08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvador Tranquil

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvador Tranquil27

ContentsPART I.1A.Venue in Criminal Cases is Jurisdictional1a.1 Section 15, Rule 110, Rules of Criminal Procedure1a.2 Section 21, Chapter V, Republic Act 10175 otherwise known as the Cybercrime Prevention Act of 20121a.3 Section 58, Republic Act 9372 otherwise known as the Human Security Act of 20072a.4 Article 2, Revised Penal Code2[CASES]2B.Jurisdiction over the offense charged21. Republic Act 76912F.Creation of the Sandiganbayan4APPLICABLE LAWS41. Section 4, Article XI of the 1987 Constitution42. Presidential Decree 1486 dated June 11, 197843. Presidential Decree 1606 dated December 10, 197874. Presidential Decree 1861145. Republic Act 7995 approved March 10, 1995156. Republic Act 8249 approved February 5, 199717I.Jurisdiction of the Ombudsman20APPLICABLE LAW20i.1. Republic Act No. 6770 otherwise known as the Ombudsman Act of 198920

PART I.A.Venue in Criminal Cases is Jurisdictionala.1 Section 15, Rule 110, Rules of Criminal ProcedureSection 15. Place where action is to be instituted. (a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory: Where the offense was committed; or Where any of its essential ingredients occurred.(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory: Where such train, aircraft or other vehicle passed during such its trip; Including the place of its departure; and Place of its arrival.(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried, subject to the generally accepted principles of international law, in the court of: The first port of entry; or Any municipality or territory where the vessel passed during such voyage. (d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed.a.2 Section 21, Chapter V, Republic Act 10175 otherwise known as the Cybercrime Prevention Act of 2012SEC. 21. Jurisdiction. The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act, including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed: Within the Philippines; With the use of any computer system wholly or partly situated in the country; or When by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.a.3 Section 58, Republic Act 9372 otherwise known as the Human Security Act of 2007SEC. 58. Extra-Territorial Application of this Act. Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of this Act shall apply: (1) To individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) To individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) To individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) To individual persons who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (5) To individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime; and (6) To individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government.a.4 Article 2, Revised Penal CodeArt. 2. Application of its provisions. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any (a) coin or (b) currency note of the Philippine Islands or (c) obligations and (d) securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against (a) national security and (b) the law of nations, defined in Title One of Book Two of this Code.B.Jurisdiction over the offense charged1. Republic Act 76911. Republic Act 7691AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS PAMBANSA, BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF 1980"Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act of 1980", is hereby amended to read as follows:"Sec. 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive original jurisdiction."(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;"(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;"(3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (P200,000.00);"(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two Hundred thousand pesos (P200,000.00);"(5) In all actions involving the contract of marriage and marital relations;"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;"(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and"(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of the abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)."Section 2. Section 32 of the same law is hereby amended to read as follows:"Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Criminal Cases. Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:"(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and"(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof."Section 3. Section 33 of the same law is hereby amended to read as follows:"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Civil Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:"(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: Provided, further, That where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions;"(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the questions of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and"(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots."Section 4. Section 34 of the same law is hereby amended to read as follows:"Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts."Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00): Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos (P400,000.00).Section 6. All laws, decrees, and orders inconsistent with the provisions of this Act shall be considered amended or modified accordingly.Section 7. The provisions of this Act shall apply to all civil cases that have not yet reached the pre-trial stage. However, by agreement of all the parties, civil cases cognizable by municipal and metropolitan courts by the provisions of this Act may be transferred from the Regional Trial Courts to the latter. The executive judge of the appropriate Regional Trial Courts shall define the administrative procedure of transferring the cases affected by the redefinition of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.Section 8. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) national newspapers of general circulation.Approved: March 25, 1994

F.Creation of the SandiganbayanAPPLICABLE LAWS1. Section 4, Article XI of the 1987 ConstitutionSection 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.2. Presidential Decree 1486 dated June 11, 1978PRESIDENTIAL DECREE No. 1486CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSESWHEREAS, the New Constitution declares that a public office is a public trust and ordains that public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at all times accountable to the people;WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5, Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan;NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution and pursuant to Proclamation No. 1081, dated September 21, 1972, do hereby order and decree as follows:Section 1. Sandiganbayan; Composition; Qualifications; tenure; removal and compensation. A special court, possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan is hereby created composed of a Presiding Judge and eight (8) Associate Judges who shall be appointed by the President and shall be subject to the same inhibitions and/or disqualifications as judges of courts of first instance.No person shall be appointed Presiding Judge or Associate Judge of the Sandiganbayan, unless he is a natural-born citizen of the Philippines, at least 40 years of age and for at least ten (10) years or more had been a judge of a court of record or been engaged in the practice of law in the Philippines or has held office requiring admission to the bar as a prerequisite for a like period.The Presiding Judge shall be so designated in his commission and the other judges shall have precedence according to the dates of their respective commissions, or when the commissions of two (2) or more of them shall hear the same date, according to the order in which their commissions have been issued by the President.The Presiding Judge and the Associate Judges shall not be removed from office except on impeachment upon the grounds and in the manner provided for in Sections 2 and 3 of Article III of the 1973 Constitution.The Presiding Judge shall receive an annual compensation of P60,000.00 and each Associate Judge P50,000.00 which shall not be diminished during their continuance in office.They shall hold office until they reach the age of 65 years or become incapacitated to discharge the duties of their office.Section 2. Official Station; Place of Holding Sessions. The Sandiganbayan shall have its principal office in the Metro Manila Area; Provided, however, that the Presiding Judge may authorize any division or divisions of the court to hold sessions at any time and place outside Metro Manila to hear and decide cases emanating from any of the existing judicial districts.Whenever necessary, the Sandiganbayan may require the services of the personnel and the use of the facilities of any agency of the Government, national or local, including the courts of first instance of the province where any of the divisions is holding session and those personnel of such agencies or courts shall be subject to the order of the Sandiganbayan.Section 3. Quorum. Five judges shall constitute a quorum for sessions en banc, and two judges for sessions in division; Provided, that when a quorum and/or the majority required for a decision of the Sandiganbayan either en banc or in division, or the trial or hearing of cases cannot be had due to the legal disqualification or temporary disability of a judge or of a vacancy occurring therein, the President shall, upon recommendation of the Presiding Judge, designate any judge of the court of first instance or of the circuit criminal court of the judicial district concerned to sit temporarily therein.The Sandiganbayan shall, as a body, sit en banc but it may sit in three (3) divisions of three (3) judges each. The three (3) divisions may sit at the same time.If the Presiding Judge is present in any session of the court, whether en banc or in division, he shall preside. In his absence the Associate Judge attending who is first in precedence shall preside.Section 4. Jurisdiction. Except as herein provided, the Sandiganbayan shall have original and exclusive jurisdiction to try and decide:(a) Violations of RA 3019, as amended (the Anti-Graft and Corrupt Practices Act) and RA 1379 (Act Declaring Forfeiture in Favor of the State of Any Property Found to have been Unlawfully Acquired by Any Public Officer or Employee);(b) 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 (Crimes Committed by Public Officers);(c) Other crimes or offenses committed by public officers or employees including those employed in government-owned or controlled corporations in relation to their office Provided, that, in case private individuals are accused as principals, accomplices or accessories in the commission of the crimes hereinabove mentioned, they shall be tried jointly with the public officers or employees concerned. Where the accused is charged of an offense in relation to his office and the evidence is insufficient to establish the offense so charged, he may nevertheless be convicted and sentenced for the offense included in that which is charged.(d) Civil suits brought in connection with the aforementioned crimes for: Restitution or reparation of damages; Recovery of the instruments and effects of the crimes; or Forfeiture proceedings provided for under RA 1379;(e) Civil actions brought under Articles 32 and 34 of the Civil Code.Exception from the foregoing provisions during the period of material law are criminal cases against officers and members of the Armed Forces of the Philippines, and all others who fall under the exclusive jurisdiction of the military tribunals.Section 5. Proceedings against constitutional officers; votes required. All cases involving constitutional officers shall be heard and decided by the Sandiganbayan en banc; Provided, that when a non-constitutional officer or employee or private individual is charged or sued jointly with a constitutional officer under Section 4 hereof, they shall all be tried jointly by the Sandiganbayan en banc. All other cases may be tried and decided by a division.The affirmative vote of five (5) judges is necessary for a decision of the Sandiganbayan en banc. The affirmative vote of two judges in a division shall be necessary for the promulgation of a judgment.Section 6. Maximum period for termination of cases. As far as practicable, the trial of cases before the Sandiganbayan en banc or in division once commenced shall be continuous until terminated and the judgment en banc or in division shall be rendered within three (3) months from the date the case was submitted for decision.Section 7. Form, finality and enforcement of decisions; petitions for reconsideration. Decisions and final orders of the Sandiganbayan shall contain complete findings of fact on all issues properly raised before it. Decisions and final orders en banc shall be subject to review by the Supreme Court in accordance with Rule 45 of the Rules of Court; and Those of a division shall be appealable under Rule 42 thereof The Supreme Court shall hear and decide any case on appeal promptly and without the necessity of placing it upon the regular calendar. Whenever, in any case decided by the Sandiganbayan en banc or by a division thereof, the death penalty of life imprisonment shall have been imposed, the records shall be forwarded to the Supreme Court, whether the accused shall have appealed or not, for review and judgment, as law and justice shall dictate.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 of such order or decision and such petition for reconsideration shall be decided by the Sandiganbayan en banc or in division, as the case may be, within thirty (30) days from submission thereof.Final judgments and orders of the Sandiganbayan en banc or in division shall be executed and enforced in the manner provided for in the Rules of Court.Section 8. Transfer of cases. All cases cognizable by the Sandiganbayan as herein provided, the trial of which had not yet commenced in the trial courts as of the date of its organization shall be transferred to the Sandiganbayan, except those cases filed in the military tribunals and those cases against military personnel which shall remain in the military tribunals.Section 9. Authority over internal affairs. The Sandiganbayan shall administer its own internal affairs and may adopt such rules governing the constitution of its divisions, the allocation of cases among them, the rotation of judges and other matters relating to its business.Section 10. Proceedings free of charge; premature publicity prohibited. All proceedings in the Sandiganbayan en banc or in division shall be conducted at no cost to the complainant and/or his witnesses.No criminal complaint shall be given due course by the Sandiganbayan except upon a certification by the Chief Special Prosecutor of the existence of probable cause to be determined after a preliminary investigation conducted in accordance with existing laws. No publicity shall be allowed during the pendency of such preliminary investigation and the name of the complainant and the accused shall not be made public until after an information is field with the Sandiganbayan.Section 11. Administrative Personnel. Upon recommendation of the Sandiganbayan, the Supreme Court may designate, from among the officers and employees under it, or appoint the personnel necessary for the Sandiganbayan, including a Clerk of Court and three (3) Deputy Clerks of Court; Provided, however, that those designated shall not receive additional compensation, except per diems, traveling and necessary expenses in accordance with existing laws and rules.The Clerk of Court shall have an annual compensation of P23,000.00, and the deputy clerks of court, P18,000.00. The Clerk of Court and deputy clerks of court shall at least be members of the bar.All subordinate employees of the Sandiganbayan shall be governed by the provisions of the Civil Service Law; Provided, that the Sandiganbayan may, by resolution en banc, remove any of them for cause.Section 12. Office of the Chief Special Prosecutor. The provisions of any law or rule to the contrary notwithstanding, the direction and control of the prosecution of cases mentioned in Section 4 hereof, shall be exercised by a Chief Special Prosecutor who shall be assisted by one (1) Assistant Chief Special Prosecutor and nine (9) Special Prosecutors who shall be appointed by the President. The Chief Special Prosecutor shall have annual compensation of P30,000.00, the Assistant Chief Special Prosecutor of P28,000.00 and the Special Prosecutors of P24,000.00 which shall not be diminished during their continuance in office.The Chief Special Prosecutor, the Assistant Chief and the Special Prosecutors shall have exclusive authority: To conduct preliminary investigations of all complaints filed with the Sandiganbayan; To file information; and To conduct the prosecution of all cases.Provided, that 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 conducting preliminary investigations and prosecuting cases before the Sandiganbayan.The Chief Special Prosecutor, Assistant Chief Special Prosecutor and Special Prosecutors mentioned in the preceding paragraph shall have the authority to administer oaths, to issue subpoena and subpoena duces tecum, summon and compel witnesses to appear and testify under oath before them and to bring books, documents or other things under their control and to 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.The Chief Special Prosecutor and his assistants shall be under the control of the Secretary of Justice.Section 13. Office of Special Investigators. To assist the Chief Special Prosecutor in the performance of his duties, the Secretary of Justice may, upon the recommendation of the Chief Special Prosecutor, appoint such number of Special Investigators and subordinate personnel as may be deemed necessary therefor and/or detail to the Office of the Chief Special Prosecutor any officer or employee of the Department of Justice or any Bureau or Office under the executive supervision thereof; Provided, that those designated shall not receive additional compensation except per diems, traveling and necessary expenses in accordance with existing law and rules. The Office of Special Investigators shall be under the Chief Special Prosecutor. The appointment of Special Investigators and subordinate personnel therein shall be subject to Civil Service Law and Rules."The Sandiganbayan may, upon proper, request of the Chief Special Prosecutor, require the assistance and services of any Department, Agency, or Bureau of the government.Section 14. Report to the President. The Sandiganbayan shall submit 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. Funding. There is hereby immediately appropriated out of any funds in the National Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Decree and thereafter to be included in the general appropriation act. The appropriations for the Sandiganbayan shall be automatically released in accordance with a schedule submitted by the Sandiganbayan.Section 16. Repealing Clause. Any provision of law, order, rule or regulation inconsistent with the provisions of this Decree is hereby repealed or modified accordingly.Section 17. Effectivity. This Decree shall be part of the laws of the land and shall take effect immediately.Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.3. Presidential Decree 1606 dated December 10, 1978PRESIDENTIAL DECREE No. 1606 December 10, 1978REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSESWHEREAS, the new Constitution declares that a public office is a public trust and ordains that public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at all times accountable to the people;WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5, Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan;NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree as follows:Section 1. Sandiganbayan; composition; qualifications; tenure; removal and composition. A special court, of the same level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan is hereby created composed of a Presiding Justice and eight Associate Justices who shall be appointed by the President.No person shall be appointed Presiding Justice or Associate Justice of the Sandiganbayan; unless he is a natural-born citizen of the Philippines, at least 40 years of age and for at least ten years has been a judge of a court of record or been engaged in the practice of law in the Philippines or has held office requiring admission to the bar as a pre-requisite for a like period.The Presiding Justice shall be so designated in his commission and the other Justices shall have precedence according to the dates of their respective commissions, or, when the commissions of two or more of them shall bear the same date, according to the order in which their commissions have been issued by the President.The Presiding Justice and the Associate Justices shall not be removed from office except on impeachment upon the grounds and in the manner provided for in Sections 2, 3 and 4 of Article XIII of the 1973 Constitution.The Presiding Justice shall receive an annual compensation of P60,000.00 and each Associate Justice P55,000.00 which shall not be diminished during their continuance in office. They shall have the same rank, privileges and other emoluments, be subject to the same inhibitions and disqualifications, and enjoy the same retirement and other benefits as those provided for under existing laws of the Presiding Justice and Associate Justices of the Court of Appeals.Whenever the salaries of the Presiding Justice and the Associate Justices of the Court of Appeals are increased, such increases in salaries shall be correspondingly extended to and enjoyed by the Presiding Justice and the Associate Justices of the Sandiganbayan.They shall hold office until they reach the age of 65 years or become incapacitated to discharge the duties of their office.Section 2. Official Station; Place of Holding Sessions. The Sandiganbayan shall have its principal office in the Metro Manila area and shall hold sessions thereat for the trial and determination of all cases filed with it irrespective of the place where they may have arisen; Provided, however, that the Presiding Justice may authorize any division or divisions of court to hold sessions at any time and place outside Metro Manila to hear and decide cases emanating from any of the existing judicial districts. Whenever necessary, the Sandiganbayan may require the services of the personnel and the use of the facilities of any agency of the Government, national or local, including the courts of first instance of the province where any of the divisions is holding session, and those personnel of such agencies or courts shall be subject to the orders of the Sandiganbayan.Section 3. Divisions of the Courts; Quorum. The Sandiganbayan shall sit in three divisions of three Justices each. The three divisions may sit at the same time.Three Justices shall constitute a quorum for session in division; Provided, that when the required quorum cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the President shall, upon recommendation of the Presiding Justice, designate any Justice of the Court of Appeals or Judge of the Court of First Instance or of the Circuit Criminal Court of the judicial district concerned to sit temporarily therein.Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:(a) Violations of RA 3019, as amended (the Anti-Graft and Corrupt Practices Act) and RA 1379 (Act Declaring Forfeiture in Favor of the State of Any Property Found to have been Unlawfully Acquired by Any Public Officer or Employee); (b) Crimes committed by public officers and employees including those employed in government-owned or controlled corporations, embraced in Title VII of the Revised Penal Code (Crimes Committed by Public Officers), whether simple or complexed with other crimes; and(c) Other crimes or offenses committed by public officers or employees, including those employed in government-owned or controlled corporations, in relation to their office.The jurisdiction herein conferred shall be: Original and exclusive, if the offense charged is punishable by a penalty higher than prision correccional, or its equivalent, except as herein provided; Concurrent with the regular courts, in other offensesIn case 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 shall be tried jointly with said public officers and employees.Where an accused is tried for any of the above offenses and the evidence is insufficient to establish the offense charged, he may nevertheless be convicted and sentenced for the offense proved, included in that which is charged.Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted with, and jointly determined in the same proceeding by, the Sandiganbayan, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such (civil) action shall be recognized;Provided, however, that, in cases within the exclusive jurisdiction of the Sandiganbayan, (a) where the civil action had therefore been filed separately with a regular court, (b) but judgment therein has not yet been rendered and (c) the criminal case is hereafter filed with the Sandiganbayan, said civil action shall be transferred to the Sandiganbayan for consolidation and joint determination with the criminal action; Otherwise, the criminal action may no longer be filed with the Sandiganbayan, its exclusive jurisdiction over the same notwithstanding, but may be filed and prosecuted only in the regular courts of competent jurisdiction; Provided, further, that, in cases within the concurrent jurisdiction of the Sandiganbayan and the regular courts, where either the criminal or civil action is first filed with the regular courts, the corresponding civil or criminal action, as the case may be, shall only be filed with the regular courts of competent jurisdiction.Excepted from the foregoing provisions, during martial law, are criminal cases against officers and members of the armed forces in the active service.Section 5. Proceedings, how conducted; votes required. The unanimous vote of the three justices in a division shall be necessary for the pronouncement of a judgment. In the event that the three justices do not reach a unanimous vote, the Presiding Judge shall designate two other justices from among the members of the Court to sit temporarily with them, forming a division of five justices, and the concurrence of a majority of such division shall be necessary for rendering judgment.Section 6. Maximum period for termination of cases. As far as practicable, the trial of cases before the Sandiganbayan once commenced shall be continuos until terminated and the judgment shall be rendered within three (3) months from the date the case was submitted for decision.Section 7. Form, finality and enforcement of decisions. Decisions and final orders of the Sandiganbayan shall contain complete findings of facts on all issues properly raised before it.A petition for reconsideration of any final order or decision maybe filed within (15) days from promulgation or notice of the final order or judgment, and such petition for reconsideration shall be decided within thirty (30) days from submission thereon.Decisions and final orders shall be subject to review on certiorari by the Supreme Court in accordance with Rule 45 of the Rules of Court. The Supreme Court shall decide any case on appeal promptly and without the necessity of placing it upon the regular calendar. Whenever, in any case decided, the death penalty shall have been imposed, the records shall be forwarded to the Supreme Court, whether the accused shall have appealed or not, for review and judgment, as law and justice shall dictate.Final judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by law.Section 8. Transfer of cases. As of the date of the effectivity of this decree, any case cognizable by the Sandiganbayan within its exclusive jurisdiction where none of the accused has been arraigned shall be transferred to the Sandiganbayan.Section 9. Rule-making Power. The Sandiganbayan shall have the power to promulgate its own rules of procedure and, pending such promulgation, the Rules of Court shall govern its proceedings.Section 10. Authority over internal affairs. The Sandiganbayan shall administer its own internal affairs and may adopt such rules governing the constitution of its divisions, the allocation of cases among them, the rotation of justices and other matters relating to its business.Section 11. Proceeding free of charge. All proceedings in the Sandiganbayan shall be conducted at no cost to the complainant and/or his witnesses.No criminal information or complaint shall be entertained by the Sandiganbayan except upon a certification by the Investigating Prosecutor of the existence of a prima facie case to be determined after a preliminary investigation conducted in accordance with applicable laws and approved by the Chief Special Prosecutor.Section 12. Administrative personnel. The Sandiganbayan shall reelect and appoint such personnel as it may deem necessary to discharge its functions under this Decree including a Clerk of Court and three (3) Deputy Clerks of Court who shall be members of the Bar.The Clerk of Court shall have an annual compensation of P36,000.00 and the Deputy Clerks of Court, P30,000.00.All other subordinate employees of the Sandiganbayan shall be governed by the provisions of the Civil Service Law; Provided, that the Sandiganbayan may, by resolution en banc, remove any of them for cause.Section 13. Report to the President. The Sandiganbayan shall submit 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 14. Funding. There is hereby immediately appropriated the sum of Five Million Pesos (P5,000.00) out of any funds in the National Treasury to carry out the provisions of this Decree and thereafter to be included in the general appropriations act. The appropriations for the Sandiganbayan shall be automatically released in accordance with a schedule submitted by the Sandiganbayan.Section 15. Separability of Provisions. If for any reason, any section or provision of this Decree is declared to be unconstitutional or invalid, other sections or provisions thereof which are not affected thereby, shall continue in full force and effect.Section 16. Repealing Clause. This Decree hereby repeals Presidential Decree No. 1486 and all other provisions of law, General Orders, Presidential Decrees, Letters of Instructions, rules or regulations inconsistent herewith.Section 17. Effectivity. This Decree shall take effect immediately.Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and seventy-eight.

RULES OF THE SANDIGANBAYANPursuant to the provisions of Section 5 of Article XIII of the Constitution of the Philippines, as implemented by Presidential Decree No. 1606, the Sandiganbayan hereby adopts and promulgates the following rules to govern the conduct of its business.RULE ITITLE AND CONSTRUCTIONSection 1. Title of the Rules. These Rules shall be known and cited as the Rules of the Sandiganbayan.Section 2. Construction. These Rules shall be liberally construed in order to promote their objectives and to achieve a just, expeditious and inexpensive determination of every action and proceeding before the Sandiganbayan.RULE IICONTROL OF FUNCTIONS AND SUCCESSIONSection 1. Exclusive Control. Except as otherwise provided by the Constitution and Presidential Decree No. 1606, the Sandiganbayan shall have exclusive control, direction and supervision of all matters pertaining to its internal affairs and the operation of its business.Section 2. Succession in the Office of the Presiding Justice. In case of vacancy in the position of Presiding Justice of the Sandiganbayan or his temporary incapacity to exercise the powers and perform the duties of his office, the same shall devolve upon the qualified most senior Associate Justices until such incapacity is removed or another Presiding Justice is appointed and has duly qualified.RULE IIICOMPOSITION OF DIVISIONSSection 1. How Divisions Constituted. The Sandiganbayan shall consist of three divisions which shall be known as the First Division, Second Division, and Third Division, and shall each be composed of Presiding Justice and the first two Associate Justices in the order of precedence as the respective Chairmen; the next three Associate Justices in the order of precedence as the respective senior members; and the last three Associate Justices in the order of precedence as the respective junior members. However, until the entire complement of the Sandiganbayan shall have been appointed and qualified, the Presiding justice and the two Associate Justices first appointed and qualified shall constitute the First Division.Section 2. Vacancy; How Filled. In case of any vacancy in the composition of a division, whether permanent or temporary, the Presiding Justice may designate an Associate Justice of the Court, to be determined by strict rotation on the basis of the reverse order of precedence, to sit as a special member of said division with all the rights and prerogatives of a regular member of said division in the trial and determination of cases assigned thereto, unless the operation of the other divisions of the Court will be prejudiced thereby, in which case, the procedure provided in Section 3, Rule VIII of these Rules shall apply.RULE IVFILING OF CASESSection 1. Proceedings Free of Charge. All proceedings in the Sandiganbayan be conducted at no cost to the complainant and/or his witnesses.Section 2. Preliminary Investigation Necessary. No criminal information or complaint shall be entertained by the Sandiganbayan except upon a certification by the investigating Prosecutor of the existence of a prima facie case to be determined after a preliminary investigation conducted in accordance with applicable laws and approved by the Chief Special Prosecutor.Section 3. Where Cases Filed. All cases to be filed with the Sandiganbayan shall be filed with the Office of the Clerk of Court of the Sandiganbayan which shall be open for the purpose of receiving complaints, information, motions and the like from eight to twelve o'clock in the morning and twelve thirty to four-thirty o'clock in the afternoon, on Mondays to Fridays, except on public or special holidays.RULE VDISTRIBUTION AND CONSOLIDATION OF CASESSection 1. Distribution of Cases. All cases filed with the Sandiganbayan shall be allotted among the three divisions for hearing and decision by raffle to be conducted by a Raffle Committee composed of the Presiding Justice and the two most senior Associate Justices available, on such days as may hereafter be fixed by the Presiding Justice depending upon the need for such raffle to be made in view of the number of cases filed, with notice to the interested parties who may, if they so desire, be present therein by themselves or through counsel.Section 2. Consolidation of Cases. Cases (a) arising from the same incident or series of incidents, or (b) involving common questions of fact and law, may, in the discretion of Sandiganbayan, be consolidated in only one division. Should the propriety of such consolidation appear upon the filing of the cases concerned and before they are raffled, all such cases shall be considered as one case for purposes of the raffle; but, should the propriety of such consolidation may be affected upon motion of an interested party filed with the division taking cognizance of the case to be consolidated and, if granted, consolidation shall be made in the division before which the case with the lowest number is pending. In either case, the division in which consolidation is effected shall be entitled to be credited in the distribution of cases with the same number of cases transferred to it to the end that all divisions shall, as much as possible, receive more or less the same number of cases filed with the Sandiganbayan.Section 3. Assignment of Cases Permanent. Cases assigned to a division of the Sandiganbayan in accordance with these Rules shall remain with said division notwithstanding changes in the composition thereof and all matters raised therein shall be deemed to be submitted for consideration and adjudication by any and all of the Justices who are members of the division aforesaid at the time said matters are taken up, irrespective of whether they were or were not members of the division at the time the case was first assigned thereto Provided, however, That only Justices who are members of the division at the time a case is submitted for decision shall take part in the consideration and adjudication of said case, unless any such member thereafter ceases to be a member of the Sandiganbayan for any reason whatsoever in which case any Justice chosen to fill the vacancy in accordance with the manner provided in Section 2, Rule III, of these Rules shall participate in the consideration and adjudication of said case; Provided, lastly, that the Sandiganbayan en banc may, for special or compelling reasons, transfer cases from one division thereof to another.RULE VIPROCESSESProcesses and writs of the Sandiganbayan which by their nature or by provision of existing laws or the Rules of Court are to be issued under the signature of a Judge or a Justice shall be signed by the Chairman of the division concernedProvided, That if there is an urgent necessity for the issuance thereof before the case is raffled to a division, the same shall be signed by the Presiding Justice. In the absence of the Presiding Justice or the Chairman aforesaid, the process or writ shall be signed by the senior Associate Justice in the Sandiganbayan or in the divisions concerned, respectively. All other processes or writs issued upon authority of the Sandiganbayan or a division thereof shall be signed by the Clerk of Court or, in his absence, by the Deputy Clerk of Court of the division concerned.RULE VIIBAILSection 1. How Amount Fixed; Approval. The amount of bail to be posted in cases in the Sandiganbayan shall be fixed by the Chairman of the division thereof to which they are assigned; and such bail may be approved by any Justice of the Sandiganbayan, but preferably by a Justice of the division concernedProvided, however, That where the accused is arrested, detained, or otherwise placed in custody outside the Metropolitan Manila area, any judge of the Court of First Instance or Circuit Criminal Court may accept and approve the bail for his appearance before the division to which his case is assigned and release him, and shall inform the division issuing the order of arrest of his action, forwarding thereto the papers in this case.Section 2. Condition of the Bail. The condition of the bail is that the accused shall appear and answer the complaint or information in the division of the Sandiganbayan to which it is assigned or transferred for trial and submit himself to the orders and processes thereof and, after conviction, if the case is appealed to the Supreme Court, that he will surrender himself for the execution of such judgment as the Supreme Court may render; or, that, in case the cause is to be tried anew or remanded for a new trial, he will appear in the division to which it may be remanded and submit himself to the orders and processes thereof.RULE VIIISESSIONS AND TRIALSection 1. How Sessions Held. The Sandiganbayan shall: For administrative purposes, sit en banc; and For the trial and determination of cases, sit in three divisions of three Justices each. The three divisions may sit at the same time.Section 2. Presiding Officer. Sessions of the Sandiganbayan en banc shall be presided by the Presiding Justice; whereas sessions in division shall be presided by the respective Chairman of each division. In the absence of the Presiding Justice or the Chairman of a division, as the case may be, the Associate Justice attending the session en banc or in division who is first in the order of precedence and able to preside, shall do so.Section 3. Quorum. Five Justices shall constitute a quorum for sessions en banc, and three Justices for sessions in division: Provided, That when a quorum and/or the votes required for a resolution or decision of the Sandiganbayan, either en banc or in division, or the trial or hearing of cases cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the President shall, upon recommendation of the Presiding Justice, designate any Justice of the Court of Appeals, Judge of the Court of First Instance or of the Circuit Criminal Court to sit temporarily therein.Section 4. Place of Holding Sessions. Sessions of the Sandiganbayan, whether en banc or in division, shall be held in the place of its principal office in the Metropolitan Manila area where it shall try and determine all cases filed with it irrespective of the place where they may have arisen: Provided, however, That the Presiding Justice may authorize any division or divisions of the Court to hold sessions at any time and place outside Metropolitan Manila to hear and decide cases emanating therefrom. For this purpose and whenever necessary, the Sandiganbayan may require the services of the personnel and the use of the facilities of any agency of the Government, national or local, including the Courts of First Instance or Circuit Criminal Court of the province or city where any of the divisions is holding session, and those personnel of such agencies or courts shall be subject to the orders of the Sandiganbayan.Section 5. Time of Holding Sessions. Sessions of the Sandiganbayan en banc may be called at any time by the Presiding Justice or at the instance at least five Associate Justices. Sessions for the trial of cases cognizable by it shall be held on such days and at such times as the divisions thereof may, by order and upon notice to the parties concerned, fix.Section 6. Pre-trial Inquest. After the arraignment of an accused who pleads not guilty, the division concerned shall, without prejudice to the invocation by the accused of his constitutional rights, direct the prosecutor and the accused and his counsel to appear before any of the Justices thereof for a conference to consider;(a) Admissions of facts about which there can be no dispute;(b) Marking for identification of documentary or real evidence of the parties;(c) Waiver of objections to admissibility of evidence;(d) Procedure on objections where there are multiple counsel;(e) Order of presentation of evidence and arguments where there are multiple accused;(f) Order of cross-examination where there are multiple accused; and(g) Such other matter as will promote a fair and expeditious termination of the trial.After the pre-trial inquest, a pre-trial order shall be issued by the Associate Justice presiding the conference reciting: The actions and/or proceedings taken thereat; The admissions of facts made; The documents and real evidence marked; and The agreement entered into by the parties as to any of the matters taken up therein. Such order shall limit the issues for trial to those not disposed of by the admissions or agreements of the parties and when entered shall bind the parties and control the course of the action during the trial, on appeal, and in post-conviction proceedings, unless modified by the division concerned before trial to prevent manifest injustice.RULE IXMOTIONSSection 1. Motion Day. The first hours of the morning session of the divisions every Friday shall be devoted to the hearing of motions, unless, upon motion of an interested party and for special reasons, the division concerned shall fix another day for the hearing of any particular motion.Section 2. Resolution on Interlocutory or Incidental Motions. Rulings on all written motions submitted to the Sandiganbayan or any division thereof for resolution shall be reached in consultation among the Justices participating in the consideration thereofProvided, however, That rulings on oral motions or on objections made in the course of the trial or hearing shall be handed down by the Chairman of the division concerned.RULE XJUDGMENTSection 1. Votes Necessary to Decide. The unanimous vote of three Justices in a division shall be necessary for the rendition of a judgment or order. In the event that the three Justices do not reach a unanimous vote, the Presiding Justice shall designated by raffle two Justices from among the other members of the Sandiganbayan to sit temporarily with them forming a special division of five Justices, and the vote of a majority of such special division shall be necessary for the rendition of a judgment or order.Section 2. Procedure in Deciding Cases. The conclusions of a division of the Sandiganbayan in any case submitted to it for decision shall be reached in consultation before the case is assigned to a Justice for the writing of the opinion of the division. Any Justice dissenting from a judgment shall state the reasons for his dissent.Section 3. Maximum Period to Decide Cases. The judgment or final order of a division of the Sandiganbayan shall be rendered within three (3) months from the date the case was submitted for decision.Section 4. Form of judgment and final order of a division of the Sandiganbayan shall contain complete findings of fact and a statement of the law on all issues properly raised before it.RULE XIPROMULGATION OF JUDGMENTA judgment of a division of the Sandiganbayan shall be promulgated by reading the judgment or sentence in the presence of the accused and any Justice of the division which rendered the sameProvided, That, if the accused is confined or detained in a place outside Metropolitan Manila or of the city or province in which any division of the Sandiganbayan is sitting at the time of such promulgation, the judgment may, upon delegation by the division concerned be promulgated by any judge of the Court of First Instance or Circuit Criminal Court having jurisdiction over the place of confinement or detention, in which event the Court so promulgating the judgment shall have authority to accept and approve the appeal bond.RULE XIIPETITION FOR RECONSIDERATIONWithin fifteen (15) days from the promulgation or notice of a judgment or final order of a division of the Sandiganbayan, unless said judgment or order had in the meantime otherwise attained finality, a petition for the reconsideration thereof may be filed (a) upon the grounds, (b) in the form and (c) subject to the requirements, for motions for new trial in criminal cases under Rule 121 of the Rules of Court Such petition for reconsideration shall be decided within thirty (30) days from submission thereof.

RULE XIIIREVIEW OF JUDGMENTS AND FINAL ORDERSSection 1. Method of Review. A party may appeal from a judgment or final order of a division of the Sandiganbayan (a) by filing with the Supreme Court a petition for certiorari in accordance with Rule 45 of Rules of Court and (b) by serving a copy thereof to the Sandiganbayan.Whenever, in any case decided, the death penalty shall have been imposed, the records shall be forwarded to the Supreme Court, whether the accused shall have appealed or not, for review and judgment, as law and justice shall dictate.Section 2. Bail Pending Appeal. An accused who has been released on bail shall not committed to jail upon conviction pending the expiration of the period for appeal or pending an appeal seasonably taken, except when the penalty imposed is reclusion perpetua or death, in which case, the accused may forthwith be committed to jail after promulgation of the sentence. The division of the Sandiganbayan concerned, however, may, for good cause, cancel the bond or increase the amount of bail and commit the accused into custody pending appeal, unless he gives bail in the increased amount. The surely shall also be responsible for the surrender or the accused after judgment shall have become final.RULE XIVPUBLICATION OF DECISIONSWith the consent of the respective writers thereof, the decisions of the Sandiganbayan may be published in the Official Gazette in the language in which they have been originally written. The syllabi for the decisions shall be prepared by the Clerk of Court in consultation with writers thereof.RULE XVAPPLICABILITY OF THE RULES OF COURTExcept as otherwise herein provided or as may hereafter be modified from time to time by the Sandiganbayan and insofar as practicable, the Rules of Court shall govern proceedings in the Sandiganbayan.RULE XVISEAL OF THE SANDIGANBAYANThe seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two concentric circles as its margin, with the inscription, running from left to right, on the upper margin of the word "Sandiganbayan" and on the lower margin of the words "Republika ng Pilipinas"; with 16 stars, representing the existing 16 judicial districts, immediately along the outer edge of the inner circle; and with a design at the center of a triangle, with a trisected area composed of the national colors of white on its upper part, blue on the left and red on the right, with the words "KATAPATAN" on the right side, "KAPANAGUTAN" on the left side, and "KARANGALAN" on the base; a star in each corner of the triangle representing Luzon, Visayas and Mindanao; and a bolo inside the triangle on which is superimposed a balance.RULE XVIISEPARABILITY CLAUSEIf, for any reason, any section or provision of these Rules shall be held to be unconstitutional or invalid, no other section or provision thereof shall be effected thereby.RULE XVIIIEFFECTIVITYThe Rules shall take effect upon approval.Done in the City of Manila, this 10th day of January, in the year of Our Lord, nineteen hundred and seventy-nine.

4. Presidential Decree 1861PRESIDENTIAL DECREE NO. 1861AMENDING THE PERTINENT PROVISIONS OF PRESIDENTIAL DECREE NO. 1606 AND BATAS PAMBANSA BLG. 129 RELATIVE TO THE JURISDICTION OF THE SANDIGANBAYAN AND FOR OTHER PURPOSES.WHEREAS, Batas Pambansa Blg. 129 has simplified the rules on jurisdiction by, among others, abolishing the concurrent jurisdiction of the Sandiganbayan and the regular courts;WHEREAS, Batas Pambansa Blg. 129 expanded the exclusive original jurisdiction of the Sandiganbayan over the offenses enumerated in Section 4 of Presidential Decree No. 1606, to embrace all such offenses irrespective of the imposable penalty;WHEREAS, there has been a proliferation and marked increase in the filing of cases before the Sandiganbayan where the offense charged is punishable by a penalty not higher than prision correccional or its equivalent; andWHEREAS, to insure that the prosecution of offenses committed by public officers and employees, including those employed in government-owned or controlled corporations, shall be as inexpensive and as expeditious as possible, and in keeping with the constitutional mandate constituting the Sandiganbayan as a special court to try cases involving graft and corruption, and other offenses committed by public officers and employees in relation to their office, it is necessary and desirable that certain cases shall be triable by the appropriate courts, with appellate jurisdiction over these cases to be vested in the Sandiganbayan;NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as follows:SECTION 1. Section 4 of Presidential Decree No. 1606 is hereby amended to read as follows:SEC. 4. Jurisdiction. The Sandiganbayan shall exercise:(a) Exclusive original jurisdiction in all cases involving:(1) Violations of RA 3019, as amended (the Anti-Graft and Corrupt Practices Act), RA 1379 (Act Declaring Forfeiture in Favor of the State of Any Property Found to have been Unlawfully Acquired by Any Public Officer or Employee); and Chapter II, Section 2, Title VII of the Revised Penal Code (Crimes Committed by Public Officers);(2) Other offenses or felonies committed by public officers and employees in relation to their office, including those employed in government-owned or controlled corporations, whether simple or complexed with other crimes, where the penalty prescribed by law is: Higher than prision correccional; or Imprisonment for six (6) years; or Fine of P6,000.00.Provided, however, that offenses or felonies mentioned in this paragraph where the penalty prescribed by law does not exceed prision correccional or imprisonment for six (6) years or a fine of P6,000.00 shall be tried by the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court and Municipal Circuit Trial Court.(b) Exclusive appellate jurisdiction:(1) On appeal, from the final judgments, resolutions or orders of the Regional Trial Courts in cases originally decided by them in their respective territorial jurisdiction.(2) By petition for review, from the final judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction.The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules and Supreme Court has promulgated and may hereinafter promulgate, relative to appeals/petitions for review to the Intermediate Appellate Court (Court of Appeals) shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan, the Office of the Tanodbayan shall represent the People of the Philippines.In case 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 shall be tried jointly with said public officers and employees.Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted with, and jointly determined in the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized: Provided, however, that (a) where the civil action had heretofore been filed separately, (b) but judgment therein has not yet been rendered, and (c) the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the criminal action; Otherwise the separate civil action shall be considered abandoned.SECTION 2. All cases pending in the Sandiganbayan or in the appropriate courts as of the date of the effectivity of this Decree shall remain with and be disposed of by the courts where they are pending.SECTION 3. The provisions of this Decree notwithstanding, the Office of the Tanodbayan shall continue to have the exclusive authority: To conduct preliminary investigation To file the necessary information; and To direct and control the prosecution of all cases enumerated in Section 4 of PD 1606, whether such cases be within the exclusive original/appellate jurisdiction of the Sandiganbayan or the appropriate courts in accordance with the provisions of PD 1630.SECTION 4. All other laws, orders, promulgations, rules and regulations or parts thereof, which are inconsistent herewith are hereby amended, repealed or modified accordingly.SECTION 5. This Decree shall take effect immediately.Done in the City of Manila this 23rd day of March, in the year of Our Lord, nineteen hundred and eighty-three.5. Republic Act 7995 approved March 10, 1995REPUBLIC ACT No. 7975AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDEDSection 1. Section 3 of Presidential Decree No. 1606, as amended by Executive Order No. 184, is hereby further amended to read as follows:"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in five (5) divisions of three justices each. The five (5) may sit at the same time."The first three divisions shall be stationed in the Metro Manila area, the fourth division shall be in Cebu City for cases coming from the Visayas region, and the fifth division shall be in Cagayan de Oro City for cases coming from the Mindanao region."Three Justices shall constitute a quorum for sessions in divisions: Provided, That when the required quorum for the particular division cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the Presiding Justice may designate an Associate Justice of the Court, to be determined by strict rotation on the basis of the reverse order of precedence, to sit as a special member of said division with all the rights and prerogatives of a regular member of said division in the trial and determination of a case or cases assigned thereto, unless the operation of the court will be prejudiced thereby, in which case, the President shall, upon the recommendation of the Presiding Justice, designate any Justice or Justices of the Court of Appeals to sit temporarily therein."Section 2. Section 4 of the same Decree is hereby further amended to read as follows:"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying the following positions in the government, whether in permanent, acting or interim capacity, at the time of the commission of the offense:"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads;"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;"(c) Officials of the diplomatic service occupying the position of consul and higher;"(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;"(e) PNP chief superintendent and PNP officers of higher rank;"(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;"(g) Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations;"(2) Members of Congress and officials thereof classified as Grade "27" and up under the Compensation and Position Classification Act of 1989;"(3) Members of the judiciary without prejudice to the provisions of the Constitution;"(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and"(5) All other national and local officials classified as Grade "27" and higher under the Compensation and Position Classification Act of 1989;"b. Other offenses or felonies committed by the public officials and employees mentioned in subsection (a) of this section in relation to their office."c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A."In cases where none of the principal accused are occupying positions corresponding to salary grade "27" or higher, as prescribed in the said Republic Act No. 6758, or PNP officers occupying the rank of superintendent or higher, or their equivalent, exclusive jurisdiction thereof shall be 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 as provided in Batas Pambansa Blg. 129."The Sandiganbayan shall exercise exclusive appellate jurisdiction on appeals from the final judgments, resolutions or orders of regular courts where all the accused are occupying positions lower than salary grade "27", or not otherwise covered by the preceding enumeration."The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunction, and other ancillary writs and processes in aid of its appellate jurisdiction: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court."The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the office of the Ombudsman, through its special prosecutor, shall represent the people of the Philippines except in cases filed pursuant to Executive Orders Nos. 1, 2, 14 and 14-A."In case 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 shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them."Any provision of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized: Provided, however, That where the civil action had heretofore been filed separately but judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action shall be deemed abandoned."Section 3. Section 7 of the same decree is hereby amended to read as follows:"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders determining the merits of a case or finally disposing of the action or proceedings of the Sandiganbayan shall contain complete findings of the facts and the law on which they are based, on all issues properly raised before it and necessary in deciding the case."A petition for reconsideration of any final order or decision may be filed within fifteen (15) days from promulgation or notice of the final order or judgment, and such motion for reconsideration shall be decided within thirty (30) days from submission thereon."Decisions and final orders of the Sandiganbayan shall be 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. Whenever, in any case decided by the Sandiganbayan, the penalty of reclusion perpetua or higher is imposed, the decision shall be appealable to the Supreme Court in the manner prescribed in the Rules of Court. In case the penalty imposed is death, review by the Supreme Court shall be automatic, whether or not the accused filed an appeal."Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by law."Decisions and final orders of other courts, in cases cognizable by said courts under this Act shall be appealable to the Sandiganbayan within fifteen (15) days from promulgation or notice to the parties."Section 4. Section 9 of the same Decree is hereby amended to read as follows:"Sec. 9. Rules of Procedure. - The Rules of Court promulgated by the Supreme Court shall apply to all cases and proceedings filed with the Sandiganbayan. The Sandiganbayan shall have no power to promulgate its own rules of procedure, except to adopt internal rules governing the allotment of cases among the divisions, the rotation of justices among them, and other matters relating to the internal operations of the court which shall be inforced until repealed or modified by the Supreme Court."Section 5. Section 10 of the same Decree is hereby repealed.Section 6. Presidential Decrees Nos. 1486, 1606 and 1861, Executive Orders Nos. 101 and 184 and all other laws, decrees, orders and rules of which are inconsistent therewith are hereby repealed or modified accordingly.Section 7. Upon the effectivity of this Act, all criminal cases in which trial has not begun in the Sandiganbayan shall be referred to the proper courts.Section 8. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) national newspapers of general circulation.6. Republic Act 8249 approved February 5, 1997Republic Act No. 8249 February 5, 1997AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSESBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as amended, is hereby further amended to read as follows:"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure; Removal and Compensation. - A special court, of the same level as the Court of Appeals and possessing all the inherent powers of a court ofjustice, to be known as the Sandiganbayan is hereby created composed of a presiding justice and fourteen associate justices who shall be appointed by the President."Section 2. Section 2 of the same decree is hereby further amended to read as follows:"SECTION 2. Official Station; Place of Holding Sessions. - The Sandiganbayan shall have its principal office in the Metro Manila area and shall hold sessions thereat for the trial and determination of cases filed with it: Provided, however, That cases originating from the principal geographical regions of the country, that is, from Luzon, Visayas or Mindanao, shall be heard in their respective regions of origin except only when the greater convenience of the accused and of the witnesses, or other compelling considerations require the contrary, in which instance a case originating from one geographical region may be heard in another geographical region: Provided, further, That for this purpose the presiding justice shall authorize any divisions of the court to hold sessions at any time and place outside Metro Manila and, where the interest of justice so requires, outside the territorial boundaries of the Philippines. The Sandiganbayan may require the services of the personnel and the use of facilities of the courts or other government offices where any of the divisions is holding sessions and the personnel of such courts or offices shall be subject to the orders of the Sandiganbayan."Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.Section 4. Section 4 of the same decree is hereby further amended to read as follows:"a. Violations of (i) RA 3019, as amended (Anti-graft and Corrupt Practices Act), (ii) RA 1379 (Act Declaring Forfeiture in Favor of the State of Any Property Found to have been Unlawfully Acquired by Any Public Officer or Employee); and (iii) Chapter II, Section 2, Title VII, Book II of the Revised Penal Code (Crimes Committed by Public Officers), where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting, or interim capacity, at the time of the commission of the offense:"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (RA 6758), specifically including:"(a) Provincial governors Vice-governors Members of the sangguniang panlalawigan Provincial treasurers Provincial assessors Provincial engineers; and Other provincial department heads"(b) City mayors Vice-mayors Members of the sangguniang panlungsod City treasurers City assessors City engineers; and Other city department heads"(c) Officials of the diplomatic service occupying the position of consul and higher"(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;"(e) Officers of the Philippine National Police: While occupying the position of provincial director; and Those holding the rank of senior superintendent or higher"(f) City and provincial prosecutors Their assistants; and Officials and prosecutors in the Office of the Ombudsman and Special Prosecutor"(g) Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations;"(2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation and Position Classification Act of 1989;"(3) Members of the judiciary without prejudice to the provisions of the Constitution;"(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and"(5) All other national and local officials classified as Grade'27' and higher under the Compensation and Position Classification Act of 1989."b. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office."c. Civil and criminal cases filed pursuant to and in connection with EOs 1, 2, 14, and 14-A, issued in 1986."In cases where none of the accused are occupying positions corresponding to salary grade '27' or higher, as prescribed in the said RA 6758, or military or PNP officers mentioned above, exclusive original jurisdiction thereof shall be 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 jurisdiction as provided in BP 129, as amended."The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided."The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of (a) mandamus, (b) prohibition, (c) certiorari, (d) habeas corpus, (e) injunctions, and (f) other ancillary writs and processes in aid of its appellate jurisdiction; And (g) over petitions of similar nature, including (h) quo warranto, arising or that may arise in cases filed or which may be filed under EOs 1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court.The procedure prescribed in BP 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated (a) to the Sandiganbayan and (b) from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986."In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in govemment-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them."Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized Provided, however, That (a) where the civil action had therefore been filed separately, (b) but judgment therein has not yet been rendered, and (c) the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the criminal action; Otherwise the separate civil action shall be deemed abandoned."Section 5. Section 7 of the same decree is hereby further amended to read as follows:'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders determining the merits of a case or finally disposing of the action or proceedings of the Sandijanbayan shall contain complete findings of the facts and the law on which they are based, on all issues properly raised before it and necessary in deciding the case."A petition for reconsideration of any final order or decision may be filed within fifteen (15) days from promulgation or notice of the final order on judgment, and such motion for reconsideration shall be decided within thirty (30) days from submission thereon."Decisions and final orders of the Sandiganbyan shall be 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. Whenever, in any case decided by the Sandiganbayan, the penalty of reclusion perpetua, life imprisonment or death is imposed, the decision shall be appealable to the Supreme Court in the manner prescribed in the Rules of Court."Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by law."Decisions and final orders of other courts in cases cognizable by said courts under this decree as well as those rendered by them in the exercise of their appellate jurisdiction shall be appealable to, or be reviewable by, the Sandiganbayan in the manner provided by Rule 122 of the Rules of the Court."In case, however, the imposed penalty by the Sandiganbayan or the regional trial court in the proper exercise of their respective jurisdictions, is death, review by the Supreme Court shall be automatic, whether or not the accused files an appeal."Section 6. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall be charged against the current fiscal year appropriations of the Sandiganbayan. Thereafter, such sums as may be needed for its continued implementation shall be included in the annual General Appropriations Act.Section 7. Transitory Provision. - This Act shall apply to all cases pending in any court over which trial has not begun as of the approval hereofSection 8. Separability of Provisions. - If for any reason any provision of this Act is declared unconstitutional or invalid, such parts or portions not affected thereby shall remain in full force and effect.Section 9. Repealing Clause. - All acts, decrees, general orders and circulars, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

I.Jurisdiction of the OmbudsmanAPPLICABLE LAWi.1. Republic Act No. 6770 otherwise known as the Ombudsman Act of 1989AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSESBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:Section 1. Title. This Act shall be known as "The Ombudsman Act of 1989."Section 2. Declaration of Policy. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.Section 3. Office of the Ombudsman. The Office of the Ombudsman shall include the Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy for the Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy for the Armed Forces, and the Office of the Special Prosecutor. The President may appoint other Deputies as the necessity for it may arise, as recommended by the Ombudsman.Section 4. Appointment. The Ombudsman and his Deputies, including the Special Prosecutor, shall be appointed by the President from a list of at least twenty-one (21) nominees prepared by the Judicial and Bar Council, and from a list of three (3) nominees for each vacancy thereafter, which shall be filled within three (3) months after it occurs, each of which list shall be published in a newspaper of general circulation.In the organization of the Office of the Ombudsman for filling up of positions therein, regional, cultural or ethnic considerations shall be taken into account to the end that the Office shall be as much as possible representative of the regional, ethnic and cultural make-up of the Filipino nation.Section 5. Qualifications. The Ombudsman and his Deputies, including the Special Prosecutor, shall be natural-born citizens of the Philippines, at least forty (40) years old, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for any elective national or local office in the immediately preceding election whether regular or special. The Ombudsman must have, for ten (10) years or more, been a judge or engaged in the practice of law in the Philippines.Section 6. Rank and Salary. The Ombudsman and his Deputies shall have the same ranks, salaries and privileges as the Chairman and members, respectively, of a Constitutional Commission. Their salaries shall not be decreased during their term of office.The members of the prosecution, investigation and legal staff of the Office of the Ombudsman shall receive salaries which shall not be less than those given to comparable positions in any office in th