MANDATE
OF THE SANDIGANBAYAN
SEC. 5. The Batasang Pambansa shall create a special court, to be known
as Sandiganbayan, which shall have jurisdiction over criminal and civil
cases involving graft and corrupt practices and such other offenses
committed by public officers and employees, including those in
government-owned or controlled corporations, in relation to their
office as may be determined by law. (Art. XIII), 1973 Constitution.
SEC. 4. The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or hereafter
may be provided by law. (Art. XI), 1987 Constitution.
SEAL
OF THE SANDIGANBAYAN
The seal of the Sandiganbayan shall be of standard size, circular in
form, consisting of two concentric circles as its margins, with the
inscription, running from left to right, on the upper margin of the
word "Sandiganbayan" and on the lower margin of the words Republika ng
Pilipinas with 13 stars representing the existing 13 judicial regions
immediately along the outer edge of the inner circle; and with a design
at the center of a triangle, with a trisected area composed 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 left side, "KAPANAGUTAN"
on the right side, and "KARANGALAN" on the base; a star in each corner
of the triangle representing Luzon, Visayas and Mindanao; and a bolo
inside the triangle on which is superimposed a balance.
VISION
We envision a judicial institution that the Filipino people can rely on
for the attainment of the highest norms of official conduct required of
public officers and employees.
MISSION
The Sandiganbayan's mission is to give life and meaning to the
constitutional precept that a public office is a public trust and to
impress upon public officers and employees that they are at all times
accountable to the people with their duty to serve with the highest
degree of responsibility, integrity, loyalty and efficiency. It carries
out this objective by conducting expeditious trials of criminal and
civil cases involving offenses committed by public officers and
employees, including those employed in government-owned or controlled
corporations.
JURISDICTION
OF SANDIGANBAYAN
The jurisdiction of the Sandiganbayan is perhaps one of the most often
amended provision from the 1973 Constitution to RA 8249 of 1997. Before
RA 8249, jurisdiction of the Sandiganbayan was determined on the basis
of the penalty imposable on the offense charged. Then, it was amended
such that regardless of the penalty, so long as the offense charged was
committed by a public officer, the Sandiganbayan was vested with
jurisdiction. Under RA 8249, to determine whether the Sandiganbayan has
jurisdiction, lawyers must look into two (2) criteria, namely:
The nature of the offense and The salary grade of the public official.
Thus, Sec.4 of RA 8249
provides that the Sandiganbayan shall
have original exclusive jurisdiction over:
I.) Violations of RA 3019 (Anti-graft and
Corrupt
Practices Law);
II.) RA 1379 (Forfeiture of Illegally
Acquired
Wealth);
III.) Crimes by public officers or
employees embraced
in Ch. II, Sec.2 Title VII, Bk. II of the RPC (Crimes committed by
Public Officers) namely:
a) Direct
Bribery under Art. 210 as
amended by BP 871, May 29, 1985;
b) Indirect
Bribery under Art. 211
as amended by BP 871, May 29, 1985;
c)
Qualified Bribery under Art.
211-A as amended by RA 7659, Dec. 13, 1993;
d)
Corruption of public officials
under Art. 212
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
Act of 1989 Republic Act No. 6758) specifically including:
a)
Provincial
governors, vice-governors, members of the sangguniang panlalawigan,
provincial treasurers, assessors, engineers and other provincial
department heads;
b)
City mayors,
vice-mayors, members of the sangguniang panglungsod, city treasurers,
assessors, engineers and other 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 PNP
while occupying the position of Provincial Director and those holding
the rank of Senior Superintendent or higher;
f)
City and provincial
prosecutors and their assistants; officials and the prosecutors in the
Office of the Ombudsman and special prosecutor ;
g)
President, directors
or trustees or managers of government owned or controlled corporations,
state universities or educational institutions or foundations;
2) Members of Congress and
Officials thereof
classified as Grade 27 and up under the Compensation and Classification
Act of 1989;
3) Members of the Judiciary
without prejudice
to the provision of the Constitution;
4) Chairmen and members of
Constitutional
Commissions, without prejudice to the provision of the Constitution;
5) All other national and local
officials
classified as Grade 27 and higher under the Compensation and Position
Classification Act of 1989.
IV.) Other offenses or felonies whether simple or complexed with other
crimes committed in relation to their office by the public officials
and employees mentioned above;
V.) Civil and Criminal Cases filed pursuant to and in connection with
EO 1, 2, 14 & 14-A issued in 1986
VI.) Petitions for issuance of Writ of mandamus, prohibition,
certiorari, habeas corpus, injunction and other ancillary writs and
processes in aid of its appellate jurisdiction; Provided, jurisdiction
is not exclusive of the Supreme Court
VII.) Petitions for Quo Warranto arising or that may arise in cases
filed or that may be filed under EO 1, 2, 14 & 14- A
VIII.) OTHERS provided the accused belongs to SG 27 or higher:
a.) Violation of RA 6713 -
Code
of Conduct and
Ethical Standards
b.) Violation of RA 7080 - THE
PLUNDER LAW
c.) Violation of RA 7659 - The
Heinous Crime Law
d.) RA 9160 - Violation of The
Anti-Money
Laundering Law when committed by a public officer
e.) PD 46 referred to as the
gift-giving decree
which makes it punishable for any official or employee to receive
directly or indirectly and for the private person to give or offer to
give any gift, present or other valuable thing on any occasion
including Christmas, when such gift, present or valuable thing is given
by reason of his official position, regardless of whether or not the
same is for past favors or the giver hopes or expects to receive a
favor or better treatment in the future from the public official or
employee concerned in the discharge of his official functions. Included
within the prohibition is the throwing of parties or entertainment in
honor of the official or employee or his immediate relatives.
f.) PD 749 which grants
immunity from
prosecution to any person who voluntarily gives information about any
violation of Art.210, 211 or 212 of the RPC, RA 3019, Sec.345 of the
NIRC, Sec. 3604 of the Customs and Tariff Code and other provisions of
the said Codes penalizing abuse or dishonesty on the part of the public
officials concerned and other laws, rules and regulations penalizing
graft, corruption and other forms of official abuse and who willingly
testifies against the public official or employee subject to certain
conditions.
It should be noted that private individuals can be sued in cases before
the Sandiganbayan if they are alleged to be in conspiracy with the
public officer.
The Sandiganbayan is vested with Appellate Jurisdiction over final
judgments, resolutions or orders of the RTC whether in the exercise of
their original or appellate jurisdiction over crimes and civil cases
falling within the original exclusive jurisdiction of the Sandiganbayan
but which were committed by public officers below Salary Grade 27.
HISTORY
OF THE SANDIGANBAYAN
The creation of the Sandiganbayan was originally provided for by
Article XIII of the 1973 Constitution:
"SEC. 5. The National Assembly shall create a special court, to be
known as Sandiganbayan, which shall have jurisdiction over criminal and
civil cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those in
government-owned or controlled corporations, in relation to their
office as may be determined by law.
In obedience to this mandate, the late President Ferdinand E. Marcos,
exercising the emergency legislative power granted him under Amendment
No. 6 of the 1976 Amendments to the 1973 Constitution, issued on June
11, 1978, Presidential Decree No. 1486 creating the Sandiganbayan and
putting it on the same level as what were then known as the Courts of
First Instance, now the Regional Trial Courts. Shortly thereafter,
however, the Sandiganbayan was elevated to the level of the Court of
Appeals by virtue of Presidential Decree No. 1606 issued on December
10, 1978.
At the start of its operation on February 12, 1979, the Sandiganbayan
had only one Division, composed of the Presiding Justice, Hon. Manuel
R. Pamaran, and two Associate Justices, Hon. Bernardo P. Fernandez and
Hon. Romeo M. Escareal, and a skeleton force of fifteen (15). The start
of the third year of the Court's operation in 1981 was marked by the
activation of the Second Division. The appointment of three more
Justices of the Third Division in August 4, 1982 completed the full
membership of the Court.
The historic EDSA Revolution of February 1986 that signaled the
beginning of a new dispensation, caused substantial changes in the
entire government machinery, including the judiciary. However, both the
'Freedom Constitution' and the new Constitution have seen fit to
maintain the Sandiganbayan as one of the principal instruments of
public accountability. In furtherance of this, its jurisdiction has
been broadened to include the so-called 'ill-gotten wealth' cases
investigated by the Presidential Commission on Good Government (PCGG)
through Executive Orders No. 14 and No. 14-A. In the reorganization
program of the new government, the resignation of some of the members
of the Court was accepted leading to the appointment of a new Presiding
Justice in the person of Hon. Francis E. Garchitorena.
To further strengthen the functional and structural organization of the
Sandiganbayan, several amendments have been introduced to the original
law creating it, the latest of which are Republic Acts No. 7975 and No.
8249. Under these new laws, the jurisdiction of the Sandiganbayan
is
now confined to cases involving public officials occupying positions
classified as salary grade 27 and higher. As restructured, the
Sandiganbayan is presently composed of a Presiding Justice and fourteen
(14) Associate Justices who sit in five (5) Divisions of three Justices
each in the trial and determination of cases.
STATUTORY
HISTORY OF THE SANDIGANBAYAN
1. PRESIDENTIAL DECREE NO. 1486 - CREATING A SPECIAL COURT TO BE KNOWN
AS 'SANDIGANBAYAN' AND FOR OTHER PURPOSES - promulgated June 11, 1978;
2. PRESIDENTIAL DECREE NO. 1606 - REVISING PRESIDENTIAL DECREE NO. 1486
CREATING A SPECIAL COURT TO BE KNOWN AS 'SANDIGANBAYAN' AND FOR OTHER
PURPOSES - promulgated December 10, 1978;
3. PRESIDENTIAL DECREE NO. 1629 - AMENDING PRESIDENTIAL DECREE NO. 1486
CREATING A SPECIAL COURT TO BE KNOWN AS 'SANDIGANBAYAN', AS REVISED BY
PRESIDENTIAL DECREE NO. 1606 - promulgated July 18, 1979;
4. PRESIDENTIAL DECREE NO. 1822 - PROVIDING FOR THE TRIAL BY
COURTS-MARTIAL OF MEMBERS OF THE ARMED FORCES CHARGED WITH OFFENSES
RELATED TO THE PERFORMANCE OF THEIR DUTIES - promulgated January 16,
1981;
5. PRESIDENTIAL DECREE NO. 22-A - AMENDING SECTION 1, P.D. NO. 1822,
PROVIDING FOR TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE ARMED FORCES
CHARGED WITH OFFENSES RELATED TO THE PERFORMANCE OF THEIR DUTIES -
promulgated January 16, 1981;
6. BATAS PAMBANSA BLG. 129 - THE JUDICIARY REORGANIZATION ACT OF 1980 -
promulgated August 14, 1981;
7. PRESIDENTIAL DECREE NO. 1850 - PROVIDING FOR THE TRIAL BY
COURTS-MARTIAL OF MEMBERS OF THE INTEGRATED NATIONAL POLICE AND FURTHER
DEFINING THE JURISDICTION OF COURTS-MARTIAL OVER MEMBERS OF THE ARMED
FORCES OF THE PHILIPPINES - promulgated October 4, 1982;
8. PRESIDENTIAL DECREE NO. 1860 - AMENDING THE PERTINENT PROVISIONS OF
PRESIDENTIAL DECREE NO. 1606 AND BATAS PAMBANSA BLG. 129 RELATIVE TO
THE JURISDICTION OF THE SANDIGANBAYAN AND FOR OTHER PURPOSES -
promulgated January 14, 1983;
9. PRESIDENTIAL DECREE NO. 1861 - AMENDING THE PERTINENT PROVISIONS OF
PRESIDENTIAL DECREE NO. 1606 AND BATAS PAMBANSA BLG. 129 RELATIVE TO
THE JURISDICTION OF THE SANDIGANBAYAN AND FOR OTHER PURPOSES -
promulgated March 23, 1983;
10. PRESIDENTIAL DECREE NO. 1952 - AMENDING SECTION ONE OF PRESIDENTIAL
DECREE NO. 1850, ENTITLED 'PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF
MEMBERS OF THE INTEGRATED NATIONAL POLICE AND FURTHER DEFINING THE
JURISDICTION OF COURTS-MARTIAL OVER MEMBERS OF THE ARMED FORCES OF THE
PHILIPPINES' - promulgated September 9, 1984;
11. EXECUTIVE ORDER NO. 14 - DEFINING THE JURISDICTION OVER CASES
INVOLVING THE ILL-GOTTEN WEALTH OF FORMER PRESIDENT FERDINAND E.
MARCOS, MRS. IMELDA R. MARCOS, MEMBERS OF THEIR IMMEDIATE FAMILY, CLOSE
RELATIVES, SUBORDINATES, CLOSE AND/OR BUSINESS ASSOCIATES, DUMMIES,
AGENTS AND NOMINEES - promulgated May 7, 1986;
12. EXECUTIVE ORDER NO. 14-A - AMENDING EXECUTIVE ORDER NO. 14 -
promulgated August 18, 1986;
13. EXECUTIVE ORDER NO. 101 - FURTHER AMENDING PRESIDETIAL DECREE NO.
1486, AS AMENDED BY PRESIDENTIAL DECREE NO. 1606 CREATING A SPECIAL
COURT TO BE KNOWN AS 'SANDIGANBAYAN' - promulgated December 24, 1986;
14. EXECUTIVE ORDER NO. 184 - AMENDING SECTION 3 OF PRESIDENTIAL DECREE
NO. 1606 - promulgated June 5, 1987.
FUNCTIONAL
DESCRIPTION
OFFICE OF THE PRESIDING JUSTICE
Implements the policies, executes the resolutions and enforces the
orders of the Court En Banc; performs the functions specifically vested
upon him by law, rules and regulations or those implied therefrom;
performs all other functions and duties inherent in his position.
OFFICE OF THE CLERK OF COURT
Assists the Court in providing the necessary technical and
administrative support; exercises supervision over the staff and
employees; takes charge of pre and post adjudicative matters.
LEGAL RESEARCH & TECHNICAL STAFF
Provides legal and technical assistance to the Court by conducting
legal research and studies; takes charge of all legal and related
matters.
OFFICE OF THE DEPUTY CLERK OF COURT
(1ST DIVISION)
Assists the Clerk of Court in providing technical and administrative
support and assistance to the First Division of the Court; takes charge
of the pre and post adjudicative matters relative to cases assigned to
the First Division.
OFFICE OF THE DEPUTY CLERK OF COURT
(2ND DIVISION)
Assists the Clerk of Court in providing technical and administrative
support and assistance to the Second Division of the Court; takes
charge of the pre and post adjudicative matters relative to cases
assigned to the Second Division.
OFFICE OF THE DEPUTY CLERK OF COURT
(3RD DIVISION)
Assists the Clerk of Court in providing technical and administrative
support and assistance to the Third Division of the Court; takes charge
of the pre and post adjudicative matters relative to cases assigned to
the Third Division.
OFFICE OF THE DEPUTY CLERK OF COURT
(4TH DIVISION)
Assists the Clerk of Court in providing technical and administrative
support and assistance to the Fourth Division of the Court; takes
charge of the pre and post adjudicative matters relative to cases
assigned to the Fourth Division
OFFICE OF THE DEPUTY CLERK OF COURT
(5TH DIVISION)
Assists the Clerk of Court in providing technical and administrative
support and assistance to the Fifth Division of the Court; takes charge
of the pre and post adjudicative matters relative to cases assigned to
the Fifth Division.
JUDICIAL RECORDS DIVISION
Takes charge of docketing of cases; plans, implements and evaluates
programs for the systematic management of judicial records; and
performs other related functions. Prepares entries of judgment; issues
copies of decisions, resolutions and orders; maintains a systematic
filing and records keeping; and handles the
Court’s
information system, monitoring requests for statistical data.
ADMINISTRATIVE DIVISION
Attends to the manpower development and service needs of the Court; and
performs all functions relative to administrative and personnel
matters. Attends to the procurement and maintenance of the properties,
supplies and equipment of the Court, including the
Court's physical plant Takes charge of
the
collection and disbursement of the Court.
BUDGET AND FINANCE DIVISION
Prepares and executes the budget of the Court; initiates plans and
formula for more effective utilization of funds allotted to the Court;
fiscalizes the agency's financial
interest including
disclosure of deficiencies in control needing corrections. Keeps
accounting records for the Court; prepares reports required by the
Department of Budget and Management, Commission on Audit and other
government agencies.
MANAGEMENT INFORMATION SYSTEM DIVISION
Provides technical services related to the planning, development,
implementation and maintenance of information systems; takes care of
all information and communications technology requirements of the Court.
SECURITY AND SHERIFF SERVICES DIVISION
In charge of the formulation of plans, implements and evaluates program
for the systematic management of security of the Sandiganbayan
premises, property and personnel and performs other related functions;
takes charge of the formulation of systems for the effective services
of Court processes and enforcement of Writs issued by the various
Divisions of the Court; serves as liaison office with the various law
enforcement agencies and the media regarding all court orders and
processes issued by the various divisions of the Court, and other court
related matters; takes custody of all accused processing their bail for
their temporary liberty and/or to turn-over accused who voluntarily
surrenders to the authorized detention centers; oversee that all
judicial and extra-judicial proceedings are accomplished; takes charge
of the formulation of effective management and implementation of all
kinds of court orders /processes and writs coming from the various
divisions of the Court.
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