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Creating A Special Court To Be Known As "Sandiganbayan" And For Other Purposes
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Case
Agency Issuance Number
Published Date
Creating A Special Court To Be Known As "Sandiganbayan" And For Other Purposes
Presidential Decree No. 1486
June 11, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1486Creation and Composition of Sandiganbayan (Section 1):
- A special court called Sandiganbayan is created, composed of a Presiding Judge and eight Associate Judges.
- Qualifications: natural-born Filipino citizen, at least 40 years old, and at least 10 years as a judge or practicing lawyer.
- Tenure: Until age 65 or incapacitated.
- Compensation: Presiding Judge - P60,000 annually, Associate Judges - P50,000 annually.
Official Station and Sessions (Section 2):
- Principal office in Metro Manila.
- May hold sessions outside Metro Manila as authorized by the Presiding Judge.
- Can require services and facilities of government agencies.
Quorum and Divisions (Section 3):
- Quorum: 5 judges for en banc sessions, 2 judges for division sessions.
- Can sit en banc or in 3 divisions of 3 judges each.
- President can designate judges from other courts to sit temporarily if quorum cannot be met.
Jurisdiction (Section 4):
- Violations of Anti-Graft and Corrupt Practices Act (R.A. 3019) and R.A. 1379.
- Crimes committed by public officers or employees under Title VII of Revised Penal Code.
- Other crimes committed by public officers or employees in relation to their office.
- Civil suits related to the above crimes.
- Exception: Crimes by military personnel under military tribunals.
Proceedings Against Constitutional Officers (Section 5):
- Cases involving constitutional officers shall be heard en banc.
- 5 judges required for en banc decision, 2 judges for division decision.
Maximum Period for Termination of Cases (Section 6):
- Trial shall be continuous until terminated.
- Judgment shall be rendered within 3 months from case submission.
Decisions, Appeals, and Reconsideration (Section 7):
- Decisions shall contain complete findings of fact.
- En banc decisions appealable to Supreme Court under Rule 45.
- Division decisions appealable under Rule 42.
- Death penalty or life imprisonment cases automatically reviewed by Supreme Court.
- Petition for reconsideration within 15 days, decided within 30 days.
Transfer of Cases (Section 8):
- Cases not yet commenced in trial courts shall be transferred to Sandiganbayan.
- Exception: Cases in military tribunals and against military personnel.
Internal Affairs and Rules (Section 9):
- Sandiganbayan shall administer its own internal affairs.
- Can adopt rules on division constitution, case allocation, judge rotation, etc.
Proceedings and Publicity (Section 10):
- Proceedings shall be free of charge for complainant and witnesses.
- No publicity during preliminary investigation until information is filed.
Administrative Personnel (Section 11):
- Supreme Court may designate or appoint personnel, including Clerk of Court and Deputy Clerks.
- Clerk of Court: P23,000 annually, Deputy Clerks: P18,000 annually.
- Subordinate employees governed by Civil Service Law.
Office of the Chief Special Prosecutor (Section 12):
- Chief Special Prosecutor, Assistant Chief, and 9 Special Prosecutors appointed by the President.
- Compensation: Chief - P30,000, Assistant Chief - P28,000, Special Prosecutors - P24,000.
- Conduct preliminary investigations, file information, and prosecute cases.
- Can administer oaths, issue subpoenas, summon witnesses, and secure attendance.
- Under control of Secretary of Justice.
Office of Special Investigators (Section 13):
- Secretary of Justice may appoint Special Investigators and personnel.
- Assist Chief Special Prosecutor.
- Under Chief Special Prosecutor.
Report to the President (Section 14):
- Sandiganbayan shall submit annual report to the President, including disbursements.
Funding (Section 15):
- Funds appropriated from National Treasury.
- Appropriations automatically released based on Sandiganbayan's schedule.
Repealing Clause (Section 16):
- Inconsistent laws, orders, rules, or regulations are repealed or modified.
Effectivity (Section 17):
- This Decree shall take effect immediately.
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Creating A Special Court To Be Known As "Sandiganbayan" And For Other Purposes
Presidential Decree No. 1486
•June 11, 1978
MALACAÑANGM a n i l a
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 and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at all times accountable to the people;
WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5, Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution and pursuant to Proclamation No. 1081, dated September 21, 1972, do hereby order and decree as follows:
Section 1. Sandiganbayan; Composition; Qualifications; tenure; removal and compensation. A special court, possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan is hereby created composed of a Presiding Judge...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
Sandiganbayan
Special Court
Anti-Graft and Corrupt Practices Act
Public Officers
Government Employees
Crimes
Jurisdiction
Proceedings
Decisions
Appeals
Prosecution
Investigations
Funding
MALACAÑANGM a n i l a
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 and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at all times accountable to the people;
WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5, Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution and pursuant to Proclamation No. 1081, dated September 21, 1972, do hereby order and decree as follows:
Section 1. Sandiganbayan; Composition; Qualifications; tenure; removal and compensation. A special court, possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan is hereby created composed of a Presiding Judge...
Login to see full content
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