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AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN
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AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN
Republic Act No. 7975
March 30, 1995
Case Overview and Summary
Division of the Court; Quorum (Section 1)- The Sandiganbayan shall sit in five divisions of three justices each.
- The first three divisions shall be stationed in Metro Manila, the fourth division in Cebu City for Visayas cases, and the fifth division in Cagayan de Oro City for Mindanao cases.
- Three justices shall constitute a quorum for sessions in divisions.
- If the quorum cannot be met due to disqualification, disability, or vacancy, the Presiding Justice may designate an Associate Justice of the Court, or the President may designate a Court of Appeals Justice, to sit temporarily.
Jurisdiction (Section 2)
- The Sandiganbayan shall exercise original jurisdiction in cases involving:
a. Violations of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying positions of regional director and higher (grade 27 and higher under the Compensation and Position Classification Act of 1989), including:
1. Executive branch officials (provincial governors, city mayors, members of local councils, treasurers, assessors, engineers, department heads)
2. Diplomatic service officials (consul and higher)
3. Philippine Army and Air Force colonels, naval captains, and higher-ranking officers
4. PNP chief superintendent and higher-ranking officers
5. City and provincial prosecutors, Ombudsman officials and prosecutors
6. Presidents, directors, trustees, or managers of government-owned or controlled corporations, state universities, educational institutions, or foundations
7. Members of Congress and officials classified as Grade "27" and up
8. Members of the judiciary
9. Chairmen and members of Constitutional Commissions
10. All other national and local officials classified as Grade "27" and higher
b. Other offenses or felonies committed by the public officials and employees mentioned in (a) in relation to their office.
c. Civil and criminal cases filed pursuant to and in connection with Executive Orders 1, 2, 14, and 14-A.
- If none of the principal accused are occupying positions corresponding to salary grade "27" or higher, or PNP officers of superintendent rank or higher, exclusive jurisdiction shall be vested in the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court.
- The Sandiganbayan shall exercise exclusive appellate jurisdiction on appeals from final judgments, resolutions, or orders of regular courts where all the accused are occupying positions lower than salary grade "27".
- The Sandiganbayan shall have exclusive original jurisdiction over petitions for writs of mandamus, prohibition, certiorari, habeas corpus, injunction, and other ancillary writs and processes in aid of its appellate jurisdiction, but not exclusive of the Supreme Court.
- The procedure for appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for review filed with the Sandiganbayan.
- The Office of the Ombudsman, through its special prosecutor, shall represent the people of the Philippines in cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, except in cases filed pursuant to Executive Orders 1, 2, 14, and 14-A.
- If private individuals are charged as co-principals, accomplices, or accessories with public officers or employees, they shall be tried jointly with said public officers and employees in the proper courts.
- The criminal action and the corresponding civil action for the recovery of civil liability shall be simultaneously instituted and jointly determined in the same proceeding by the Sandiganbayan or the appropriate courts.
Form, Finality and Enforcement of Decisions (Section 3)
- All 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.
- A petition for reconsideration may be filed within 15 days from promulgation or notice of the final order or judgment, and shall be decided within 30 days from submission.
- 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, or whenever the penalty of reclusion perpetua or higher is imposed.
- If the penalty imposed is death, review by the Supreme Court shall be automatic, whether or not the accused filed an appeal.
- Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by law.
- Decisions and final orders of other courts in cases cognizable by said courts under this Act shall be appealable to the Sandiganbayan within 15 days from promulgation or notice to the parties.
Rules of Procedure (Section 4)
- The Rules of Court promulgated by the Supreme Court shall apply to all cases and proceedings filed with the Sandiganbayan.
- The Sandiganbayan shall have no power to promulgate its own rules of procedure, except to adopt internal rules governing the allotment of cases among the divisions, the rotation of justices among them, and other matters relating to the internal operations of the court, which shall be enforced until repealed or modified by the Supreme Court.
Repealing Clause (Sections 5-7)
- Section 10 of Presidential Decree No. 1606 is repealed.
- Presidential Decrees Nos. 1486, 1606, and 1861, Executive Orders Nos. 101 and 184, and all other laws, decrees, orders, and rules inconsistent with this Act are repealed or modified accordingly.
- Upon the effectivity of this Act, all criminal cases in which trial has not begun in the Sandiganbayan shall be referred to the proper courts.
Effectivity Clause (Section 8)
- This Act shall take effect 15 days following its publication in the Official Gazette or in two national newspapers of general circulation.
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Statutes
Republic Acts
Sandiganbayan
jurisdiction
anti-graft
corruption
public officials
government employees
civil liability
criminal liability
appeals
rules of procedure
quorum
divisions
finality of decisions
enforcement of decisions
Republic Act No. 3019
Anti-Graft and Corrupt Practices Act
Republic Act No. 1379
Revised Penal Code
Executive Orders
government-owned or controlled corporations
state universities
educational institutions
foundations
Congress
judiciary
Constitutional Commissions
Compensation and Position Classification Act of 1989
Philippine National Police (PNP)
diplomatic service
Philippine Army
Philippine Air Force
Office of the Ombudsman
special prosecutor
regional directors
provincial governors
city mayors
sangguniang panlalawigan
sangguniang panlungsod
provincial treasurers
assessors
engineers
department heads
consuls
colonels
captains
chief superintendents
prosecutors
presidents
directors
trustees
managers
salary grade 27
Regional Trial Court
Metropolitan Trial Court
Municipal Trial Court
Municipal Circuit Trial Court
writs of mandamus
prohibition
certiorari
habeas corpus
injunction
ancillary writs
petition for reconsideration
petition for review on certiorari
reclusion perpetua
death penalty
automatic review
internal rules
allotment of cases
rotation of justices
internal operations
Law
AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN
Republic Act No. 7975
•March 30, 1995
REPUBLIC ACT No. 7975
AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED
Section 1. Section 3 of Presidential Decree No. 1606, as amended by Executive Order No. 184, is hereby further amended to read as follows:
"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in five (5) divisions of three justices each. The five (5) may sit at the same time.
"The first three divisions shall be stationed in the Metro Manila area, the fourth division shall be in Cebu City for cases coming from the Visayas region, and the fifth division shall be in Cagayan de Oro City for cases coming from the Mindanao region.
"Three Justices shall constitute a quorum for sessions in divisions: Provided, That when the required quorum for the particular division cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the Presiding Justice may designate an Associate Justice of the Court,...
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Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
Sandiganbayan
jurisdiction
anti-graft
corruption
public officials
government employees
civil liability
criminal liability
appeals
rules of procedure
quorum
divisions
finality of decisions
enforcement of decisions
Republic Act No. 3019
Anti-Graft and Corrupt Practices Act
Republic Act No. 1379
Revised Penal Code
Executive Orders
government-owned or controlled corporations
state universities
educational institutions
foundations
Congress
judiciary
Constitutional Commissions
Compensation and Position Classification Act of 1989
Philippine National Police (PNP)
diplomatic service
Philippine Army
Philippine Air Force
Office of the Ombudsman
special prosecutor
regional directors
provincial governors
city mayors
sangguniang panlalawigan
sangguniang panlungsod
provincial treasurers
assessors
engineers
department heads
consuls
colonels
captains
chief superintendents
prosecutors
presidents
directors
trustees
managers
salary grade 27
Regional Trial Court
Metropolitan Trial Court
Municipal Trial Court
Municipal Circuit Trial Court
writs of mandamus
prohibition
certiorari
habeas corpus
injunction
ancillary writs
petition for reconsideration
petition for review on certiorari
reclusion perpetua
death penalty
automatic review
internal rules
allotment of cases
rotation of justices
internal operations
REPUBLIC ACT No. 7975
AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED
Section 1. Section 3 of Presidential Decree No. 1606, as amended by Executive Order No. 184, is hereby further amended to read as follows:
"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in five (5) divisions of three justices each. The five (5) may sit at the same time.
"The first three divisions shall be stationed in the Metro Manila area, the fourth division shall be in Cebu City for cases coming from the Visayas region, and the fifth division shall be in Cagayan de Oro City for cases coming from the Mindanao region.
"Three Justices shall constitute a quorum for sessions in divisions: Provided, That when the required quorum for the particular division cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the Presiding Justice may designate an Associate Justice of the Court,...
Login to see full content
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