crimpro digest for june 10, 2013 sets a to e (inc.)

7/28/2019 CRIMPRO Digest for June 10, 2013 Sets a to E (Inc.)

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JUSTINS ALLIANCE 2A-2013June 10, 2013

OTHER ISSUES (Not procedural, but just in case)

(1) The receipt of the ring: the acknowledgement receipt executed by petitioner is very clear evidence that hereceived the ring. As a businessman, he must know the consequences that may arise by signing suchreceipt.

(2) There is no novation here since the obligations they incurred herein were not yet settled when the criminal

case was filed. Also, not all elements of novation in this case were present.

2. LANDBANK V. BELISATA

FACTS: Belisata is the owner of 8 parcels of land placed by the Dept of Agrarian Reform under the CARP program.Belisata disagreed with the DAR as to the amount of just compensation he deserved, which caused him to file aPetition for Valuation and Payment of Just Compensation before the Regional Adjudicator for Region V. Favor wasthen granted to him. Aggrieved, the DAR filed an original Petition for Determination of Just Compensation at the RTCsitting as SAC. It was dismissed on the ground of failure to exhaust administrative remedies.

ISSUE: Whether it is necessary that in cases involving claims for just compensation under RA 6657 that the decisionof the adjudicator must first be appealed to the DARAB before the party can resort to the RTC sitting as SAC

RULING: Sec 50 and 57 of RA 6657 provide that DAR shall have primary jurisdiction to determine and adjudicateagrarian reform matters, with an exception that DAR doesnt have original or exclusive jurisdiction over matters of just compensation . This is a judicial function. All criminal offenses under RA6657 are within the jurisdiction of theRTC sitting as a special agrarian court.

3. PEOPLE V. TAROY

FACTS: Taroy was charged with two counts of Rape before the RTC of La Trinidad, Benguet. On two separatedates, he allegedly raped his stepdaughter (DES). DES complained to her mother MILA and they subsequentlyaccompanied the victim to the National Bureau of Investigation. The RTC found Taroy guilty of two counts of rapeand sentenced him to Reclusion Perpetua. Taroy challenged the Benguet RTCs jurisdiction over the crimes charged,he having testified that their residence when the alleged offenses took place was in Baguio City. The RTC however held that their residence was in Baguio City did not strip the court of its jurisdiction since he waived the

jurisdictional requirement. CA affirmed the decision

ISSUE:

(1) W/N the RTC of La Trinidad Benguet has jurisdiction to hear and decide the cases of rape against Taroy

RULING:

(1) Venue is jurisdictional in criminal cases. It can neither be waived or subjected to stipulation. It must exist as amatter of law. Thus for territorial jurisdiction to attach, the criminal action must be instituted and tried in theproper court for the municipality, city, or province where the offense was committed or where any of itsessential ingredients took place.

In the case at bar, the Informations filed with The RTC of La Trinidad state that the crimes were committed in the

offenders house in La Trinidad Benguet. Taroys assertion that it happened in Baguio is UNCORROBORATED!

By: Fugaban, Geraldez, Larcia, Ong, Palmares, Peralta Page 2


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4. BONIFACIO, ET AL. VS. REGIONAL TRIAL COURT OF MAKATI

FACTS: Upon the complaint filed by Jessie John P. Gimenez (Gimenez) on behalf of the Yuchengco Family(particularly, former Ambassador Alfonso Yuchengco and Helen Y. Dee) and the Malayan Insurance Co., Inc.(Malayan ), 13 Informations for libel were filed with the Makati Regional Trial Court (RTC) against officers, trusteesand a member of the Parents Enabling Parents Coalition, Inc. (PEPCI), and a certain John Doe, the administrator of

the website www.pepcoalition.com, which provides a forum for planholders of Pacific Plans, Inc. a wholly ownedsubsidiary of Great Pacific Life Assurance Corporation, also owned by the Yuchengco Group of Companies to seekredress for being unable to collect under their pre-need educational plans after PPI, due to liquidity concerns, filed for corporate rehabilitation with prayer for suspension of payments. The Informations alleged that the accused, holdinglegal title to the said website, maliciously published therein the following defamatory article against the YuchengcoFamily and Malayan:

Talagang naisahan na naman tayo ng mga Yuchengcos. Nangyari na ang mga kinatatakutan kong pagbagsak ngnegotiation. x x x x x x x x x

For sure may tactics pa silang nakabasta sa atin. Let us be ready for it because they had successfully lull us and thenext time they will try to kill us na. x x x

However, on appeal, the Secretary of Justice directed the withdrawal of the Informations for lack of probable cause,opining that the crime of internet libel was non-existent. On motion of the accused, the RTC, albeit finding probablecause, quashed the Informations for failure to allege that the offended parties were actually residing in Makati at thetime the offense was committed as in fact they listed their address in Manila, or to allege that the article was printedand first published in Makati. The prosecution moved for reconsideration, arguing that even assuming the Informationwas deficient it merely needed a formal amendment. The RTC granted the motion and ordered the prosecution toamend the Information to cure the defect of improper venue. The prosecution amended the Information to show thatthe website was accessible in Makati City and the defamatory article was first published and accessed by theprivate complainant in Makati City. After the RTC admitted the Amended Information, several of the accused(petitioners) filed a petition for certiorari and prohibition with the Supreme Court faulting the RTC.

ISSUES:

(1) Whether or not petitioners, in filing the petition directly to the Supreme Court, violated the rule on hierarchy of courts to thus render the petition dismissible; and

(2) whether or not the RTC gravely abuse its discretion when it admitted the Amended Information.

RULING:

(1) Strict observance of the judicial hierarchy of courts requires that recourse must first be made to the lower-rankedcourt exercising concurrent jurisdiction with a higher court. Thus, petitions for the issuance of extraordinary writsagainst the RTC should be filed in the Court of Appeals. The rule, however, admits of certain exceptions as when thecase involves purely legal questions. In this case, petitioners raised a pure question of law involving jurisdiction incriminal complaints for libel under Article 360 of the Revised Penal Code (RPC), as amended by Republic Act (RA)No. 4363.

(2) The Amended Information was insufficient to vest jurisdiction in Makati.Venue is jurisdictional in criminal actions

such that the place where the crime was committed determines not only the venue of the action but constitutes anessential element of jurisdiction. Venue of libel cases where the complainant is a private individual is limited to onlyeither of two places, namely: (a) where the complainant actually resides at the time of the commission of theoffense; or (b) where the alleged defamatory article was printed and first published. The prosecution chosethe second.

Before Article 360 of the RPC was amended, the rule was that a criminal action for libel may be instituted in any jurisdiction where the libelous article was published or circulated, irrespective of where it was written or printed. Under that rule, the criminal action is transitory and the injured party has a choice of venue. Article 360 was amended by RA4363 to state that such action should be brought where the article was printed and first published. The evil sought to



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be prevented by the amendment was the indiscriminate or arbitrary laying of the venue in libel cases in distant,isolated or far-flung areas, meant to accomplish nothing more than to harass or intimidate an accused, especiallywhen the offended party is a person of sufficient means or possesses influence, and is motivated by spite or the needfor revenge.

If the circumstances as to where the libel was printed and first published are used by the offended party as basis for

the venue in the criminal action, the Information must allege with particularity where the defamatory article wasprinted and first published, as evidenced or supported by, for instance, the address of their editorial or businessoffices in the case of newspapers, magazines or serial publications. This pre-condition becomes necessary in order to forestall any inclination to harass.

The same measure cannot be reasonably expected when it pertains to defamatory material appearing on awebsite on the internet as there would be no way of determining the situs of its printing and first publication. Toequate first access to the defamatory article on petitioners website in Makati with printing and first publication wouldspawn the very ills that the amendment to Article 360 of the RPC sought to discourage and prevent. For the Court tohold that the Amended Information sufficiently vested jurisdiction in the courts of Makati simply because thedefamatory article was accessed therein would open the floodgates to the libel suit being filed in all other locationswhere the pepcoalition website is likewise accessed or capable of being accessed.

Contrary to petitioners claim, the venue requirements, under Article 360 of the RPC, for libel actions filed by private

persons cannot be considered unduly oppressive as they still allow such persons to file the civil or criminal complaintin their respective places of residence, in which situation there is no need to embark on a quest to determine withprecision where the libelous matter was printed and first published.

RTC was directed to quash the Amended Information and to dismiss the case.

B. JURISDICTION TO ISSUE HOLD DEPARTURE ORDERS (REGULAR COURTS DISTINGUISHED WITH THESANDIGANBAYAN

1. MONDEJAR V. BUBAN

FACTS: Bernadetted Mondejar charged Judge Buban of the Tacloban City MTCC with gross ignorance of the lawand grave misconduct relative to the Criminial Case entitled People v. Bernadette Mondejar. Buban allegedly issued

a hold-departure order against her in violation of SC circular 39-97 which provides that hold departure orders shallbe issued only in criminal cases within the exclusive jurisdiction of the RTC. Buban for his part alleged that he wasnot familiar with the said SC Circular and he only became familiar with its contents when he recently ordered his clerkto secure a copy from the RTC of their area.

ISSUE: W/N Buban can validly issue a hold departure order

RULING: No. Paragraph 1 of the said circular specifically provides that hold-departure orders shall be issued onlyonly in criminal cases within the exclusive jurisdiction of the RTC. Clearly then, criminal cases within the exclusive

jurisdiction of first level courts do not fall within the ambit of the circular and it was an error on the part of therespondent judge to have issued on in the instant case. Buban was reprimanded and given a stern warning by thecourts.

2. MUPAS V. ESPANOL

FACTS:

In a letter-complaint dated October 29, 2001 filed with the Office of the Court Administrator, JudgeLorinda T. Mupas of the Municipal Trial Court of Dasmarias, Cavite, charges Judge Dolores L. Espaol, RegionalTrial Court (Branch 90) of Dasmarias, Cavite, in her capacity as Executive Judge, with Gross Ignorance of the Lawand Usurpation of Authority.

Three separate criminal complaints for syndicated estafa were filed before the MTC.Complainant judge conducted a preliminary investigation and on the same day, she issued awarrant of arrest against the accused. No bail was recommended.



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Invoking that the Executive Judge has the authority to supervise all detainees in the municipal jailof Dasmarinas, Cavite under Section 25 of Rule 114 of the Revised Criminal Procedure, the privatecomplainants sent copies of the motion to transfer and supplemental pleading to respondent. Onthe same day, respondent issued two orders: (1) directing the transfer of the accused Eva Malihanfrom Municipal Jail to Provincial Jail; (2) directing the Commissioner on Immigration andDeportation to hold and prevent the departure from the Philippines of the accused while the cases

are pending.Respondent retired from service.

ISSUE:

Whether or not the respondents act of issuing the two assailed orders, despite the fact that the casesare pending with the MTC, constitutes gross ignorance of the law and usurpation of authority.

RATIO:

In a memorandum, the Office of the Court Administrator (OCA) opines that respondents order totransfer the accused from the municipal jail to the provincial jail cannot be justified under Section 25 of Rule 114 of the Revised Rules of Criminal Procedure.As an executive judge, respondent exercises supervision over all persons in custody for thepurpose of eliminating unnecessary detention but the rule does not give her the authority toarrogate upon herself a power vested upon a presiding judge of the court where the case ispending.The OCA concludes that respondent encroached upon the power of the complaining judge whenrespondent took cognizance of the motions not pending in her court.The hold-departure order cannot be sustained since it is contrary to the mandates of SC No. 39-37 inasmuch as the time of its issuance, no case has yet been filed in the RTC.The OCA recommends to the that:

a) Respondent be admonished for issuing an order transferring the accused from themunicipal jail to the provincial jail;

b) Respondent be reprimanded for issuing a hold-departure order considering that it is notwithin her authority to issue it in cases pending preliminary investigation in the MTC;

c) Supplemental complaint be incorporatedThe Court agrees with the OCA, except to the recommended penalty. The respondent judge wasguilty of Gros Ignorance of the Law and was fined Php5,000 to be deducted from whatever

retirement benefit due her.

C. JURISDICTION DETERMINED BY THE ALLEGATIONS OF THE COMPLAINT

1. VICENTE FOZ AND DANNY FAJARDO V. PEOPLE OF THE PHIL.

FACTS:

An information was charged against petitioners herein in the RTC of Iloilo City for the crime of libel. In theinformation, a certain article entitled "Meet Dr. Portigo, Company Physician" was included portraying acertain physician as wanting in high sense of professional integrity, trust and responsibility expected of himas a physician. It also alleged that the article was published in Panay News (daily newspaper withconsiderable circulation in Iloilo).

o The accused was convicted and motions for reconsideration, as well as appeals were decidedagainst him. Hence, this petition.

For the first time in the case, petitioners claim that the information charging them of libel did not containallegations sufficient to vest jurisdiction in the RTC of Iloilo.

ISSUE:

Whether or not the RTC of Iloilo has jurisdiction over the case

RATIO:



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The Presiding Judge shall be so designated in his commission and the other judges shall have precedence accordingto the dates of their respective commissions, or when the commissions of two (2) or more of them shall hear thesame 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 thegrounds 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 P50,000.00which 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 MetroManila Area; Provided, however, that the Presiding Judge may authorize any division or divisions of the court to holdsessions 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 thedivisions is holding session and those personnel of such agencies or courts shall be subject to the order of theSandiganbayan.

Section 3. Quorum. Five judges shall constitute a quorum for sessions en banc, and two judges for sessions indivision; Provided, that when a quorum and/or the majority required for a decision of the Sandiganbayan either enbanc or in division, or the trial or hearing of cases cannot be had due to the legal disqualification or temporarydisability of a judge or of a vacancy occurring therein, the President shall, upon recommendation of the PresidingJudge, designate any judge of the court of first instance or of the circuit criminal court of the judicial district concernedto 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. Thethree (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 hisabsence 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 jurisdictionto try and decide:

(a) Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Actand Republic Act No. 1379;

(b) Crimes committed by public officers or employees, including those employed in government- owned or controlledcorporations, embraced in Title VII of the Revised Penal Code;

(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 asprincipals, 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 theoffense so charged, he may nevertheless be convicted and sentenced for the offense included in that which ischarged.

(d) Civil suits brought in connection with the aforementioned crimes for restitution or reparation of damages, recoveryof the instruments and effects of the crimes, or forfeiture proceedings provided for under Republic Act No. 1379;



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(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 andmembers of the Armed Forces of the Philippines, and all others who fall under the exclusive jurisdiction of the militarytribunals.

Section 5. Proceedings against constitutional officers; votes required. All cases involving constitutional officers shallbe heard and decided by the Sandiganbayan en banc; Provided, that when a non-constitutional officer or employeeor private individual is charged or sued jointly with a constitutional officer under Section 4 hereof, they shall all betried 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 voteof 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 theSandiganbayan en banc or in division once commenced shall be continuous until terminated and the judgment enbanc 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 finalorders 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 anycase on appeal promptly and without the necessity of placing it upon the regular calendar. Whenever, in any casedecided by the Sandiganbayan en banc or by a division thereof, the death penalty of life imprisonment shall havebeen 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 divisionwithin fifteen (15) days from receipt of a certified copy of such order or decision and such petition for reconsiderationshall be decided by the Sandiganbayan en banc or in division, as the case may be, within thirty (30) days fromsubmission 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 hadnot 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 themilitary tribunals.

Section 9. Authority over internal affairs. The Sandiganbayan shall administer its own internal affairs and may adoptsuch rules governing the constitution of its divisions, the allocation of cases among them, the rotation of judges andother matters relating to its business.

Section 10. Proceedings free of charge; premature publicity prohibited. All proceedings in the Sandiganbayan enbanc 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 inaccordance with existing laws. No publicity shall be allowed during the pendency of such preliminary investigationand the name of the complainant and the accused shall not be made public until after an information is field with theSandiganbayan.

Section 11. Administrative Personnel. Upon recommendation of the Sandiganbayan, the Supreme Court maydesignate, from among the officers and employees under it, or appoint the personnel necessary for theSandiganbayan, including a Clerk of Court and three (3) Deputy Clerks of Court; Provided, however, that those



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designated shall not receive additional compensation, except per diems, traveling and necessary expenses inaccordance 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) SpecialProsecutors who shall be appointed by the President. The Chief Special Prosecutor shall have annual compensationof P30,000.00, the Assistant Chief Special Prosecutor of P28,000.00 and the Special Prosecutors of P24,000.00which shall not be diminished during their continuance in office.

The Chief Special Prosecutor, the Assistant Chief and the Special Prosecutors shall have exclusive authority toconduct preliminary investigations of all complaints filed with the Sandiganbayan, to file information and conduct theprosecution of all cases; Provided, that the Secretary of Justice may designate any lawyer in the government serviceas special prosecutor or special counsel to assist the Chief Special Prosecutor in conducting preliminaryinvestigations and prosecuting cases before the Sandiganbayan.

The Chief Special Prosecutor, Assistant Chief Special Prosecutor and Special Prosecutors mentioned in thepreceding 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 throughapplication before the Sandiganbayan en banc or in division or before any inferior or superior court having jurisdictionof 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 theexecutive 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 SpecialInvestigators shall be under the Chief Special Prosecutor. The appointment of Special Investigators and subordinatepersonnel 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 servicesof 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 alldisbursements 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 tobe included in the general appropriation act. The appropriations for the Sandiganbayan shall be automaticallyreleased 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 thisDecree 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.



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3. P.D. 1606 DATED DECEMBER 10, 1978

REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN AS

"SANDIGANBAYAN" AND FOR OTHER PURPOSES

WHEREAS, the new Constitution declares that a public office is a public trust and ordains that public officers andemployees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at alltimes accountable to the people;

WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5, ArticleXIII 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 vestedby 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 theSandiganbayan is hereby created composed of a Presiding Justice and eight Associate Justices who shall beappointed 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 recordor 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 precedenceaccording 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 P55,000.00which 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 MetroManila area and shall hold sessions thereat for the trial and determination of all cases filed with it irrespective of theplace 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 emanatingfrom any of the existing judicial districts. Whenever necessary, the Sandiganbayan may require the services of thepersonnel and the use of the facilities of any agency of the Government, national or local, including the courts of firstinstance 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.



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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 behad due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, thePresident 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 temporarilytherein.

Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:

(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft and Corrupt Practices Act,and Republic Act No. 1379;

(b) Crimes committed by public officers and employees including those employed in government-owned or controlledcorporations, embraced in Title VII of the Revised Penal Code, 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 penaltyhigher than prision correccional, or its equivalent, except as herein provided; in other offenses, it shall be concurrentwith the regular courts.

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 withsaid public officers and employees.

Where an accused is tried for any of the above offenses and the evidence is insufficient to establish the offensecharged, 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 correspondingcivil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneouslyinstituted with, and jointly determined in the same proceeding by, the Sandiganbayan, the filing of the criminal actionbeing deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such actionshall be recognized; Provided, however, that, in cases within the exclusive jurisdiction of the Sandiganbayan, wherethe civil action had therefore been filed separately with a regular court but judgment therein has not yet beenrendered and the criminal case is hereafter filed with the Sandiganbayan, said civil action shall be transferred to theSandiganbayan for consolidation and joint determination with the criminal action, otherwise, the criminal action mayno longer be filed with the Sandiganbayan, its exclusive jurisdiction over the same notwithstanding, but may be filedand prosecuted only in the regular courts of competent jurisdiction; Provided, further, that, in cases within theconcurrent jurisdiction of the Sandiganbayan and the regular courts, where either the criminal or civil action is firstfiled with the regular courts, the corresponding civil or criminal action, as the case may be, shall only be filed with theregular courts of competent jurisdiction.

Excepted from the foregoing provisions, during martial law, are criminal cases against officers and members of thearmed forces in the active service.

Section 5. Proceedings, how conducted; votes required. The unanimous vote of the three justices in a division shallbe necessary for the pronouncement of a judgment. In the event that the three justices do not reach a unanimousvote, the Presiding Judge shall designate two other justices from among the members of the Court to sit temporarilywith 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 theSandiganbayan 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.



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Section 7. Form, finality and enforcement of decisions. Decisions and final orders of the Sandiganbayan shall containcomplete 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 fromsubmission 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, therecords 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 theSandiganbayan within its exclusive jurisdiction where none of the accused has been arraigned shall be transferred tothe Sandiganbayan.

Section 9. Rule-making Power. The Sandiganbayan shall have the power to promulgate its own rules of procedureand, 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 adoptsuch rules governing the constitution of its divisions, the allocation of cases among them, the rotation of justices andother matters relating to its business.

Section 11. Proceeding free of charge. All proceedings in the Sandiganbayan shall be conducted at no cost to thecomplainant and/or his witnesses.

No criminal information or complaint shall be entertained by the Sandiganbayan except upon a certification by theInvestigating Prosecutor of the existence of a prima facie case to be determined after a preliminary investigationconducted 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 deemnecessary to discharge its functions under this Decree including a Clerk of Court and three (3) Deputy Clerks of Courtwho 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 alldisbursements 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 generalappropriations act. The appropriations for the Sandiganbayan shall be automatically released in accordance with aschedule submitted by the Sandiganbayan.

Section 15. Separability of Provisions. If for any reason, any section or provision of this Decree is declared to beunconstitutional or invalid, other sections or provisions thereof which are not affected thereby, shall continue in fullforce 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.



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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 SANDIGANBAYAN

Pursuant to the provisions of Section 5 of Article XIII of the Constitution of the Philippines, as implemented byPresidential Decree No. 1606, the Sandiganbayan hereby adopts and promulgates the following rules to govern theconduct of its business.

RULE ITITLE AND CONSTRUCTION

Section 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 achievea just, expeditious and inexpensive determination of every action and proceeding before the Sandiganbayan.

RULE II

CONTROL OF FUNCTIONS AND SUCCESSION

Section 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 internalaffairs 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 sameshall devolve upon the qualified most senior Associate Justices until such incapacity is removed or another PresidingJustice is appointed and has duly qualified.

RULE III

COMPOSITION OF DIVISIONS

Section 1. How Divisions Constituted. The Sandiganbayan shall consist of three divisions which shall be known asthe First Division, Second Division, and Third Division, and shall each be composed of Presiding Justice and the firsttwo Associate Justices in the order of precedence as the respective Chairmen; the next three Associate Justices inthe 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 shallhave been appointed and qualified, the Presiding justice and the two Associate Justices first appointed and qualifiedshall 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 rotationon the basis of the reverse order of precedence, to sit as a special member of said division with all the rights andprerogatives of a regular member of said division in the trial and determination of cases assigned thereto, unless theoperation of the other divisions of the Court will be prejudiced thereby, in which case, the procedure provided inSection 3, Rule VIII of these Rules shall apply.

RULE IVFILING OF CASES



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Section 1. Proceedings Free of Charge. All proceedings in the Sandiganbayan be conducted at no cost to thecomplainant and/or his witnesses.

Section 2. Preliminary Investigation Necessary. No criminal information or complaint shall be entertained by theSandiganbayan except upon a certification by the investigating Prosecutor of the existence of a prima facie case tobe 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 Clerkof Court of the Sandiganbayan which shall be open for the purpose of receiving complaints, information, motions andthe like from eight to twelve o'clock in the morning and twelve thirty to four-thirty o'clock in the afternoon, on Mondaysto Fridays, except on public or special holidays.

RULE VDISTRIBUTION AND CONSOLIDATION OF CASES

Section 1. Distribution of Cases. All cases filed with the Sandiganbayan shall be allotted among the three divisionsfor hearing and decision by raffle to be conducted by a Raffle Committee composed of the Presiding Justice and thetwo most senior Associate Justices available, on such days as may hereafter be fixed by the Presiding Justicedepending upon the need for such raffle to be made in view of the number of cases filed, with notice to the interestedparties who may, if they so desire, be present therein by themselves or through counsel.

Section 2. Consolidation of Cases. Cases arising from the same incident on series of incidents, or involving commonquestions of fact and law, may, in the discretion of Sandiganbayan, be consolidated in only one division. Should thepropriety of such consolidation appear upon the filing of the cases concerned and before they are raffled, all suchcases shall be considered as one case for purposes of the raffle; but, should the propriety of such consolidation maybe affected upon motion of an interested party filed with the division taking cognizance of the case to be consolidatedand, 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 caseswith the same number of cases transferred to it to the end that all divisions shall, as much as possible, receive moreor 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 withthese Rules shall remain with said division notwithstanding changes in the composition thereof and all matters raisedtherein shall be deemed to be submitted for consideration and adjudication by any and all of the Justices who aremembers of the division aforesaid at the time said matters are taken up, irrespective of whether they were or were notmembers of the division at the time the case was first assigned thereto: Provided, however, That only Justices whoare members of the division at the time a case is submitted for decision shall take part in the consideration andadjudication of said case, unless any such member thereafter ceases to be a member of the Sandiganbayan for anyreason whatsoever in which case any Justice chosen to fill the vacancy in accordance with the manner provided inSection 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 toanother.

RULE VIPROCESSES

Processes and writs of the Sandiganbayan which by their nature or by provision of existing laws or the Rules of Courtare to be issued under the signature of a Judge or a Justice shall be signed by the Chairman of the divisionconcerned: Provided, That if there is an urgent necessity for the issuance thereof before the case is raffled to adivision, the same shall be signed by the Presiding Justice. In the absence of the Presiding Justice or the Chairmanaforesaid, the process or writ shall be signed by the senior Associate Justice in the Sandiganbayan or in the divisionsconcerned, 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 VIIBAIL



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Section 1. How Amount Fixed; Approval. The amount of bail to be posted in cases in the Sandiganbayan shall befixed by the Chairman of the division thereof to which they are assigned; and such bail may be approved by anyJustice of the Sandiganbayan, but preferably by a Justice of the division concerned: Provided, however, That wherethe 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 thedivision 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 complaintor information in the division of the Sandiganbayan to which it is assigned or transferred for trial and submit himself tothe orders and processes thereof and, after conviction, if the case is appealed to the Supreme Court, that he willsurrender himself for the execution of such judgment as the Supreme Court may render; or, that, in case the cause isto be tried anew or remanded for a new trial, he will appear in the division to which it may be remanded and submithimself to the orders and processes thereof.

RULE VIIISESSIONS AND TRIAL

Section 1. How Sessions Held. The Sandiganbayan shall for administrative purposes, sit en banc; and, for the trialand 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 thePresiding Justice or the Chairman of a division, as the case may be, the Associate Justice attending the session enbanc 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 indivision: 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 thePresiding Justice, designate any Justice of the Court of Appeals, Judge of the Court of First Instance or of the CircuitCriminal Court to sit temporarily therein.

Section 4. Place of Holding Sessions. Sessions of the Sandiganbayan, whether en banc or in division, shall be heldin the place of its principal office in the Metropolitan Manila area where it shall try and determine all cases filed with itirrespective of the place where they may have arisen: Provided, however, That the Presiding Justice may authorizeany division or divisions of the Court to hold sessions at any time and place outside Metropolitan Manila to hear anddecide cases emanating therefrom. For this purpose and whenever necessary, the Sandiganbayan may require theservices of the personnel and the use of the facilities of any agency of the Government, national or local, includingthe Courts of First Instance or Circuit Criminal Court of the province or city where any of the divisions is holdingsession, 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 thePresiding Justice or at the instance at least five Associate Justices. Sessions for the trial of cases cognizable by itshall be held on such days and at such times as the divisions thereof may, by order and upon notice to the partiesconcerned, 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 accusedand 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;



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RULE XIIPETITION FOR RECONSIDERATION

Within fifteen (15) days from the promulgation or notice of a judgment or final order of a division of theSandiganbayan, unless said judgment or order had in the meantime otherwise attained finality, a petition for thereconsideration thereof may be filed upon the grounds, in the form and subject to the requirements, for motions for

new trial in criminal cases under Rule 121 of the Rules of Court, and such petition for reconsideration shall bedecided within thirty (30 days from submission thereof.

RULE XIIIREVIEW OF JUDGMENTS AND FINAL ORDERS

Section 1. Method of Review. A party may appeal from a judgment or final order of a division of the Sandiganbayanby filing with the Supreme Court a petition for certiorari in accordance with Rule 45 of Rules of Court and by serving acopy thereof to the Sandiganbayan.

Whenever, in any case decided, the death penalty shall have been imposed, the records shall be forwarded to theSupreme Court, whether the accused shall have appealed or not, for review and judgment, as law and justice shalldictate.

Section 2. Bail Pending Appeal. An accused who has been released on bail shall not committed to jail uponconviction pending the expiration of the period for appeal or pending an appeal seasonably taken, except when thepenalty 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, cancelthe bond or increase the amount of bail and commit the accused into custody pending appeal, unless he gives bail inthe increased amount. The surely shall also be responsible for the surrender or the accused after judgment shallhave become final.

RULE XIVPUBLICATION OF DECISIONS

With the consent of the respective writers thereof, the decisions of the Sandiganbayan may be published in theOfficial 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 COURT

Except as otherwise herein provided or as may hereafter be modified from time to time by the Sandiganbayan andinsofar as practicable, the Rules of Court shall govern proceedings in the Sandiganbayan.

RULE XVISEAL OF THE SANDIGANBAYAN

The seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two concentric circles as itsmargin, with the inscription, running from left to right, on the upper margin of the word "Sandiganbayan" and on thelower 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 areacomposed 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 eachcorner of the triangle representing Luzon, Visayas and Mindanao; and a bolo inside the triangle on which issuperimposed a balance.

RULE XVIISEPARABILITY CLAUSE



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If, 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 XVIIIEFFECTIVITY

The 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. P.D. 1861PRESIDENTIAL DECREE NO. 1861 - AMENDING THE PERTINENT PROVISIONS OF PRESIDENTIAL DECREENO. 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 theconcurrent jurisdiction of the Sandiganbayan and the regular courts;

WHEREAS, Batas Pambansa Blg. 129 expanded the exclusive original jurisdiction of the Sandiganbayan over theoffenses enumerated in Section 4 of Presidential Decree No. 1606, to embrace all such offenses irrespective of theimposable penalty;

WHEREAS, there has been a proliferation and marked increase in the filing of cases before the Sandiganbayanwhere the offense charged is punishable by a penalty not higher than prision correccional or its equivalent; and

WHEREAS, to insure that the prosecution of offenses committed by public officers and employees, including thoseemployed 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 casesinvolving 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 meby 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 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;

(2) Other offenses or felonies committed by public officers and employees in relation to their office, including thoseemployed in government-owned or controlled corporations, whether simple or complexed with other crimes, wherethe penalty prescribed by law is higher than prision correccional or imprisonment for six (6) years, or a fine of P6,000.00: PROVIDED, HOWEVER, that offenses or felonies mentioned in this paragraph where the penaltyprescribed by law does not exceed prision correccional or imprisonment for six (6) years or a fine of P6,000.00 shallbe tried by the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court and Municipal Circuit TrialCourt.

"(b) Exclusive appellate jurisdiction:

(1) On appeal, from the final judgments, resolutions or orders of the Regional Trial Courts in cases originally decidedby them in their respective territorial jurisdiction.



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(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 andMunicipal Circuit Trial Courts, in their respective jurisdiction.

"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules the Supreme Court haspromulgated and may hereinafter promulgate, relative to appeals/petitions for review to the Intermediate Appellate

Court shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to theSandiganbayan, 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 withsaid public officers and employees.

"Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the correspondingcivil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneouslyinstituted with, and jointly determined in the same proceeding by the Sandiganbayan or the appropriate courts, thefiling of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right toreserve 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, andthe criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall betransferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and jointdetermination 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 thisDecree 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 theexclusive authority to conduct preliminary investigation, file the necessary information, and direct and control theprosecution of all cases enumerated in Section 4 of Presidential Decree No. 1606, whether such cases be within theexclusive original/appellate jurisdiction of the Sandiganbayan or the appropriate courts in accordance with theprovisions of Presidential Decree No. 1630.

Section 4. All other laws, orders, promulgations, rules and regulations or parts thereof, which are inconsistentherewith 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. R.A. 7995 APPROVED MARCH 10, 1995AN ACT PROVIDING FOR THE CONVERSION OF THE BAROTAC NUEVO NATIONAL COMPREHENSIVE HIGHSCHOOL IN THE MUNICIPALITY OF BAROTAC NUEVO, PROVINCE OF ILOILO, INTO A POLYTECHNICINSTITUTE, TO BE KNOWN AS THE BAROTAC NUEVO POLYTECHNIC INSTITUTE, AND APPROPRIATINGFUNDS THEREFORE

Section 1. The Barotac Nuevo National Comprehensive High School in the Municipality of Barotac Nuevo, Provinceof Iloilo, is hereby converted into a polytechnic institute to be known as the Barotac Nuevo Polytechnic Institute.

Section 2. The Institute, in addition to its present secondary offerings, is hereby authorized to offer post-secondaryprograms in agriculture, technology and engineering and teacher education, which are priority programs of thegovernment schools as well as short-term technical and vocational courses, subject to the policies of the Commissionon Higher Education.

Section 3. The title to the assets and properties now under the name of the Barotac Nuevo National ComprehensiveHigh School shall be changed and transferred to the Barotac Nuevo Polytechnic Institute, in accordance with existinglaws, rules and regulations.



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Section 4. The faculty and employees of the Barotac Nuevo National Comprehensive High School shall remain assuch faculty and employees of the Institute: provided, however , that those who may opt to retire shall be granted suchbenefits and privileges as may be provided by existing laws.

Section 5. The chairperson of the Commission on Higher Education, in coordination with the Secretary of Education,Culture and Sports, is hereby authorized to promulgate the necessary rules and regulations to implement the

conversion and operation of the Institute subject to existing rules and regulations.

Section 6. The amount necessary for the implementation of this Act shall be charged against the current yearsappropriations of the Barotac Nuevo National Comprehensive High School. Thereafter, such sums as may benecessary for its operation and maintenance shall be included in the annual General Appropriations Act.

Fees and charges, including government subsidies and other income generated by the Institute shall constitutespecial trust funds and shall be deposited in any authorized government depository bank, and all interest that shallaccrue therefrom shall form part of the same funds for the use of the Institute.

The income generated by the Institute may, at their discretion, be disbursed for the professional growth anddevelopment, health, welfare and other similar benefits of the faculty members and personnel, for extension andstudent welfare expenses so that the flexibility on use of income shall be focused on faculty, personnel improvementand student welfare activities, and for expenses necessary for the attainment of its purposes under this Act.

Section 7. This Act shall take effect upon its approval.

Lapsed into law on April 22, 1995 without the signature of the President in accordance with Article VI, Section 27 (1)of the Constitution.

6. R.A. 8249 APPROVED FEBRUARY 5, 1997

Tenth Congress

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven.

Republic Act No. 8249 February 5, 1997

AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN, AMENDING FOR THEPURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR

OTHER PURPOSES

Be 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 amendedto read as follows:

"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure; Removal and Compensation. - A specialcourt, 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 fourteenassociate justices who shall be appointed by the President."

Section 2. Section 2 of the same decree is hereby further amended to read as follows:



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"SECTION 2. Official Station; Place of Holding Sessions. - The Sandiganbayan shall have its principal officein 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 thegreater convenience of the accused and of the witnesses, or other compelling considerations require thecontrary, 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 anydivisions 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 theservices of the personnel and the use of facilities of the courts or other government offices where any of thedivisions is holding sessions and the personnel of such courts or offices shall be subject to the orders of theSandiganbayan."

Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.


"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and CorruptPractices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised PenalCode, 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 Actof 1989 (Republic Act No. 6758), specifically including:

"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan andprovincial 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) Officers of the Philippine National Police while occupying the position of provincialdirector and those holding the rank of senior superintendent or higher;

"(f) City and provincial prosecutors and their assistants, and officials and prosecutors inthe Office of the Ombudsman and special prosecutor;

"(g) Presidents, directors or trustees, or managers of government-owned or -controlledcorporations, 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 Compensationand Position Classification Act of 1989.



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"b. Other offenses orfelonies whether simple or complexed with other crimes committed by the publicofficials 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,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 Republic Act No. 6758, or military or PNP officers mentioned above, exclusiveoriginal jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipaltrial court and municipal circuit trial court ' as the case may be, pursuant to their respective jurisdiction asprovided in Batas Pambansa Blg. 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 orof their appellate

jurisdiction as herein provided.

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aidof its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that mayarise in cases filed or which may be filed under Executive Order Nos. 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 Batas Pambansa Blg. 129, as well as the implementing rules that the SupremeCourt 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 elevatedto 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 toExecutive 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 officersor 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 jurisdictionover them.

"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and thecorresponding 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 toreserve the filing of such civil action separately from the criminal action shall be recognized: Provided,however, That where the civil action had therefore been filed separately but judgment therein has not yetbeen rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, saidcivil 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 bedeemed abandoned."


'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders determining themerits of a case or finally disposing of the action or proceedings of the Sandijanbayan shall containcomplete findings of the facts and the law on which they are based, on all issues properly raised before itand necessary in deciding the case.

"A petition for reconsideration of any final order or decision may be filed within fifteen (15) days frompromulgation or notice of the final order on judgment, and such motion for reconsideration shall be decidedwithin thirty (30) days from submission thereon.



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"Decisions and final orders ofthe 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 imprisonmentor death is imposed, the decision shall be appealable to the Supreme Court in the manner prescribed in theRules of Court.

"Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided bylaw.

"Decisions and final orders of other courts in cases cognizable by said courts under this decree as well asthose rendered by them in the exercise of their appellate jurisdiction shall be appealable to, or be reviewableby, 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 accused files an appeal."

Section 6. Appropriations . - The amount necessary to carry out the initial implementation of this Act shall becharged against the current fiscal year appropriations of the Sandiganbayan. Thereafter, such sums as may beneeded 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 notbegun as of the approval hereof

Section 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 theprovisions 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.

Approved:

(Sgd.) ERNESTO M. MACEDAPresident of the Senate

(Sgd.) JOSE DE VENECIA, JR.Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5323 and Senate Bill No. 844 was finally passed by the House of Representatives and the Senate on January 28,1997 and January 29, 1997, respectively.

(Sgd.) LORENZO E. LEYNES, JR.Secretary of Senate

(Sgd.) ROBERTO P. NAZARENOSecretary General

House of Represenatives

Approved: February 5, 1997

(Sgd.) FIDEL V. RAMOSPresident of the Philippines

E. JURISDICTION OF THE SANDIGANBAYAN



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1. PEOPLE OF THE PHILIPPINES V. SANDIGANBAYAN AND VICTORIA AMANTE

FACTS:

Victoria Amante was a member of the Sangguniang Panglungsod of the Province of Cebu andshe allegedly obtained a certain cash advance for which no liquidation (which was mandated) was

made under disbursement voucher in order to defray seminar expenses of the Committee onHealth and Environment protection.The COA submitted an investigation report to the Office of the Deputy Ombudsman for Visayaswhich recommended that she be further investigated to ascertain her proper charges under theAuditing Code of the Philippines.The Office of the Ombudsman recommended that an Information for Malversation of Public Fundsbe filed against Amate.The OSP filed an information with the Sandiganbayan against Amante for violation of PD 1445 andsuch case was raffled to the Third Division of the Sandiganbayan.In her answer, the respondent claims that she already liquidated and refunded the balance of her cash advance and that the Sandiganbayan has no jurisdiction over her since then, she was alocal official who was occupying a position of SG 26 and the law conferring jurisdictionto theSandiganbayan states that it shall have original jurisdiction only in cases where the accused holdsa position otherwise classified as Grade 27 and higher.

ISSUE:

Whether or not a member of the Sangguiniang Panglungsod under SG26 who was charged withviolation of the Auditing Code of the Philippines falls within the jurisdiction of the Sandiganbayan.

RATIO:

The jurisdiction of a court to try a criminal case is to be determined at the time of theinstitution of the action, not at the time of the commission of the offense. The exceptionprovided in Section 4 of the law which states at the time of the commission of the offense isconfined only to cases where the law violated is one of those enumerated in 4(a). It is notapplicable in the present case since the offense involved here is a violation of the Auditing Code of the Philippines.This present case falls under Section 4(b) where other offenses and felonies committed by

public officials or employees in relation to their office are involved. Under the said provision,there is no exception contained. Thus the jurisdiction is to be determined at the time of theinstitution of the action and not at the time of the commission of the offense.Under 4(A) of the law, offenses are specifically enumerated. And in order for the Sandiganbayan toacquire jurisdiction over the said offenses,it must be committed by the officials or employees withSG27 or higher. But, those under SG27 may also be included provided, they are one of thoseexpressly enumerated.Under 4(b) of the law, other offenses or felonies committed by public officials or employeesmentioned in subsection (a) in relation to their office also fall under the jurisdiction of theSandiganbayan. Hence, Amante, being a member of the Sangguniang Panglungsod (which isan office expressly enumerated) falls within the original jurisdiction of the Sandiganbayan.The petitioner was correct in disputing the decision of the Sandiganbayan which cited the case of Inding v. Sandiganbayan. In that case, the court held that the public officer (SangguniangPanglungsod) with SG25 charged in violation of RA3019 (graft law) was within its jurisdiction.The respondents in this case anchor their arguments on that fact and stated that if the intention of the law had been to extend the application of the exceptions to other cases, then there would havebeen no need to distinguish between violations of the expressly enumerated laws and the other offenses under 4(b). But the court does not agree with this since public office is an essentialelement in the expressly enumerated offenses while those in 4(b), it is enough that theoffenses were committed in relation to the public officials office.4(b) does not mention any qualification as to the officials involved. It refers to those officials withSG27 and above, except those specifically enumerated.

2. SERRANA V. SANDIGANBAYAN



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FACTS:

Serrana (a student regent of UP) is being implicated by petitioner herein and her brother for estafa.Upon investigation, the SB found that there is probable cause for such case.She moved to quash the information and claims that the SB does not have jurisdiction over theoffense charged (estafa) and over her person (because she was just a regent student of UP and as

such, she was not a public officer). She further states that it was not alleged in the information that twas among her functions as a student regent to receive funds or that the crime was committed inrelation to her official functions.

ISSUE:

Whether or not the Sandiganbayan has jurisdiction over Serrana

RATIO:

Every section, provision or clause of the statute must be expounded by reference to each other inorder to arrive at the effect contemplated by the legislature. Petitioner in this case isolated thecrimes enumerated in 4(a) and failed to take into consideration "other crimes and felonies" under 4(b). Sandiganbayan has jurisdiction over felonies committed by public officials in relationto their office.It only requires that it be committed by the officials in (a-g)

And that the offense be committed in relation to their office.The contention that she is not a public officer was considered by the courts and says that a "publicoffice is the right, authority and duty, created and conferred by law, by which, for a givenperiod, either fixed by law or enduring at the pleasure of the creating power, an individual isvested with some portion of the sovereign functions of the government"It is not the SG27 that determined the jurisdiction of the SB since it also has jurisdiction over officers with SGs lower than 27 as long as they are enumerated in 4(a). They are covered byexpress provision by law.The law vests tin the SB the jurisdiction over Presidents, directors, trustees, or managers of GOCCs, state universities or educational institutions or foundations to which petitioner belongs to.Compensation is not an essential element of public office.

Assuming arguendo that she is not of SG27, she still committed the offense in relation to her office

contrary to what she avers.

3. ANTONINO ESQUIVEL V. THE HON. OMBUDSMAN

FACTS:

Offended parties herein are police officers charging the municipal mayor (Esquivel) of Pampangaalong with his brother, the barangay captain with alleged illegal arrest, arbitrary detention,maltreatment, attempted murder and grave threats.The parties herein were forced to board a vehicle and was there mauled with the use of a firearmand was threatened to be killed. Before they were released from detention, they were made to signa statement in the police blotter that he was in good physical conditon.However, in support of his charge against Esquivel, he (Eduardo) presented a medical certificateshowing his injuries.

After the charges were filed, separate informations for less serious physical injuries againstEsquivel and his brother and for grave threats against mayor were formally filed with the SB.

According to the petitioners, they hold positions excluded in RA 7975 which means they are notcovered by the SB.

ISSUE:

Whether or not the SB has jurisdiction over the offenses filed against petitioners

RATIO:



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The ombudsman is empowered to determine whether there exists a reasonable ground to believe that acrime has been committed and that the accused is probably guilty thereof and thereafter to file acorresponding information with the appropriate courts.The court has consistently held that the SB has original and exc

crimpro digest for june 10, 2013 sets a to e (inc.)

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