Revising Presidential Decree No. 1486 Creating A Special Court To Be Known As "Sandiganbayan" And For Other Purposes

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Revising Presidential Decree No. 1486 Creating A Special Court To Be Known As "Sandiganbayan" And For Other Purposes

Presidential Decree No. 1606

December 10, 1978

Case Overview and Summary

Summary of Presidential Decree No. 1606

Creation of the Sandiganbayan
- A special court called the Sandiganbayan is created, with the same level as the Court of Appeals. (Section 1)
- It is composed of a Presiding Justice and eight Associate Justices appointed by the President. (Section 1)

Qualifications and Tenure of Justices
- Justices must be natural-born Filipino citizens, at least 40 years old, and have been a judge or engaged in law practice for at least 10 years. (Section 1)
- Justices cannot be removed except through impeachment. (Section 1)
- The Presiding Justice receives an annual salary of ₱60,000, and Associate Justices receive ₱55,000. Their salaries cannot be diminished and are subject to increases given to Court of Appeals Justices. (Section 1)
- Justices hold office until age 65 or incapacitated. (Section 1)

Jurisdiction and Powers
- The Sandiganbayan has jurisdiction over violations of the Anti-Graft and Corrupt Practices Act, crimes committed by public officers and employees, and other offenses related to public office. (Section 4)
- It has original and exclusive jurisdiction for offenses punishable by more than prision correccional, and concurrent jurisdiction with regular courts for other offenses. (Section 4)
- Private individuals charged as co-principals, accomplices, or accessories with public officers shall be tried jointly. (Section 4)
- The Sandiganbayan shall simultaneously institute and jointly determine the criminal and civil actions arising from the offense charged. (Section 4)
- It has the power to promulgate its own rules of procedure. (Section 9)

Proceedings and Decisions
- Proceedings are free of charge for the complainant and witnesses. (Section 11)
- A preliminary investigation by the prosecutor is required before filing a case. (Section 2)
- The unanimous vote of three Justices in a division is required for a judgment. If not unanimous, a special division of five Justices shall be formed, with a majority vote required. (Section 5)
- Judgments shall be rendered within three months from submission for decision. (Section 6)
- Decisions are subject to review by the Supreme Court through a petition for certiorari. (Section 7)
- If the death penalty is imposed, the records shall be forwarded to the Supreme Court for review. (Section 7)

Administration and Personnel
- The Sandiganbayan has its principal office in Metro Manila but may hold sessions elsewhere. (Section 2)
- It has a Clerk of Court and three Deputy Clerks of Court who are members of the Bar. (Section 12)
- The Clerk of Court receives an annual salary of ₱36,000, and Deputy Clerks receive ₱30,000. (Section 12)
- It can appoint necessary personnel and remove them for cause. (Section 12)
- It shall submit an annual report to the President. (Section 13)
- An initial appropriation of ₱5,000,000 is provided, with subsequent funding through the general appropriations act. (Section 14)

Amends

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Amended by

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Executive Issuances

Presidential Decrees

Sandiganbayan

Anti-Graft and Corrupt Practices Act

public officers

government employees

criminal offenses

civil liability

preliminary investigation

unanimous vote

special division

petition for certiorari

death penalty review

Clerk of Court

Deputy Clerks of Court

annual report

appropriations

Law

Revising Presidential Decree No. 1486 Creating A Special Court To Be Known As "Sandiganbayan" And For Other Purposes

Presidential Decree No. 1606

December 10, 1978

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 1606 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 and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at all times accountable to the people; WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5, Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree as follows: Section 1. Sandiganbayan; composition; qualifications; tenure; removal and composition. A special court, of the same level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan...
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Revising Presidential Decree No. 1486 Creating A Special Court To Be Known As "Sandiganbayan" And For Other Purposes

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Presidential Decrees

Sandiganbayan

Anti-Graft and Corrupt Practices Act

public officers

government employees

criminal offenses

civil liability

preliminary investigation

unanimous vote

special division

petition for certiorari

death penalty review

Clerk of Court

Deputy Clerks of Court

annual report

appropriations

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 1606 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 and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at all times accountable to the people; WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5, Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree as follows: Section 1. Sandiganbayan; composition; qualifications; tenure; removal and composition. A special court, of the same level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan...
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Revising Presidential Decree No. 1486 Creating A Special Court To Be Known As "Sandiganbayan" And For Other Purposes