Republic of the Philippines
Congress of the Philippines
Metro ManilaTenth 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 THE PURPOSE 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 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...
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Republic Acts
AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN
Republic Act No. 8249
Summary of Republic Act No. 8249
Composition and Jurisdiction of the Sandiganbayan
- The Sandiganbayan is a special court with the same level as the Court of Appeals, composed of a presiding justice and fourteen associate justices appointed by the President. (Section 1)
- It has jurisdiction over the following cases: (Section 4)
- Violations of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), the Anti-Graft Law (Republic Act No. 1379), and certain provisions of the Revised Penal Code, where the accused are public officials occupying positions of regional director and higher (Grade '27' and higher under the Compensation and Position Classification Act of 1989), including:
- Provincial governors, vice-governors, members of the provincial board, and provincial department heads
- City mayors, vice-mayors, members of the city council, and city department heads
- Consuls and higher officials of the diplomatic service
- Philippine army and air force colonels, naval captains, and higher-ranking officers
- Philippine National Police provincial directors and officers with the rank of senior superintendent or higher
- City and provincial prosecutors, officials and prosecutors in the Office of the Ombudsman, and special prosecutors
- Presidents, directors, trustees, or managers of government-owned or controlled corporations, state universities, educational institutions, or foundations
- Members of Congress and officials classified as Grade '27' and higher
- Members of the judiciary, without prejudice to the Constitution
- Chairmen and members of Constitutional Commissions, without prejudice to the Constitution
- All other national and local officials classified as Grade '27' and higher
- Other offenses or felonies committed by the above-mentioned public officials and employees in relation to their office. (Section 4)
- Civil and criminal cases filed pursuant to and in connection with Executive Orders 1, 2, 14, and 14-A issued in 1986. (Section 4)
- If none of the accused are occupying positions corresponding to salary grade '27' or higher, or are military or police officers mentioned above, the case falls under the jurisdiction of the appropriate regional trial court, metropolitan trial court, municipal trial court, or municipal circuit trial court. (Section 4)
- The Sandiganbayan has exclusive appellate jurisdiction over final judgments, resolutions, or orders of regional trial courts, whether in the exercise of their original or appellate jurisdiction. (Section 4)
- The Sandiganbayan has exclusive original jurisdiction over petitions for writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction, as well as petitions of similar nature, including quo warranto, arising from cases filed under Executive Orders 1, 2, 14, and 14-A, issued in 1986. However, this jurisdiction is not exclusive of the Supreme Court. (Section 4)
- In cases involving both public officials and private individuals as co-principals, accomplices, or accessories, they shall be tried jointly in the proper courts with exclusive jurisdiction. (Section 4)
- The criminal action and the corresponding civil action for the recovery of civil liability shall be instituted and jointly determined in the same proceeding by the Sandiganbayan or the appropriate courts. (Section 4)
Procedures and Appeals
- The procedure prescribed in Batas Pambansa Blg. 129 and the implementing rules promulgated by the Supreme Court for appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for review filed with the Sandiganbayan. (Section 4)
- In 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 1, 2, 14, and 14-A, issued in 1986. (Section 4)
- Decisions and final orders of the Sandiganbayan shall contain complete findings of facts and law on all issues properly raised and necessary in deciding the case. (Section 7)
- A petition for reconsideration of any final order or decision may be filed within fifteen (15) days from promulgation or notice, and shall be decided within thirty (30) days from submission. (Section 7)
- 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. (Section 7)
- Whenever the penalty of reclusion perpetua, life imprisonment, or death is imposed by the Sandiganbayan, the decision shall be appealable to the Supreme Court in the manner prescribed in the Rules of Court. (Section 7)
- 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 reviewable by the Sandiganbayan in the manner provided by Rule 122 of the Rules of Court. (Section 7)
- In cases where the imposed penalty by the Sandiganbayan or the regional trial court is death, review by the Supreme Court shall be automatic, whether or not the accused files an appeal. (Section 7)
Other Provisions
- The amount necessary for the initial implementation of this Act shall be charged against the current fiscal year appropriations of the Sandiganbayan, and subsequent amounts shall be included in the annual General Appropriations Act. (Section 6)
- This Act shall apply to all cases pending in any court over which trial has not begun as of the approval of this Act. (Section 7)
- If any provision of this Act is declared unconstitutional or invalid, the remaining provisions shall remain in full force and effect. (Section 8)
- All acts, decrees, general orders, and circulars, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. (Section 9)
- This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation. (Section 10)
Composition and Jurisdiction of the Sandiganbayan
- The Sandiganbayan is a special court with the same level as the Court of Appeals, composed of a presiding justice and fourteen associate justices appointed by the President. (Section 1)
- It has jurisdiction over the following cases: (Section 4)
- Violations of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), the Anti-Graft Law (Republic Act No. 1379), and certain provisions of the Revised Penal Code, where the accused are public officials occupying positions of regional director and higher (Grade '27' and higher under the Compensation and Position Classification Act of 1989), including:
- Provincial governors, vice-governors, members of the provincial board, and provincial department heads
- City mayors, vice-mayors, members of the city council, and city department heads
- Consuls and higher officials of the diplomatic service
- Philippine army and air force colonels, naval captains, and higher-ranking officers
- Philippine National Police provincial directors and officers with the rank of senior superintendent or higher
- City and provincial prosecutors, officials and prosecutors in the Office of the Ombudsman, and special prosecutors
- Presidents, directors, trustees, or managers of government-owned or controlled corporations, state universities, educational institutions, or foundations
- Members of Congress and officials classified as Grade '27' and higher
- Members of the judiciary, without prejudice to the Constitution
- Chairmen and members of Constitutional Commissions, without prejudice to the Constitution
- All other national and local officials classified as Grade '27' and higher
- Other offenses or felonies committed by the above-mentioned public officials and employees in relation to their office. (Section 4)
- Civil and criminal cases filed pursuant to and in connection with Executive Orders 1, 2, 14, and 14-A issued in 1986. (Section 4)
- If none of the accused are occupying positions corresponding to salary grade '27' or higher, or are military or police officers mentioned above, the case falls under the jurisdiction of the appropriate regional trial court, metropolitan trial court, municipal trial court, or municipal circuit trial court. (Section 4)
- The Sandiganbayan has exclusive appellate jurisdiction over final judgments, resolutions, or orders of regional trial courts, whether in the exercise of their original or appellate jurisdiction. (Section 4)
- The Sandiganbayan has exclusive original jurisdiction over petitions for writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction, as well as petitions of similar nature, including quo warranto, arising from cases filed under Executive Orders 1, 2, 14, and 14-A, issued in 1986. However, this jurisdiction is not exclusive of the Supreme Court. (Section 4)
- In cases involving both public officials and private individuals as co-principals, accomplices, or accessories, they shall be tried jointly in the proper courts with exclusive jurisdiction. (Section 4)
- The criminal action and the corresponding civil action for the recovery of civil liability shall be instituted and jointly determined in the same proceeding by the Sandiganbayan or the appropriate courts. (Section 4)
Procedures and Appeals
- The procedure prescribed in Batas Pambansa Blg. 129 and the implementing rules promulgated by the Supreme Court for appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for review filed with the Sandiganbayan. (Section 4)
- In 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 1, 2, 14, and 14-A, issued in 1986. (Section 4)
- Decisions and final orders of the Sandiganbayan shall contain complete findings of facts and law on all issues properly raised and necessary in deciding the case. (Section 7)
- A petition for reconsideration of any final order or decision may be filed within fifteen (15) days from promulgation or notice, and shall be decided within thirty (30) days from submission. (Section 7)
- 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. (Section 7)
- Whenever the penalty of reclusion perpetua, life imprisonment, or death is imposed by the Sandiganbayan, the decision shall be appealable to the Supreme Court in the manner prescribed in the Rules of Court. (Section 7)
- 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 reviewable by the Sandiganbayan in the manner provided by Rule 122 of the Rules of Court. (Section 7)
- In cases where the imposed penalty by the Sandiganbayan or the regional trial court is death, review by the Supreme Court shall be automatic, whether or not the accused files an appeal. (Section 7)
Other Provisions
- The amount necessary for the initial implementation of this Act shall be charged against the current fiscal year appropriations of the Sandiganbayan, and subsequent amounts shall be included in the annual General Appropriations Act. (Section 6)
- This Act shall apply to all cases pending in any court over which trial has not begun as of the approval of this Act. (Section 7)
- If any provision of this Act is declared unconstitutional or invalid, the remaining provisions shall remain in full force and effect. (Section 8)
- All acts, decrees, general orders, and circulars, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. (Section 9)
- This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation. (Section 10)