings under Republic Act No. 1379.
Section 4 includes certain civil actions under the Civil Code: civil actions brought under Articles 32 and 34 of the Civil Code.
Section 4 provides an exception for martial law: during the period of martial law, criminal cases against officers and members of the Armed Forces of the Philippines and all others who fall under the exclusive jurisdiction of military tribunals are excepted from the foregoing provisions.
Section 4 vests trial discretion on related participation: when a private individual is included as principal/accomplice/accessory with covered public officers/employees, the joint trial mandate applies.

Constitutional officers and required votes

Section 5 requires that all cases involving constitutional officers be heard and decided by the Sandiganbayan en banc.
Section 5 requires joint en banc trial when constitutional officers are sued jointly with non-constitutional persons or private individuals: if a non-constitutional officer or employee or a private individual is charged or sued jointly with a constitutional officer under Section 4, all are tried jointly by the Sandiganbayan en banc.
Section 5 provides that other cases may be tried and decided by a division.
Section 5 sets voting requirements: an affirmative vote of five (5) judges is necessary for a decision en banc.
Section 5 sets divisional voting: an affirmative vote of two (2) judges in a division is necessary for promulgation of a judgment.

Speed and continuity of trials

Section 6 mandates continuity as far as practicable: once trial before the Sandiganbayan en banc or in division has commenced, it shall be continuous until terminated.
Section 6 sets a decision deadline: the judgment en banc or in division shall be rendered within three (3) months from the date the case was submitted for decision.

Decisions, review, reconsideration, and enforcement

Section 7 requires that decisions and final orders contain complete findings of fact on all issues properly raised before the Sandiganbayan.
Section 7 provides Supreme Court review standards by type of composition:
- Decisions and final orders en banc are subject to review by the Supreme Court in accordance with Rule 45 of the Rules of Court.
- Decisions and final orders of a division are appealable under Rule 42 of the Rules of Court.
Section 7 requires prompt appellate disposition: the Supreme Court shall hear and decide any case on appeal promptly and without the necessity of placing it upon the regular calendar.
Section 7 requires automatic forwarding of records in cases with extreme penalties: when the death penalty or life imprisonment is imposed by the Sandiganbayan en banc or by a division, the records shall be forwarded to the Supreme Court whether the accused appealed or not, for review and judgment as law and justice dictate.
Section 7 allows reconsideration: any party may file a petition for reconsideration of any order or decision of the Sandiganbayan en banc or in division within fifteen (15) days from receipt of a certified copy.
Section 7 sets the reconsideration decision deadline: the petition for reconsideration shall be decided by the Sandiganbayan en banc or in division within thirty (30) days from submission thereof.
Section 7 provides execution authority: final judgments and orders of the Sandiganbayan en banc or in division are executed and enforced in the manner provided for in the Rules of Court.

Case transfer at organization

Section 8 directs that all cases cognizable by the Sandiganbayan under Section 4 whose trial had not yet commenced in the trial courts as of the date of organization shall be transferred to the Sandiganbayan.
Section 8 excludes cases filed in military tribunals and cases against military personnel: those cases remain with military tribunals.

Internal administration and procedural governance

Section 9 grants the Sandiganbayan authority to administer its own internal affairs.
Section 9 allows adoption of internal rules on constitution of divisions, allocation of cases among divisions, rotation of judges, and other matters relating to its business.

Free proceedings and publicity limits

Section 10 provides that proceedings in the Sandiganbayan en banc or in division are conducted at no cost to the complainant and/or his witnesses.
Section 10 prohibits the Sandiganbayan from giving due course to a criminal complaint unless the Chief Special Prosecutor certifies the existence of probable cause, to be determined after a preliminary investigation conducted in accordance with existing laws.
Section 10 mandates publicity restrictions during preliminary investigation: no publicity is allowed during the pendency of the preliminary investigation.
Section 10 restricts naming of parties before filing: the name of the complainant and the accused shall not be made public until after an information is filed with the Sandiganbayan.

Administrative personnel and civil service rules

Section 11 authorizes staffing after recommendation: upon recommendation of the Sandiganbayan, the Supreme Court may designate personnel from among officers and employees under it or appoint necessary personnel for the Sandiganbayan, including a Clerk of Court and three (3) Deputy Clerks of Court.
Section 11 limits compensation increases: designated personnel receive no additional compensation except per diems, traveling and necessary expenses in accordance with existing laws and rules.
Section 11 fixes compensation amounts: the Clerk of Court receives PHP 23,000.00 annually; each Deputy Clerk of Court receives PHP 18,000.00 annually.
Section 11 requires legal qualification: the Clerk of Court and deputy clerks of court must be members of the bar.
Section 11 applies civil service governance: all subordinate employees of the Sandiganbayan are governed by the Civil Service Law.
Section 11 authorizes discipline/removal: the Sandiganbayan, by resolution en banc, may remove subordinate employees for cause.

Prosecution structure under Chief Special Prosecutor

Section 12 vests direction and control of prosecution of cases under Section 4 in a Chief Special Prosecutor, notwithstanding any law or rule to the contrary.
Section 12 establishes prosecutorial assistance: the Chief Special Prosecutor is assisted by one (1) Assistant Chief Special Prosecutor and nine (9) Special Prosecutors, all appointed by the President.
Section 12 fixes prosecutorial compensation and non-diminution: PHP 30,000.00 annually for the Chief Special Prosecutor; PHP 28,000.00 annually for the Assistant Chief Special Prosecutor; and PHP 24,000.00 annually for Special Prosecutors, not diminished during continuance in office.
Section 12 grants exclusive authority for key prosecutorial acts: the Chief Special Prosecutor and the Assistant Chief and Special Prosecutors conduct preliminary investigations of all complaints filed with the Sandiganbayan, and file informations and conduct prosecution of all cases.
Section 12 authorizes DOJ-assistance: the Secretary of Justice may designate any lawyer in the government service as special prosecutor or special counsel to assist the Chief Special Prosecutor in preliminary investigations and prosecution before the Sandiganbayan.
Section 12 grants investigative and subpoena powers: the Chief Special Prosecutor and the Assistant Chief Special Prosecutor and Special Prosecutors may administer oaths, issue subpoena and subpoena duces tecum, summon and compel witnesses to appear and testify under oath, and bring books, documents, or other things under their control.
Section 12 authorizes attendance enforcement: they may secure the attendance or presence of any absent or recalcitrant witness through application before the Sandiganbayan en banc or in division or before any inferior or superior court having jurisdiction of the place where the witness or evidence may be found.
Section 12 places supervision: the Chief Special Prosecutor and his assistants are under the control of the Secretary of Justice.

Special Investigators and support powers

Section 13 authorizes the Secretary of Justice, upon recommendation of the Chief Special Prosecutor, to appoint Special Investigators and subordinate personnel as necessary, and/or detail DOJ officers or employees to the Office of the Chief Special Prosecutor.
Section 13 limits compensation: appointees/designates do not receive additional compensation except per diems, traveling and necessary expenses in accordance with existing law and rules.
Section 13 makes the Office of Special Investigators part of the prosecutorial structure: it is under the Chief Special Prosecutor.
Section 13 applies civil service controls: appointment of Special Investigators and subordinate personnel in the office is subject to the Civil Service Law and Rules.
Section 13 empowers case assistance requests: the Sandiganbayan may, upon proper request of the Chief Special Prosecutor, require assistance and services of any Department, Agency, or Bureau of the government.

Reporting, funding, and final legal effects

Section 14 requires annual reporting: the Sandiganbayan submits an annual report to the President including all disbursements of funds entrusted to it within two months from the end of the Fiscal Year.
Section 15 directs immediate appropriation: necessary sums are immediately appropriated out of any funds in the National Treasury not otherwise appropriated to carry out the decree, and thereafter are included in the general appropriation act.
Section 15 mandates release schedule: appropriations for the Sandiganbayan are automatically released in accordance with a schedule submitted by the Sandiganbayan.
Section 16 repeals inconsistent law: any provisions of law, order, rule, or regulation inconsistent with the decree are repealed or modified accordingly.
Section 17 provides effectivity: the decree takes effect immediately and becomes part of the laws of the land.

Issuance details and effectivity date

The decree is Presidential Decree No. 1486.
It is dated June 11, 1978.
It is signed by FERDINAND E. MARCOS, President of the Philippines.
It is signed “By the President” by JUAN C. TUVERA, Presidential Assistant.
Section 17 states the decree takes effect immediately.