Jurisdiction Criminal Procedure

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty.
Salvado
CONTENTS
PART I..................................................................................... 1
A.Venue in Criminal Cases is Jurisdictional.........................1
a.1 Section 15, Rule 110, Rules of Criminal Procedure....1
a.2 Section 21, Chapter V, Republic Act 10175 otherwise known as the Cybercrime Prevention Act of 2012 1
a.3 Section 58, Republic Act 9372 otherwise known as the Human Security Act of 2007 2
a.4 Article 2, Revised Penal Code....................................2
[CASES].....................................................................2
B.Jurisdiction over the offense charged..............................2
1. Republic Act 7691........................................................2
F. Creation of the Sandiganbayan.......................................4
APPLICABLE LAWS...........................................................4
1. Section 4, Article XI of the 1987 Constitution...........4
2. Presidential Decree 1486 dated June 11, 1978.........4
3. Presidential Decree 1606 dated December 10, 19787
4. Presidential Decree 1861.......................................14
5. Republic Act 7995 approved March 10, 1995.........15
6. Republic Act 8249 approved February 5, 1997.......17
I.Jurisdiction of the Ombudsman.......................................20
APPLICABLE LAW...........................................................20
i.1. Republic Act No. 6770 otherwise known as the Ombudsman Act of 1989
PA RT I.
A.VENUE IN CRIMINAL CASES IS JURISDICTIONAL
20
A.1 SECTION 15, RULE 110, RULES OF CRIMINAL PROCEDURE

Section 15. Place where action is to be instituted.
08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

(a) Subject to existing laws, the criminal action shall be instituted
and tried in the court of the municipality or territory:
Where the offense was committed; or

Where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other

public or private vehicle while in the course of its trip, the criminal
action shall be instituted and tried in the court of any municipality
or territory:
Where such train, aircraft or other vehicle passed during

such its trip;
Including the place of its departure; and
Place of its arrival.
(c) Where an offense is committed on board a vessel in the course

of its voyage, the criminal action shall be instituted and tried,
subject to the generally accepted principles of international law, in
the court of:
The first port of entry; or

Any municipality or territory where the vessel passed during
such voyage.
(d) Crimes committed outside the Philippines but punishable under

Article 2 of the Revised Penal Code shall be cognizable by the
court where the criminal action is first filed.
A.2 SECTION 21, CHAPTER V, REPUBLIC ACT 10175 OTHERWISE
KNOWN AS THE CYBERCRIME PREVENTION ACT OF 2012
SEC. 21. Jurisdiction. The Regional Trial Court shall have
jurisdiction over any violation of the provisions of this Act, including
any violation committed by a Filipino national regardless of
the place of commission.
Jurisdiction shall lie if any of the elements was committed:
Within the Philippines;

With the use of any computer system wholly or partly
situated in the country; or
When by such commission any damage is caused to a
natural or juridical person who, at the time the offense was

committed, was in the Philippines.
There shall be designated special cybercrime courts manned by
specially trained judges to handle cybercrime cases.
A.3 SECTION 58, REPUBLIC ACT 9372 OTHERWISE KNOWN AS THE
HUMAN SECURITY ACT OF 2007
SEC. 58. Extra-Territorial Application of this Act. Subject to the
provision of an existing treaty of which the Philippines is a
signatory and to any contrary provision of any law of preferential
application, the provisions of this Act shall apply:
(1) To individual persons who commit any of the crimes

defined and punished in this Act within the terrestrial
domain, interior waters, maritime zone, and airspace of the
Philippines;
(2) To individual persons who, although physically outside
the territorial limits of the Philippines, commit, conspire or
plot to commit any of the crimes defined and punished in
this Act inside the territorial limits of the Philippines;
the territorial limits of the Philippines, commit any of the
said crimes on board Philippine ship or Philippine airship;
(4) To individual persons who commit any of said crimes
within any embassy, consulate, or diplomatic premises
belonging to or occupied by the Philippine government in an
official capacity;
the territorial limits of the Philippines, commit said crimes
against Philippine citizens or persons of Philippine descent,
where their citizenship or ethnicity was a factor in the
commission of the crime; and
the territorial limits of the Philippines, commit said crimes
directly against the Philippine government.
A.4 ARTICLE 2, REVISED PENAL CODE
Art. 2. Application of its provisions. Except as provided in the

treaties and laws of preferential application, the provisions of this

Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
H
1. Should commit an offense while on a Philippine ship or airship

1
2. Should forge or counterfeit any (a) coin or (b) currency

note of the Philippine Islands or (c) obligations and (d)
securities issued by the Government of the Philippine
Islands;
3. Should be liable for acts connected with the introduction

into these islands of the obligations and securities
mentioned in the preceding number;
4. While being public officers or employees, should commit

an offense in the exercise of their functions; or
5. Should commit any of the crimes against (a) national

security and (b) the law of nations, defined in Title One of
Book Two of this Code.
B.JURISDICTION OVER THE OFFENSE CHARGED

1. REPUBLIC ACT 7691
1. Republic Act 7691
AN
ACT
EXPANDING
THE
JURISDICTION
OF
THE
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS,
AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR
THE PURPOSE BATAS PAMBANSA, BLG. 129, OTHERWISE
KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF 1980"
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::
Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise
known as the "Judiciary Reorganization Act of 1980", is hereby
amended to read as follows:
"Sec. 19. Jurisdiction in civil cases. Regional Trial Courts shall
exercise exclusive original jurisdiction.
"(1) In all civil actions in which the subject of the litigation is

incapable of pecuniary estimation;
"(2) In all civil actions which involve the title to, or possession of,
real property, or any interest therein, where the assessed value of
the property involved exceeds Twenty thousand pesos
(P20,000,00) or, for civil actions in Metro Manila, where such value
exceeds Fifty thousand pesos (P50,000.00) except actions for
forcible entry into and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred upon the Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts;
"(3) In all actions in admiralty and maritime jurisdiction where the
demand or claim exceeds One hundred thousand pesos
(P100,000.00) or, in Metro Manila, where such demand or claim
exceeds Two hundred thousand pesos (P200,000.00);
"(4) In all matters of probate, both testate and intestate, where the
gross value of the estate exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro Manila, where such
gross value exceeds Two Hundred thousand pesos (P200,000.00);
"(5) In all actions involving the contract of marriage and marital
relations;
"(6) In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising jurisdiction of any court,
tribunal, person or body exercising judicial or quasi-judicial
functions;
"(7) In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile and Domestic Relations
Court and of the Court of Agrarian Relations as now provided by
law; and
"(8) In all other cases in which the demand, exclusive of interest,
damages of whatever kind, attorney's fees, litigation expenses,
and costs or the value of the property in controversy exceeds One
hundred thousand pesos (P100,000.00) or, in such other cases in
Metro Manila, where the demand exclusive of the abovementioned
items exceeds Two Hundred thousand pesos (P200,000.00)."

Section 2. Section 32 of the same law is hereby amended to read
as follows:
"Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts in Criminal Cases. Except
in cases falling within the exclusive original jurisdiction of Regional
Trial Courts and of the Sandiganbayan, the Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
shall exercise:
"(1) Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective territorial
jurisdiction; and
between the same or different parties, embodied in the same

complaint, the amount of the demand shall be the totality of the
claims in all the causes of action, irrespective of whether the
causes of action arose out of the same or different transactions;
"(2) Exclusive original jurisdiction over cases of forcible entry and
unlawful detainer: Provided, That when, in such cases, the
defendant raises the questions of ownership in his pleadings and
the question of possession cannot be resolved without deciding the
issue of ownership, the issue of ownership shall be resolved only to
determine the issue of possession; and
"(2) Exclusive original jurisdiction over all offenses punishable with

imprisonment not exceeding six (6) years irrespective of the
amount of fine, and regardless of other imposable accessory or
other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value
or amount thereof: Provided, however, That in offenses involving
damage to property through criminal negligence, they shall have
exclusive original jurisdiction thereof."
"(3) Exclusive original jurisdiction in all civil actions which involve

title to, or possession of, real property, or any interest therein
where the assessed value of the property or interest therein does
not exceed Twenty thousand pesos (P20,000.00) or, in civil actions
in Metro Manila, where such assessed value does not exceed Fifty
thousand pesos (P50,000.00) exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses and costs:
Provided, That in cases of land not declared for taxation purposes,
the value of such property shall be determined by the assessed
value of the adjacent lots."

as follows:

as follows:
"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial

Courts and Municipal Circuit Trial Courts in Civil Cases.
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts shall exercise:
"Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration

Cases. Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts may be assigned by the Supreme
Court to hear and determine cadastral or land registration cases
covering lots where there is no controversy or opposition, or
contested lots where the value of which does not exceed One
hundred thousand pesos (P100,000.00), such value to be
ascertained by the affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decisions
in these cases shall be appealable in the same manner as
decisions of the Regional Trial Courts."
"(1) Exclusive original jurisdiction over civil actions and probate

proceedings, testate and intestate, including the grant of
provisional remedies in proper cases, where the value of the
personal property, estate, or amount of the demand does not
exceed One hundred thousand pesos (P100,000.00) or, in Metro
Manila where such personal property, estate, or amount of the
demand does not exceed Two hundred thousand pesos
(P200,000.00), exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs, the amount of which
must be specifically alleged: Provided, That interest, damages of
whatever kind, attorney's fees, litigation expenses, and costs shall
be included in the determination of the filing fees: Provided,
further, That where there are several claims or causes of actions
Section 5. After five (5) years from the effectivity of this Act, the
jurisdictional amounts mentioned in Sec. 19(3), (4), and (8); and
Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act,
shall be adjusted to Two hundred thousand pesos (P200,000.00).
Five (5) years thereafter, such jurisdictional amounts shall be

adjusted further to Three hundred thousand pesos (P300,000.00):
Provided, however, That in the case of Metro Manila, the
abovementioned jurisdictional amounts shall be adjusted after five
(5) years from the effectivity of this Act to Four hundred thousand
pesos (P400,000.00).
Section 6. All laws, decrees, and orders inconsistent with the
provisions of this Act shall be considered amended or modified
accordingly.
Section 7. The provisions of this Act shall apply to all civil cases
that have not yet reached the pre-trial stage. However, by
agreement of all the parties, civil cases cognizable by municipal
and metropolitan courts by the provisions of this Act may be
transferred from the Regional Trial Courts to the latter. The
executive judge of the appropriate Regional Trial Courts shall
define the administrative procedure of transferring the cases
affected by the redefinition of jurisdiction to the Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.
Section 8. This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) national newspapers
of general circulation.
Approved: March 25, 1994
APPLICABLE LAWS
1. SECTION 4, ARTICLE XI OF THE 1987 CONSTITUTION
Section 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.
2. PRESIDENTIAL DECREE 1486 DATED JUNE 11, 1978
PRESIDENTIAL DECREE No. 1486
A
SPECIAL
COURT
TO
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
and eight (8) Associate Judges who shall be appointed by the
President and shall be subject to the same inhibitions and/or
disqualifications as judges of courts of first instance.
No person shall be appointed Presiding Judge or Associate Judge of
the Sandiganbayan, unless he is a natural-born citizen of the
Philippines, at least 40 years of age and for at least ten (10) years
or more had been a judge of a court of record or been engaged in
the practice of law in the Philippines or has held office requiring
admission to the bar as a prerequisite for a like period.
F. CREATION OF THE SANDIGANBAYAN
CREATING
"SANDIGANBAYAN" AND FOR OTHER PURPOSES
BE
KNOWN
AS
The Presiding Judge shall be so designated in his commission and

the other judges shall have precedence according to the dates of
their respective commissions, or when the commissions of two (2)
or more of them shall hear the same date, according to the order in
which their commissions have been issued by the President.
The Presiding Judge and the Associate Judges shall not be removed
from office except on impeachment upon the grounds and in the
manner provided for in Sections 2 and 3 of Article III of the 1973
Constitution.

The Presiding Judge shall receive an annual compensation of
P60,000.00 and each Associate Judge P50,000.00 which shall not
be diminished during their continuance in office.
They shall hold office until they reach the age of 65 years or
become incapacitated to discharge the duties of their office.
Section 2. Official Station; Place of Holding Sessions. The
Sandiganbayan shall have its principal office in the Metro
Manila Area; Provided, however, that the Presiding Judge may
authorize any division or divisions of the court to hold sessions at
any time and place outside Metro Manila to hear and decide cases
emanating from any of the existing judicial districts.
Whenever necessary, the Sandiganbayan may require the services
of the personnel and the use of the facilities of any agency of the
Government, national or local, including the courts of first instance
of the province where any of the divisions is holding session and
those personnel of such agencies or courts shall be subject to the
order of the Sandiganbayan.
Section 3. Quorum. Five judges shall constitute a quorum for
sessions en banc, and two judges for sessions in division;
Provided, that when a quorum and/or the majority required for a
decision of the Sandiganbayan either en banc or in division, or the
trial or hearing of cases cannot be had due to the legal
disqualification or temporary disability of a judge or of a vacancy
occurring therein, the President shall, upon recommendation of
the Presiding Judge, designate any judge of the court of first
instance or of the circuit criminal court of the judicial
district concerned to sit temporarily therein.
The Sandiganbayan shall, as a body, sit en banc but it may sit in
three (3) divisions of three (3) judges each. The three (3) divisions
may sit at the same time.
If the Presiding Judge is present in any session of the court,
whether en banc or in division, he shall preside. In his absence the
Associate Judge attending who is first in precedence shall preside.
Section 4. Jurisdiction. Except as herein provided, the
Sandiganbayan shall have original and exclusive jurisdiction to
try and decide:
(a) Violations of RA 3019, as amended (the Anti-Graft and Corrupt

Practices Act) and RA 1379 (Act Declaring Forfeiture in Favor of
the State of Any Property Found to have been Unlawfully Acquired
by Any Public Officer or Employee);
(b) Crimes committed by public officers or employees, including
those employed in government-owned or controlled corporations,
embraced in Title VII of the Revised Penal Code (Crimes Committed
by Public Officers);
(c) Other crimes or offenses committed by public officers or
employees including those employed in government-owned or
controlled corporations in relation to their office
Provided, that, in case private individuals are accused as

principals, accomplices or accessories in the commission of
the crimes hereinabove mentioned, they shall be tried
jointly with the public officers or employees concerned.
Where the accused is charged of an offense in relation to
his office and the evidence is insufficient to establish the
offense so charged, he may nevertheless be convicted and
sentenced for the offense included in that which is charged.
(d) Civil suits brought in connection with the aforementioned

crimes for:
Restitution or reparation of damages;

Recovery of the instruments and effects of the crimes; or
Forfeiture proceedings provided for under RA 1379;
(e) Civil actions brought under Articles 32 and 34 of the Civil Code.
Exception from the foregoing provisions during the period of
material law are criminal cases against officers and members of
the Armed Forces of the Philippines, and all others who fall under
the exclusive jurisdiction of the military tribunals.
Section 5. Proceedings against constitutional officers; votes
required. All cases involving constitutional officers shall be heard
and decided by the Sandiganbayan en banc; Provided, that when a
non-constitutional officer or employee or private individual is
charged or sued jointly with a constitutional officer under Section
4 hereof, they shall all be tried jointly by the Sandiganbayan en
banc. All other cases may be tried and decided by a division.

The affirmative vote of five (5) judges is necessary for a decision of
the Sandiganbayan en banc. The affirmative vote of two judges in
a division shall be necessary for the promulgation of a judgment.
Section 6. Maximum period for termination of cases. As far as
practicable, the trial of cases before the Sandiganbayan en banc or
in division once commenced shall be continuous until terminated
and the judgment en banc or in division shall be rendered within
three (3) months from the date the case was submitted for
decision.
Section 7. Form, finality and enforcement of decisions; petitions
for reconsideration. Decisions and final orders of the
Sandiganbayan shall contain complete findings of fact on all issues
properly raised before it.
Decisions and final orders en banc shall be subject to review

by the Supreme Court in accordance with Rule 45 of the
Rules of Court; and
Those of a division shall be appealable under Rule 42
thereof
o The Supreme Court shall hear and decide any case
on appeal promptly and without the necessity of
placing it upon the regular calendar.
Whenever, in any case decided by the Sandiganbayan en
banc or by a division thereof, the death penalty of life
imprisonment shall have been imposed, the records shall be
forwarded to the Supreme Court, whether the accused shall
have appealed or not, for review and judgment, as law and
justice shall dictate.
Any party may file a petition for reconsideration of any order or

decision of the Sandiganbayan en banc or in division within
fifteen (15) days from receipt of a certified copy of such
order or decision and such petition for reconsideration shall be
decided by the Sandiganbayan en banc or in division, as the case
may be, within thirty (30) days from submission thereof.
Final judgments and orders of the Sandiganbayan en banc or in
division shall be executed and enforced in the manner provided for
in the Rules of Court.
Section 8. Transfer of cases. All cases cognizable by the
Sandiganbayan as herein provided, the trial of which had not yet

commenced in the trial courts as of the date of its organization
shall be transferred to the Sandiganbayan, except those cases filed
in the military tribunals and those cases against military personnel
which shall remain in the military tribunals.
Section 9. Authority over internal affairs. The Sandiganbayan
shall administer its own internal affairs and may adopt such rules
governing the constitution of its divisions, the allocation of cases
among them, the rotation of judges and other matters relating to
its business.
Section 10. Proceedings free of charge; premature publicity
prohibited. All proceedings in the Sandiganbayan en banc or in
division shall be conducted at no cost to the complainant and/or
his witnesses.
No criminal complaint shall be given due course by the
Sandiganbayan except upon a certification by the Chief
Special Prosecutor of the existence of probable cause to be
determined after a preliminary investigation conducted in
accordance with existing laws. No publicity shall be allowed during
the pendency of such preliminary investigation and the name of
the complainant and the accused shall not be made public until
after an information is field with the Sandiganbayan.
Section 11. Administrative Personnel. Upon recommendation of
the Sandiganbayan, the Supreme Court may designate, from
among the officers and employees under it, or appoint the
personnel necessary for the Sandiganbayan, including a Clerk of
Court and three (3) Deputy Clerks of Court; Provided, however, that
those designated shall not receive additional compensation, except
per diems, traveling and necessary expenses in accordance with
existing laws and rules.
The Clerk of Court shall have an annual compensation of
P23,000.00, and the deputy clerks of court, P18,000.00. The Clerk
of Court and deputy clerks of court shall at least be members of
the bar.
All subordinate employees of the Sandiganbayan shall be governed
by the provisions of the Civil Service Law; Provided, that the
Sandiganbayan may, by resolution en banc, remove any of them
for cause.

Section 12. Office of the Chief Special Prosecutor. The provisions
of any law or rule to the contrary notwithstanding, the direction
and control of the prosecution of cases mentioned in Section 4
hereof, shall be exercised by a Chief Special Prosecutor who
shall be assisted by one (1) Assistant Chief Special Prosecutor
and nine (9) Special Prosecutors who shall be appointed by the
President. The Chief Special Prosecutor shall have annual
compensation of P30,000.00, the Assistant Chief Special Prosecutor
of P28,000.00 and the Special Prosecutors of P24,000.00 which
shall not be diminished during their continuance in office.
and subordinate personnel as may be deemed necessary therefor

and/or detail to the Office of the Chief Special Prosecutor any
officer or employee of the Department of Justice or any Bureau or
Office under the executive supervision thereof; Provided, that
those designated shall not receive additional compensation except
per diems, traveling and necessary expenses in accordance with
existing law and rules. The Office of Special Investigators shall be
under the Chief Special Prosecutor. The appointment of Special
Investigators and subordinate personnel therein shall be subject to
Civil Service Law and Rules.
The Chief Special Prosecutor, the Assistant Chief and the Special
Prosecutors shall have exclusive authority:
"The Sandiganbayan may, upon proper, request of the Chief

Special Prosecutor, require the assistance and services of any
Department, Agency, or Bureau of the government.
To conduct preliminary investigations of all complaints filed

with the Sandiganbayan;
To file information; and
To conduct the prosecution of all cases.
Provided, that the Secretary of Justice may designate any

lawyer in the government service as special prosecutor or
special counsel to assist the Chief Special Prosecutor in conducting
preliminary investigations and prosecuting cases before the
Sandiganbayan.
The Chief Special Prosecutor, Assistant Chief Special Prosecutor
and Special Prosecutors mentioned in the preceding paragraph
shall have the authority to administer oaths, to issue subpoena and
subpoena duces tecum, summon and compel witnesses to appear
and testify under oath before them and to bring books, documents
or other things under their control and to secure the attendance or
presence of any absent or recalcitrant witness through application
before the Sandiganbayan en banc or in division or before any
inferior or superior court having jurisdiction of the place where the
witness or evidence may be found.
The Chief Special Prosecutor and his assistants shall be under the
control of the Secretary of Justice.
Section 13. Office of Special Investigators. To assist the Chief
Special Prosecutor in the performance of his duties, the
Secretary of Justice may, upon the recommendation of the Chief
Special Prosecutor, appoint such number of Special Investigators
Section 14. Report to the President. The Sandiganbayan shall

submit an annual report to the President including all
disbursements of funds entrusted to it within two months from the
end of the Fiscal Year.
Section 15. Funding. There is hereby immediately appropriated
out of any funds in the National Treasury not otherwise
appropriated, such sums as may be necessary to carry out the
provisions of this Decree and thereafter to be included in the
general
appropriation
act.
The
appropriations
for
the
Sandiganbayan shall be automatically released in accordance with
a schedule submitted by the Sandiganbayan.
Section 16. Repealing Clause. Any provision of law, order, rule or
regulation inconsistent with the provisions of this Decree is hereby
repealed or modified accordingly.
Section 17. Effectivity. This Decree shall be part of the laws of the
land and shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our
Lord, nineteen hundred and seventy-eight.
3. PRESIDENTIAL DECREE 1606 DATED DECEMBER 10, 1978
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;
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 is hereby created
composed of a Presiding Justice and eight Associate Justices who
shall be appointed by the President.
No person shall be appointed Presiding Justice or Associate Justice
of the Sandiganbayan; unless he is a natural-born citizen of the
Philippines, at least 40 years of age and for at least ten years has
been a judge of a court of record or been engaged in the practice
of law in the Philippines or has held office requiring admission to
the bar as a pre-requisite for a like period.
The Presiding Justice shall be so designated in his commission and
the other Justices shall have precedence according to the dates of
their respective commissions, or, when the commissions of two or
more of them shall bear the same date, according to the order in
which their commissions have been issued by the President.
The Presiding Justice and the Associate Justices shall not be
removed from office except on impeachment upon the grounds
and in the manner provided for in Sections 2, 3 and 4 of Article XIII
of the 1973 Constitution.
The Presiding Justice shall receive an annual compensation of
P60,000.00 and each Associate Justice P55,000.00 which shall not
be diminished during their continuance in office. They shall have

the same rank, privileges and other emoluments, be subject to the
same inhibitions and disqualifications, and enjoy the same
retirement and other benefits as those provided for under existing
laws of the Presiding Justice and Associate Justices of the Court of
Appeals.
Whenever the salaries of the Presiding Justice and the Associate
Justices of the Court of Appeals are increased, such increases in
salaries shall be correspondingly extended to and enjoyed by the
Presiding Justice and the Associate Justices of the Sandiganbayan.
They shall hold office until they reach the age of 65 years or
become incapacitated to discharge the duties of their office.
Section 2. Official Station; Place of Holding Sessions. The
Sandiganbayan shall have its principal office in the Metro Manila
area and shall hold sessions thereat for the trial and determination
of all cases filed with it irrespective of the place where they may
have arisen; Provided, however, that the Presiding Justice may
authorize any division or divisions of court to hold sessions at any
time and place outside Metro Manila to hear and decide cases
emanating from any of the existing judicial districts. Whenever
necessary, the Sandiganbayan may require the services of the
personnel and the use of the facilities of any agency of the
Government, national or local, including the courts of first instance
of the province where any of the divisions is holding session, and
those personnel of such agencies or courts shall be subject to the
orders of the Sandiganbayan.
Section 3. Divisions of the Courts; Quorum. The Sandiganbayan
shall sit in three divisions of three Justices each. The three divisions
may sit at the same time.
Three Justices shall constitute a quorum for session in division;
Provided, that when the required quorum cannot be had due to the
legal disqualification or temporary disability of a Justice or of a
vacancy
occurring
therein,
the
President
shall,
upon
recommendation of the Presiding Justice, designate any Justice of
the Court of Appeals or Judge of the Court of First Instance or of the
Circuit Criminal Court of the judicial district concerned to sit
temporarily therein.
Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction

over:
(a) Violations of RA 3019, as amended (the Anti-Graft and Corrupt
Practices Act) and RA 1379 (Act Declaring Forfeiture in Favor of
the State of Any Property Found to have been Unlawfully Acquired
by Any Public Officer or Employee);
(b) Crimes committed by public officers and employees including
those employed in government-owned or controlled corporations,
embraced in Title VII of the Revised Penal Code (Crimes Committed
by Public Officers), whether simple or complexed with other
crimes; and
(c) Other crimes or offenses committed by public officers or
employees, including those employed in government-owned or
controlled corporations, in relation to their office.
The jurisdiction herein conferred shall be:
Original and exclusive, if the offense charged is

punishable by a penalty higher than prision
correccional, or its equivalent, except as herein provided;
Concurrent with the regular courts, in other offenses
In case private individuals are charged as

accomplices or accessories with the public officers
including those employed in government-owned
corporations, they shall be tried jointly with said
and employees.
co-principals,
or employees
or controlled
public officers
Where an accused is tried for any of the above offenses and the
evidence is insufficient to establish the offense charged, he may
nevertheless be convicted and sentenced for the offense proved,
included in that which is charged.
Any provision of law or the Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and
jointly determined in the same proceeding by, the
Sandiganbayan, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right
to reserve the filing of such (civil) action shall be
recognized;
Provided, however, that, in cases within the exclusive

jurisdiction of the Sandiganbayan, (a) where the civil action
had therefore been filed separately with a regular court, (b)
but judgment therein has not yet been rendered and (c) the
criminal case is hereafter filed with the Sandiganbayan,
said civil action shall be transferred to the Sandiganbayan for
consolidation and joint determination with the criminal action;
Otherwise, the criminal action may no longer be filed with

the Sandiganbayan, its exclusive jurisdiction over the same
notwithstanding, but may be filed and prosecuted only in
the regular courts of competent jurisdiction;
Provided, further, that, in cases within the concurrent

jurisdiction of the Sandiganbayan and the regular courts,
where either the criminal or civil action is first filed with
the regular courts, the corresponding civil or criminal action, as
the case may be, shall only be filed with the regular courts of
competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are
criminal cases against officers and members of the armed forces in
the active service.
Section 5. Proceedings, how conducted; votes required. The
unanimous vote of the three justices in a division shall be
necessary for the pronouncement of a judgment. In the event that
the three justices do not reach a unanimous vote, the Presiding
Judge shall designate two other justices from among the members
of the Court to sit temporarily with them, forming a division of five
justices, and the concurrence of a majority of such division shall be
necessary for rendering judgment.
Section 6. Maximum period for termination of cases. As far as
practicable, the trial of cases before the Sandiganbayan once
commenced shall be continuos until terminated and the judgment
shall be rendered within three (3) months from the date the case
was submitted for decision.
Section 7. Form, finality and enforcement of decisions. Decisions
and final orders of the Sandiganbayan shall contain complete
findings of facts on all issues properly raised before it.
A petition for reconsideration of any final order or decision maybe

filed within (15) days from promulgation or notice of the final order
or judgment, and such petition for reconsideration shall be decided
within thirty (30) days from submission thereon.
discharge its functions under this Decree including a Clerk of Court

and three (3) Deputy Clerks of Court who shall be members of the
Bar.
Decisions and final orders shall be subject to review on certiorari

by the Supreme Court in accordance with Rule 45 of the
Rules of Court. The Supreme Court shall decide any case on
appeal promptly and without the necessity of placing it upon the
regular calendar. Whenever, in any case decided, the death
penalty shall have been imposed, the records shall be forwarded to
the Supreme Court, whether the accused shall have appealed or
not, for review and judgment, as law and justice shall dictate.
The Clerk of Court shall have an annual compensation of

P36,000.00 and the Deputy Clerks of Court, P30,000.00.
Final judgments and orders of the Sandiganbayan shall be

executed and enforced in the manner provided by law.
Section 8. Transfer of cases. As of the date of the effectivity of
this decree, any case cognizable by the Sandiganbayan within its
exclusive jurisdiction where none of the accused has been
arraigned shall be transferred to the Sandiganbayan.
All other subordinate employees of the Sandiganbayan shall be

governed by the provisions of the Civil Service Law; Provided, that
the Sandiganbayan may, by resolution en banc, remove any of
them for cause.
Section 13. Report to the President. The Sandiganbayan shall
submit an annual report to the President, including all
disbursements of funds entrusted to it, within two months from the
end of the Fiscal Year.
Section 9. Rule-making Power. The Sandiganbayan shall have the

power to promulgate its own rules of procedure and, pending such
promulgation, the Rules of Court shall govern its proceedings.
Section 14. Funding. There is hereby immediately appropriated

the sum of Five Million Pesos (P5,000.00) out of any funds in the
National Treasury to carry out the provisions of this Decree and
thereafter to be included in the general appropriations act. The
appropriations for the Sandiganbayan shall be automatically
released in accordance with a schedule submitted by the
Sandiganbayan.
Section 10. Authority over internal affairs. The Sandiganbayan

shall administer its own internal affairs and may adopt such rules
governing the constitution of its divisions, the allocation of cases
among them, the rotation of justices and other matters relating to
its business.
Section 15. Separability of Provisions. If for any reason, any

section or provision of this Decree is declared to be
unconstitutional or invalid, other sections or provisions thereof
which are not affected thereby, shall continue in full force and
effect.
Section 11. Proceeding free of charge. All proceedings in the

Sandiganbayan shall be conducted at no cost to the complainant
and/or his witnesses.
Section 16. Repealing Clause. This Decree hereby repeals

Presidential Decree No. 1486 and all other provisions of law,
General Orders, Presidential Decrees, Letters of Instructions, rules
or regulations inconsistent herewith.
No criminal information or complaint shall be entertained by the

Sandiganbayan
except
upon
a
certification
by
the
Investigating Prosecutor of the existence of a prima facie
case to be determined after a preliminary investigation
conducted in accordance with applicable laws and approved by the
Chief Special Prosecutor.
Section 12. Administrative personnel. The Sandiganbayan shall
reelect and appoint such personnel as it may deem necessary to
Section 17. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila, this 10th day of December, in the year
of Our Lord, nineteen hundred and seventy-eight.

RULE III
COMPOSITION OF DIVISIONS
RULES OF THE SANDIGANBAYAN

Pursuant to the provisions of Section 5 of Article XIII of the
Constitution of the Philippines, as implemented by Presidential
Decree No. 1606, the Sandiganbayan hereby adopts and
promulgates the following rules to govern the conduct of its
business.
RULE ITITLE AND CONSTRUCTION
Section 1. Title of the Rules. These Rules shall be known and cited
as the Rules of the Sandiganbayan.
Section 2. Construction. These Rules shall be liberally construed
in order to promote their objectives and to achieve a just,
expeditious and inexpensive determination of every action and
proceeding before the Sandiganbayan.
RULE II
CONTROL OF FUNCTIONS AND SUCCESSION
Section 1. Exclusive Control. Except as otherwise provided by the
Constitution and Presidential Decree No. 1606, the Sandiganbayan
shall have exclusive control, direction and supervision of all
matters pertaining to its internal affairs and the operation of its
business.
Section 2. Succession in the Office of the Presiding Justice. In case
of vacancy in the position of Presiding Justice of the
Sandiganbayan or his temporary incapacity to exercise the powers
and perform the duties of his office, the same shall devolve upon
the qualified most senior Associate Justices until such incapacity is
removed or another Presiding Justice is appointed and has duly
qualified.
Section 1. How Divisions Constituted. The Sandiganbayan shall

consist of three divisions which shall be known as the First Division,
Second Division, and Third Division, and shall each be composed of
Presiding Justice and the first two Associate Justices in the order of
precedence as the respective Chairmen; the next three Associate
Justices in the order of precedence as the respective senior
members; and the last three Associate Justices in the order of
precedence as the respective junior members. However, until the
entire complement of the Sandiganbayan shall have been
appointed and qualified, the Presiding justice and the two
Associate Justices first appointed and qualified shall constitute the
First Division.
Section 2. Vacancy; How Filled. In case of any vacancy in the
composition of a division, whether permanent or temporary, the
Presiding Justice may designate an Associate Justice of the Court,
to be determined by strict rotation on the basis of the reverse
order of precedence, to sit as a special member of said division
with all the rights and prerogatives of a regular member of said
division in the trial and determination of cases assigned thereto,
unless the operation of the other divisions of the Court will be
prejudiced thereby, in which case, the procedure provided in
Section 3, Rule VIII of these Rules shall apply.
RULE IVFILING OF CASES
Section 1. Proceedings Free of Charge. All proceedings in the
Sandiganbayan be conducted at no cost to the complainant
and/or his witnesses.
Section 2. Preliminary Investigation Necessary. No criminal
information or complaint shall be entertained by the
Sandiganbayan
except
upon
a
certification
by
the
investigating Prosecutor of the existence of a prima facie
case to be determined after a preliminary investigation conducted
in accordance with applicable laws and approved by the Chief
Special Prosecutor.
Section 3. Where Cases Filed. All cases to be filed with the
Sandiganbayan shall be filed with the Office of the Clerk of Court of

the Sandiganbayan which shall be open for the purpose of
receiving complaints, information, motions and the like from eight
to twelve o'clock in the morning and twelve thirty to four-thirty
o'clock in the afternoon, on Mondays to Fridays, except on public or
special holidays.
RULE VDISTRIBUTION AND CONSOLIDATION OF CASES
Section 1. Distribution of Cases. All cases filed with the
Sandiganbayan shall be allotted among the three divisions for
hearing and decision by raffle to be conducted by a Raffle
Committee composed of the Presiding Justice and the two most
senior Associate Justices available, on such days as may hereafter
be fixed by the Presiding Justice depending upon the need for such
raffle to be made in view of the number of cases filed, with notice
to the interested parties who may, if they so desire, be present
therein by themselves or through counsel.
Section 2. Consolidation of Cases. Cases (a) arising from the same
incident or series of incidents, or (b) involving common questions
of fact and law, may, in the discretion of Sandiganbayan, be
consolidated in only one division. Should the propriety of such
consolidation appear upon the filing of the cases concerned and
before they are raffled, all such cases shall be considered as one
case for purposes of the raffle; but, should the propriety of such
consolidation may be affected upon motion of an interested party
filed with the division taking cognizance of the case to be
consolidated and, if granted, consolidation shall be made in
the division before which the case with the lowest number
is pending. In either case, the division in which consolidation is
effected shall be entitled to be credited in the distribution of cases
with the same number of cases transferred to it to the end that all
divisions shall, as much as possible, receive more or less the same
number of cases filed with the Sandiganbayan.
Section 3. Assignment of Cases Permanent. Cases assigned to a
division of the Sandiganbayan in accordance with these Rules shall
remain with said division notwithstanding changes in the
composition thereof and all matters raised therein shall be deemed
to be submitted for consideration and adjudication by any and all
of the Justices who are members of the division aforesaid at the
time said matters are taken up, irrespective of whether they were
or were not members of the division at the time the case was first
assigned thereto
Provided, however, That only Justices who are members of

the division at the time a case is submitted for decision
shall take part in the consideration and adjudication of said
case, unless any such member thereafter ceases to be a member
of the Sandiganbayan for any reason whatsoever in which case any
Justice chosen to fill the vacancy in accordance with the manner
provided in Section 2, Rule III, of these Rules shall participate in the
consideration and adjudication of said case;
Provided, lastly, that the Sandiganbayan en banc may, for special
or compelling reasons, transfer cases from one division thereof to
another.
RULE VIPROCESSES
Processes and writs of the Sandiganbayan which by their nature or
by provision of existing laws or the Rules of Court are to be issued
under the signature of a Judge or a Justice shall be signed by the
Chairman of the division concerned
Provided, That if there is an urgent necessity for the issuance
thereof before the case is raffled to a division, the same shall be
signed by the Presiding Justice. In the absence of the Presiding
Justice or the Chairman aforesaid, the process or writ shall be
signed by the senior Associate Justice in the Sandiganbayan or in
the divisions concerned, respectively.
All other processes or writs issued upon authority of the
Sandiganbayan or a division thereof shall be signed by the Clerk of
Court or, in his absence, by the Deputy Clerk of Court of the
division concerned.
RULE VIIBAIL
Section 1. How Amount Fixed; Approval. The amount of bail to be
posted in cases in the Sandiganbayan shall be fixed by the
Chairman of the division thereof to which they are
assigned; and such bail may be approved by any Justice of the
Sandiganbayan, but preferably by a Justice of the division
concerned
Provided, however, That where the accused is arrested, detained,
or otherwise placed in custody outside the Metropolitan Manila
area, any judge of the Court of First Instance or Circuit

Criminal Court may accept and approve the bail for his
appearance before the division to which his case is assigned and
release him, and shall inform the division issuing the order of arrest
of his action, forwarding thereto the papers in this case.
Section 2. Condition of the Bail. The condition of the bail is that
the accused shall appear and answer the complaint or information
in the division of the Sandiganbayan to which it is assigned or
transferred for trial and submit himself to the orders and processes
thereof and, after conviction, if the case is appealed to the
Supreme Court, that he will surrender himself for the execution of
such judgment as the Supreme Court may render; or, that, in case
the cause is to be tried anew or remanded for a new trial, he will
appear in the division to which it may be remanded and submit
himself to the orders and processes thereof.
RULE VIIISESSIONS AND TRIAL
Section 1. How Sessions Held. The Sandiganbayan shall:
For administrative purposes, sit en banc; and

For the trial and determination of cases, sit in three
divisions of three Justices each.
o The three divisions may sit at the same time.
Section 2. Presiding Officer. Sessions of the Sandiganbayan en

banc shall be presided by the Presiding Justice; whereas sessions in
division shall be presided by the respective Chairman of each
division. In the absence of the Presiding Justice or the Chairman of
a division, as the case may be, the Associate Justice attending the
session en banc or in division who is first in the order of
precedence and able to preside, shall do so.
Section 3. Quorum. Five Justices shall constitute a quorum for
sessions en banc, and three Justices for sessions in division:
Provided, That when a quorum and/or the votes required for a
resolution or decision of the Sandiganbayan, either en banc or in
division, or the trial or hearing of cases cannot be had due to the
legal disqualification or temporary disability of a Justice or of a
vacancy
occurring
therein,
the
President
shall,
upon
recommendation of the Presiding Justice, designate any Justice of
the Court of Appeals, Judge of the Court of First Instance or of the
Circuit Criminal Court to sit temporarily therein.
Section 4. Place of Holding Sessions. Sessions of the

Sandiganbayan, whether en banc or in division, shall be held in the
place of its principal office in the Metropolitan Manila area where it
shall try and determine all cases filed with it irrespective of the
place where they may have arisen: Provided, however, That the
Presiding Justice may authorize any division or divisions of the
Court to hold sessions at any time and place outside Metropolitan
Manila to hear and decide cases emanating therefrom. For this
purpose and whenever necessary, the Sandiganbayan may require
the services of the personnel and the use of the facilities of any
agency of the Government, national or local, including the Courts
of First Instance or Circuit Criminal Court of the province or city
where any of the divisions is holding session, and those personnel
of such agencies or courts shall be subject to the orders of the
Sandiganbayan.
Section 5. Time of Holding Sessions. Sessions of the
Sandiganbayan en banc may be called at any time by the Presiding
Justice or at the instance at least five Associate Justices. Sessions
for the trial of cases cognizable by it shall be held on such days
and at such times as the divisions thereof may, by order and upon
notice to the parties concerned, fix.
Section 6. Pre-trial Inquest. After the arraignment of an
accused who pleads not guilty, the division concerned shall,
without prejudice to the invocation by the accused of his
constitutional rights, direct the prosecutor and the accused and his
counsel to appear before any of the Justices thereof for a
conference to consider;
(a) Admissions of facts about which there can be no dispute;
(b) Marking for identification of documentary or real evidence of
the parties;
(c) Waiver of objections to admissibility of evidence;
(d) Procedure on objections where there are multiple counsel;
(e) Order of presentation of evidence and arguments where there
are multiple accused;
(f) Order of cross-examination where there are multiple accused;
and

(g) Such other matter as will promote a fair and expeditious
termination of the trial.
After the pre-trial inquest, a pre-trial order shall be issued by
the Associate Justice presiding the conference reciting:
The actions and/or proceedings taken thereat;

The admissions of facts made;
The documents and real evidence marked; and
The agreement entered into by the parties as to any of the
matters taken up therein.
Such order shall limit the issues for trial to those not disposed of by
the admissions or agreements of the parties and when entered
shall bind the parties and control the course of the action during
the trial, on appeal, and in post-conviction proceedings, unless
modified by the division concerned before trial to prevent
manifest injustice.
RULE IXMOTIONS
Section 1. Motion Day. The first hours of the morning session of
the divisions every Friday shall be devoted to the hearing of
motions, unless, upon motion of an interested party and for special
reasons, the division concerned shall fix another day for the
hearing of any particular motion.
Section 2. Resolution on Interlocutory or Incidental Motions.
Rulings on all written motions submitted to the Sandiganbayan or
any division thereof for resolution shall be reached in consultation
among the Justices participating in the consideration thereof
Provided, however, That rulings on oral motions or on objections
made in the course of the trial or hearing shall be handed down by
the Chairman of the division concerned.
RULE XJUDGMENT
Section 1. Votes Necessary to Decide. The unanimous vote of
three Justices in a division shall be necessary for the
rendition of a judgment or order. In the event that the three
Justices do not reach a unanimous vote, the Presiding Justice shall
designated by raffle two Justices from among the other members
of the Sandiganbayan to sit temporarily with them forming a
special division of five Justices, and the vote of a majority of

such special division shall be necessary for the rendition of a
judgment or order.
Section 2. Procedure in Deciding Cases. The conclusions of a
division of the Sandiganbayan in any case submitted to it for
decision shall be reached in consultation before the case is
assigned to a Justice for the writing of the opinion of the division.
Any Justice dissenting from a judgment shall state the reasons for
his dissent.
Section 3. Maximum Period to Decide Cases. The judgment or
final order of a division of the Sandiganbayan shall be rendered
within three (3) months from the date the case was
submitted for decision.
Section 4. Form of judgment and final order of a division of the
Sandiganbayan shall contain complete findings of fact and a
statement of the law on all issues properly raised before it.
RULE XIPROMULGATION OF JUDGMENT
A judgment of a division of the Sandiganbayan shall be
promulgated by reading the judgment or sentence in the presence
of the accused and any Justice of the division which rendered the
same
Provided, That, if the accused is confined or detained in a place
outside Metropolitan Manila or of the city or province in which any
division of the Sandiganbayan is sitting at the time of such
promulgation, the judgment may, upon delegation by the division
concerned be promulgated by any judge of the Court of First
Instance or Circuit Criminal Court having jurisdiction over the place
of confinement or detention, in which event the Court so
promulgating the judgment shall have authority to accept and
approve the appeal bond.
RULE XIIPETITION FOR RECONSIDERATION
Within fifteen (15) days from the promulgation or notice of
a judgment or final order of a division of the
Sandiganbayan, unless said judgment or order had in the
meantime otherwise attained finality, a petition for the
reconsideration thereof may be filed (a) upon the grounds, (b) in

the form and (c) subject to the requirements, for motions for new
trial in criminal cases under Rule 121 of the Rules of Court
Such petition for reconsideration shall be decided within

thirty (30) days from submission thereof.
RULE XIIIREVIEW OF JUDGMENTS AND FINAL ORDERS

Section 1. Method of Review. A party may appeal from a
judgment or final order of a division of the Sandiganbayan (a) by
filing with the Supreme Court a petition for certiorari in
accordance with Rule 45 of Rules of Court and (b) by serving a
copy thereof to the Sandiganbayan.
Whenever, in any case decided, the death penalty shall have been
imposed, the records shall be forwarded to the Supreme Court,
whether the accused shall have appealed or not, for review and
judgment, as law and justice shall dictate.
Section 2. Bail Pending Appeal. An accused who has been
released on bail shall not committed to jail upon conviction
pending the expiration of the period for appeal or pending an
appeal seasonably taken, except when the penalty imposed is
reclusion perpetua or death, in which case, the accused may
forthwith be committed to jail after promulgation of the sentence.
The division of the Sandiganbayan concerned, however, may, for
good cause, cancel the bond or increase the amount of bail and
commit the accused into custody pending appeal, unless he gives
bail in the increased amount. The surely shall also be responsible
for the surrender or the accused after judgment shall have become
final.
RULE XIVPUBLICATION OF DECISIONS
With the consent of the respective writers thereof, the decisions of
the Sandiganbayan may be published in the Official Gazette in the
language in which they have been originally written. The syllabi for
the decisions shall be prepared by the Clerk of Court in
consultation with writers thereof.
RULE XVAPPLICABILITY OF THE RULES OF COURT
Except as otherwise herein provided or as may hereafter be

modified from time to time by the Sandiganbayan and insofar as
practicable, the Rules of Court shall govern proceedings in the
Sandiganbayan.
RULE XVISEAL OF THE SANDIGANBAYAN
The seal of the Sandiganbayan shall be of standard size, circular in
form, consisting of two concentric circles as its margin, 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 16 stars, representing the existing 16
judicial districts, 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 right side, "KAPANAGUTAN" on the left 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.
RULE XVIISEPARABILITY CLAUSE
If, for any reason, any section or provision of these Rules shall be
held to be unconstitutional or invalid, no other section or provision
thereof shall be effected thereby.
RULE XVIIIEFFECTIVITY
The Rules shall take effect upon approval.
Done in the City of Manila, this 10th day of January, in the year of
Our Lord, nineteen hundred and seventy-nine.
4. PRESIDENTIAL DECREE 1861
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.
WHEREAS, Batas Pambansa Blg. 129 has simplified the rules on

jurisdiction by, among others, abolishing the concurrent jurisdiction
of the Sandiganbayan and the regular courts;
WHEREAS, Batas Pambansa Blg. 129 expanded the exclusive
original jurisdiction of the Sandiganbayan over the offenses
enumerated in Section 4 of Presidential Decree No. 1606, to
embrace all such offenses irrespective of the imposable penalty;
WHEREAS, there has been a proliferation and marked increase in
the filing of cases before the Sandiganbayan where the offense
charged is punishable by a penalty not higher than prision
correccional or its equivalent; and
WHEREAS, to insure that the prosecution of offenses committed by
public officers and employees, including those employed in
government-owned or controlled corporations, shall be as
inexpensive and as expeditious as possible, and in keeping with
the constitutional mandate constituting the Sandiganbayan as a
special court to try cases involving graft and corruption, and other
offenses committed by public officers and employees in relation to
their office, it is necessary and desirable that certain cases shall be
triable by the appropriate courts, with appellate jurisdiction over
these cases to be vested in the Sandiganbayan;
Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as follows:
SECTION 1. Section 4 of Presidential Decree No. 1606 is hereby
SEC. 4. Jurisdiction. The Sandiganbayan shall exercise:
(a) Exclusive original jurisdiction in all cases involving:
(1) Violations of RA 3019, as amended (the Anti-Graft and Corrupt
Practices Act), RA 1379 (Act Declaring Forfeiture in Favor of the
State of Any Property Found to have been Unlawfully Acquired by
Any Public Officer or Employee); and Chapter II, Section 2, Title
VII of the Revised Penal Code (Crimes Committed by Public
Officers);
(2) Other offenses or felonies committed by public officers and
employees in relation to their office, including those employed
in government-owned or controlled corporations, whether simple

or complexed with other crimes, where the penalty prescribed by
law is:
Higher than prision correccional; or

Imprisonment for six (6) years; or
Fine of P6,000.00.
Provided, however, that offenses or felonies mentioned in this

paragraph where the penalty prescribed by law does not exceed
prision correccional or imprisonment for six (6) years or a fine of
P6,000.00 shall be tried by the proper Regional Trial Court,
Metropolitan Trial Court, Municipal Trial Court and Municipal Circuit
Trial Court.
(b) Exclusive appellate jurisdiction:
(1) On appeal, from the final judgments, resolutions or orders
of the Regional Trial Courts in cases originally decided by them
in their respective territorial jurisdiction.
(2) By petition for review, from the final judgments, resolutions
or orders of the Regional Trial Courts in the exercise of their
appellate jurisdiction over cases originally decided by the
Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts, in their respective jurisdiction.
The procedure prescribed in Batas Pambansa Blg. 129, as well as
the implementing rules and Supreme Court has promulgated and
may hereinafter promulgate, relative to appeals/petitions for
review to the Intermediate Appellate Court (Court of Appeals) shall
apply to appeals and petitions for review filed with the
Sandiganbayan.
In all cases elevated to the Sandiganbayan, the Office of

the Tanodbayan shall represent the People of the
Philippines.
In case private individuals are charged as

accomplices or accessories with the public officers
including those employed in government-owned
corporations, they shall be tried jointly with said
and employees.
co-principals,
or employees,
or controlled
public officers

Any provision of law or the Rules of Court to the contrary
jointly determined in the same proceeding by the Sandiganbayan
or the appropriate courts, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and
no right to reserve the filing of such civil action separately
from the criminal action shall be recognized:
Provided, however, that (a) where the civil action had heretofore
been filed separately, (b) but judgment therein has not yet been
rendered, and (c) the criminal case is hereafter filed with the
Sandiganbayan or the appropriate court, said civil action shall be
transferred to the Sandiganbayan or the appropriate court, as the
case may be, for consolidation and joint determination with the
criminal action;
Otherwise the separate civil action shall be considered

abandoned.
SECTION 2. All cases pending in the Sandiganbayan or in the

appropriate courts as of the date of the effectivity of this Decree
shall remain with and be disposed of by the courts where they are
pending.
SECTION 3. The provisions of this Decree notwithstanding, the
Office of the Tanodbayan shall continue to have the exclusive
authority:
To conduct preliminary investigation

To file the necessary information; and
To direct and control the prosecution of all cases
enumerated in Section 4 of PD 1606, whether such cases
be within the exclusive original/appellate jurisdiction of the
Sandiganbayan or the appropriate courts in accordance
with the provisions of PD 1630.
SECTION 4. All other laws, orders, promulgations, rules and

regulations or parts thereof, which are inconsistent herewith are
hereby amended, repealed or modified accordingly.
SECTION 5. This Decree shall take effect immediately.
Done in the City of Manila this 23rd day of March, in the year of
Our Lord, nineteen hundred and eighty-three.
5. REPUBLIC ACT 7995 APPROVED MARCH 10, 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, to be determined by strict rotation on the basis of the
reverse order of precedence, to sit as a special member of said
division with all the rights and prerogatives of a regular member of
said division in the trial and determination of a case or cases
assigned thereto, unless the operation of the court will be
prejudiced thereby, in which case, the President shall, upon the
recommendation of the Presiding Justice, designate any Justice or
Justices of the Court of Appeals to sit temporarily therein."
Section 2. Section 4 of the same Decree is hereby further
"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original
jurisdiction in all cases involving:

"a. Violations of Republic Act No. 3019, as amended, otherwise
known as the 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
the following positions in the government, whether in 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, and provincial treasurers, assessors,
engineers, and other provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurers, assessors, engineers, and other city
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) PNP chief superintendent and PNP officers of higher rank;
"(f) City and provincial prosecutors and their assistants, and
officials and prosecutors in the Office of the Ombudsman and
special prosecutor;
"(g) Presidents, directors or trustees, or managers of governmentowned 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 Position Classification
Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of
the Constitution;
"(4) Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and

"(5) All other national and local officials classified as Grade "27"
and higher under the Compensation and Position Classification Act
of 1989;
"b. Other offenses or felonies committed by the public officials and
employees mentioned in subsection (a) of this section in relation to
their office.
"c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A.
"In cases where none of the principal accused are occupying
positions corresponding to salary grade "27" or higher, as
prescribed in the said Republic Act No. 6758, or PNP officers
occupying the rank of superintendent or higher, or their equivalent,
exclusive jurisdiction thereof shall be vested in the proper Regional
Trial Court, Metropolitan Trial Court, Municipal Trial Court, and
Municipal Circuit Trial Court, as the case may be, pursuant to their
respective jurisdictions as provided in Batas Pambansa Blg. 129.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction
on appeals from the final judgments, resolutions or orders of
regular courts where all the accused are occupying positions lower
than salary grade "27", or not otherwise covered by the preceding
enumeration.
"The Sandiganbayan shall have exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunction, and other ancillary writs and
processes in aid of its appellate jurisdiction: Provided, That the
jurisdiction over these petitions shall not be exclusive of the
Supreme Court.
"The procedure prescribed in Batas Pambansa Blg. 129, as well as
the implementing rules that the Supreme Court has promulgated
and may hereafter promulgate, relative to appeals/petitions for
review to the Court of Appeals shall apply to appeals and petitions
for review filed with the Sandiganbayan. In all 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 Nos. 1, 2, 14 and 14-A.

"In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or employees,
including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers and
employees in the proper courts which shall exercise exclusive
jurisdiction over them.
"Any provision of law or Rules of Court to the contrary
jointly determined in, the same proceeding by the Sandiganbayan
or the appropriate courts, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and
no right to reserve the filing of such civil action separately from the
criminal action shall be recognized: Provided, however, That where
the civil action had heretofore been filed separately but judgment
therein has not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the appropriate court,
said civil action shall be transferred to the Sandiganbayan or the
appropriate court as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil
action shall be deemed abandoned."
Section 3. Section 7 of the same decree is hereby amended to
read as follows:
"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions
and final orders determining the merits of a case or finally
disposing of the action or proceedings of the Sandiganbayan shall
contain complete findings of the facts and the law on which they
are based, on all issues properly raised before it and necessary in
deciding the case.
"A petition for reconsideration of any final order or decision may be
filed within fifteen (15) days from promulgation or notice of the
final order or judgment, and such motion for reconsideration shall
be decided within thirty (30) days from submission thereon.
"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. Whenever, in any case decided by the
Sandiganbayan, the penalty of reclusion perpetua or higher is
imposed, the decision shall be appealable to the Supreme Court in

the manner prescribed in the Rules of Court. In case 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 fifteen (15) days from promulgation or
notice to the parties."
Section 4. Section 9 of the same Decree is hereby amended to
read as follows:
"Sec. 9. Rules of Procedure. - 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 inforced until
repealed or modified by the Supreme Court."
Section 5. Section 10 of the same Decree is hereby repealed.
Section 6. Presidential Decrees Nos. 1486, 1606 and 1861,
Executive Orders Nos. 101 and 184 and all other laws, decrees,
orders and rules of which are inconsistent therewith are hereby
repealed or modified accordingly.
Section 7. 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.
Section 8. This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) national newspapers
6. REPUBLIC ACT 8249 APPROVED FEBRUARY 5, 1997
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
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
"SECTION 2. Official Station; Place of Holding Sessions. - The
Sandiganbayan shall have its principal office in the Metro Manila
area and shall hold sessions thereat for the trial and determination
of cases filed with it: Provided, however, That cases originating
from the principal geographical regions of the country, that is, from
Luzon, Visayas or Mindanao, shall be heard in their respective
regions of origin except only when the greater convenience of the
accused and of the witnesses, or other compelling considerations
require the contrary, in which instance a case originating from one
geographical region may be heard in another geographical region:
Provided, further, That for this purpose the presiding justice shall
authorize any divisions of the court to hold sessions at any time
and place outside Metro Manila and, where the interest of justice
so requires, outside the territorial boundaries of the Philippines.
The Sandiganbayan may require the services of the personnel and
the use of facilities of the courts or other government offices where
any of the divisions is holding sessions and the personnel of such
courts or offices shall be subject to the orders of the
Sandiganbayan."
Section 3. The second paragraph of Section 3 of the same decree
is hereby deleted.

"a. Violations of (i) RA 3019, as amended (Anti-graft and Corrupt
Practices Act), (ii) RA 1379 (Act Declaring Forfeiture in Favor of the
State of Any Property Found to have been Unlawfully Acquired by
Any Public Officer or Employee); and (iii) Chapter II, Section 2, Title
VII, Book II of the Revised Penal Code (Crimes Committed by Public
Officers), 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 (RA 6758), specifically including:
"(a)
Provincial governors
Vice-governors
Members of the sangguniang panlalawigan
Provincial treasurers
Provincial assessors
Provincial engineers; and
Other provincial department heads
"(b)
City mayors
Vice-mayors
Members of the sangguniang panlungsod
City treasurers
City assessors
City engineers; and
Other city 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 Philippine National Police:
While occupying the position of provincial director; and

Those holding the rank of senior superintendent or
higher
City and provincial prosecutors

Their assistants; and
Officials and prosecutors in the Office of the Ombudsman
and Special Prosecutor
"(f)
"(g) Presidents, directors or trustees, or managers of governmentowned 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 Position
Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions
of the Constitution;
"(4) Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade'27'
and higher under the Compensation and Position Classification Act
of 1989.
"b. Other offenses or felonies whether simple or complexed
with other crimes committed by the public officials and
employees mentioned in subsection a of this section in
relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with
EOs 1, 2, 14, and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions
corresponding to salary grade '27' or higher, as prescribed in the
said RA 6758, or military or PNP officers mentioned above,
exclusive original jurisdiction thereof shall be vested in the

proper regional trial court, metropolitan trial court,
municipal trial court and municipal circuit trial court' as the
case may be, pursuant to their respective jurisdiction as
provided in BP 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate
jurisdiction over final judgments, resolutions or orders or
regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction
over petitions for the issuance of the writs of (a) mandamus, (b)
prohibition, (c) certiorari, (d) habeas corpus, (e) injunctions, and (f)
other ancillary writs and processes in aid of its appellate
jurisdiction;
And (g) over petitions of similar nature, including (h) quo
warranto, arising or that may arise in cases filed or
which may be filed under EOs 1,2,14 and 14-A,
issued in 1986:
Provided, That the jurisdiction over these petitions shall not
be exclusive of the Supreme Court.
The procedure prescribed in BP 129, as well as the implementing
rules that the Supreme Court has promulgated and may hereafter
promulgate, relative to appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions for review filed with
the Sandiganbayan.
In all cases elevated (a) to the Sandiganbayan and (b) 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 Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or employees,
including those employed in govemment-owned or controlled
corporations, they shall be tried jointly with said public officers
and employees in the proper courts which shall exercise
exclusive jurisdiction over them.

"Any provisions of law or Rules of Court to the contrary
action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same
proceeding by the Sandiganbayan or the appropriate courts, the
filing of the criminal action being deemed to necessarily carry with
it the filing of the civil action, and no right to reserve the filing
of such civil action separately from the criminal action shall
be recognized
Provided, however, That (a) where the civil action had therefore
been filed separately, (b) but judgment therein has not yet been
rendered, and (c) the criminal case is hereafter filed with the
Sandiganbayan or the appropriate court, said civil action shall be
transferred to the Sandiganbayan or the appropriate court, as the
case may be, for consolidation and joint determination with the
criminal action;
Otherwise the separate civil action shall be deemed

abandoned."

'SECTION 7. Form, Finality and Enforcement of Decisions. - All
decisions and final orders determining the merits of a case or
finally disposing of the action or proceedings of the Sandijanbayan
shall contain complete findings of the facts and the law on which
they are based, on all issues properly raised before it and
necessary in deciding the case.
"A petition for reconsideration of any final order or decision
may be filed within fifteen (15) days from promulgation or
notice of the final order on judgment, and such motion for
reconsideration shall be decided within thirty (30) days from
submission thereon.
"Decisions and final orders of the Sandiganbyan 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. Whenever, in any case decided
by the Sandiganbayan, the penalty of reclusion perpetua, life
imprisonment or death is imposed, the decision shall be appealable
to the Supreme Court in the manner prescribed in the Rules of
Court.
"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 decree as well as those rendered by them
in the exercise of their appellate jurisdiction shall be appealable
to, or be reviewable by, the Sandiganbayan in the manner
provided by Rule 122 of the Rules of the Court.
"In case, however, the imposed penalty by the Sandiganbayan or
the regional trial court in the proper exercise of their respective
jurisdictions, is death, review by the Supreme Court shall be
automatic, whether or not the accused files an appeal."
Section 6. Appropriations. - The amount necessary to carry out
the initial implementation of this Act shall be charged against the
current fiscal year appropriations of the Sandiganbayan.
Thereafter, such sums as may be needed for its continued
implementation shall be included in the annual General
Appropriations Act.
Section 7. Transitory Provision. - This Act shall apply to all
cases pending in any court over which trial has not begun as of the
approval hereof
Section 8. Separability of Provisions. - If for any reason any
provision of this Act is declared unconstitutional or invalid, such
parts or portions not affected thereby shall remain in full force and
effect.
Section 9. Repealing Clause. - All acts, decrees, general orders
and circulars, or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Section 10. Effectivity. - This Act shall take effect fifteen (15)
days after its complete publication in at least two (2) newspapers
I.JURISDICTION OF THE OMBUDSMAN

APPLICABLE LAW
make-up of the Filipino nation.
I.1. REPUBLIC ACT NO. 6770 OTHERWISE KNOWN AS THE

OMBUDSMAN ACT OF 1989
Section 5. Qualifications. The Ombudsman and his Deputies,

including the Special Prosecutor, shall be natural-born citizens of
the Philippines, at least forty (40) years old, of recognized probity
and independence, members of the Philippine Bar, and must not
have been candidates for any elective national or local office in the
immediately preceding election whether regular or special. The
Ombudsman must have, for ten (10) years or more, been a judge
or engaged in the practice of law in the Philippines.
AN
ACT
PROVIDING
FOR
THE
FUNCTIONAL
AND
STRUCTURAL ORGANIZATION OF THE OFFICE OF THE
OMBUDSMAN, AND FOR OTHER PURPOSES
Philippines in Congress assembled:
Section 1. Title. This Act shall be known as "The Ombudsman
Act of 1989."
Section 2. Declaration of Policy. The State shall maintain
honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
Public office is a public trust. Public officers and employees
must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, efficiency, act with
patriotism and justice and lead modest lives.
Section 3. Office of the Ombudsman. The Office of the
Ombudsman shall include the Office of the Overall Deputy, the
Office of the Deputy for Luzon, the Office of the Deputy for the
Visayas, the Office of the Deputy for Mindanao, the Office of the
Deputy for the Armed Forces, and the Office of the Special
Prosecutor. The President may appoint other Deputies as the
necessity for it may arise, as recommended by the Ombudsman.
Section 4. Appointment. The Ombudsman and his
Deputies, including the Special Prosecutor, shall be appointed
by the President from a list of at least twenty-one (21) nominees
prepared by the Judicial and Bar Council, and from a list of three
(3) nominees for each vacancy thereafter, which shall be filled
within three (3) months after it occurs, each of which list shall be
published in a newspaper of general circulation.
In the organization of the Office of the Ombudsman for filling up of
positions therein, regional, cultural or ethnic considerations shall
be taken into account to the end that the Office shall be as much
as possible representative of the regional, ethnic and cultural
Section 6. Rank and Salary. The Ombudsman and his

Deputies shall have the same ranks, salaries and privileges as the
Chairman and members, respectively, of a Constitutional
Commission. Their salaries shall not be decreased during their
term of office.
The members of the prosecution, investigation and legal staff of
the Office of the Ombudsman shall receive salaries which shall not
be less than those given to comparable positions in any office in
the Government.
Section 7. Term of Office. The Ombudsman and his Deputies,
including the Special Prosecutor, shall serve for a term of seven (7)
years without reappointment.
Section 8. Removal; Filling of Vacancy. (1) In accordance
with the provisions of Article XI of the Constitution, the
Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal of
public trust.
(2) A Deputy, or the Special Prosecutor, may be removed from
office by the President for any of the grounds provided for the
removal of the Ombudsman, and after due process.
(3) In case of vacancy in the Office of the Ombudsman due to
death, resignation, removal or permanent disability of the
incumbent Ombudsman, the Overall Deputy shall serve as Acting
Ombudsman in a concurrent capacity until a new Ombudsman
shall have been appointed for a full term. In case the Overall
Deputy cannot assume the role of Acting Ombudsman, the
President may designate any of the Deputies, or the Special

Prosecutor, as Acting Ombudsman.
(4) In case of temporary absence or disability of the Ombudsman,
the Overall Deputy shall perform the duties of the Ombudsman
until the Ombudsman returns or is able to perform his duties.
Section 9. Prohibitions and Disqualifications. The
Ombudsman, his Deputies and the Special Prosecutor shall not,
during their tenure, hold any other office or employment. They
shall not, during said tenure, directly or indirectly practice any
other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special
privilege granted by the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict
of interest in the conduct of their office. They shall not be qualified
to run for any office in the election immediately following their
cessation from office. They shall not be allowed to appear or
practice before the Ombudsman for two (2) years following their
cessation from office.
No spouse or relative by consanguinity or affinity within the fourth
civil degree and no law, business or professional partner or
associate of the Ombudsman, his Deputies or Special Prosecutor
within one (1) year preceding the appointment may appear as
counsel or agent on any matter pending before the Office of the
Ombudsman or transact business directly or indirectly therewith.
This disqualification shall apply during the tenure of the official
concerned. This disqualification likewise extends to the law,
business or professional firm for the same period.
Section 10. Disclosure of Relationship. It shall be the duty
of the Ombudsman, his Deputies, including the Special Prosecutor
to make under oath, to the best of their knowledge and/or
information, a public disclosure of the identities of, and their
relationship with the persons referred to in the preceding section.
The disclosure shall be filed with the Office of the President and the
Office of the Ombudsman before the appointee assumes office and
every year thereafter. The disclosures made pursuant to this
section shall form part of the public records and shall be available
to any person or entity upon request.
Section 11. Structural Organization. The authority and

responsibility for the exercise of the mandate of the Office of the
Ombudsman and for the discharge of its powers and functions shall
be vested in the Ombudsman, who shall have supervision and
control of the said office.
(1) The Office of the Ombudsman may organize such directorates
for administration and allied services as may be necessary for the
effective discharge of its functions. Those appointed as directors or
heads shall have the rank and salary of line bureau directors.
(2) The Office of the Overall Deputy
Shall oversee and administer the operations of the different
offices under the Office of Ombudsman; and
Shall likewise perform such other functions and duties
assigned to it by the Ombudsman.
(3) The Office of the Special Prosecutor
Shall be composed of the Special Prosecutor and his
prosecution staff
Shall be an organic component of the Office of the
Ombudsman; and
Shall be under the supervision and control of the
Ombudsman.
(4) The Office of the Special Prosecutor shall, under the
supervision and control and upon the authority of the Ombudsman,
have the following powers:
(a) To conduct preliminary investigation and prosecute
criminal cases within the jurisdiction of the
Sandiganbayan;
(b) To enter into plea bargaining agreements; and
(c) To perform such other duties assigned to it by the
Ombudsman.
The Special Prosecutor shall have the rank and salary of a
Deputy Ombudsman.
(5) The position structure and staffing pattern of the Office of the
Ombudsman, including the Office of the Special Prosecutor, shall

be approved and prescribed by the Ombudsman. The Ombudsman
shall appoint all officers and employees of the Office of the
Ombudsman, including those of the Office of the Special
Prosecutor, in accordance with the Civil Service Law, rules and
regulations.
Section 12. Official Stations. The Ombudsman, the Overall
Deputy, the Deputy for Luzon, and the Deputy for the Armed
Forces shall hold office in Metropolitan Manila; the Deputy for the
Visayas, in Cebu City; and the Deputy for Mindanao, in Davao City.
The Ombudsman may transfer their stations within their respective
geographical regions, as public interest may require.
Section 13. Mandate. The Ombudsman and his Deputies, as
protectors of the people, shall act promptly on complaints filed in
any form or manner against officers or employees of the
Government, or of any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations,
and enforce their administrative, civil, and criminal liability in every
case where the evidence warrants in order to promote efficient
service by the Government to the people.
Section 14. Restrictions. No writ of injunction shall be
issued by any court to delay an investigation being conducted by
the Ombudsman under this Act, unless there is a prima facie
evidence that the subject matter of the investigation is outside the
jurisdiction of the Office of the Ombudsman.
No court shall hear any appeal or application for remedy against
the decision or findings of the Ombudsman, except the Supreme
Court, on pure question of law.
Section 15. Powers, Functions and Duties. The Office of the
Ombudsman shall have the following powers, functions and duties:
(1) Investigate and prosecute on its own or on complaint by any
person, any act or omission of any public officer or employee,
office or agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
It has primary jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of his primary
jurisdiction, it may take over, at any stage, from any
investigatory agency of Government, the investigation of
such cases
(2) Direct, upon complaint or at its own instance, any officer or
employee of the Government, or of any subdivision, agency or
instrumentality thereof, as well as any government-owned or
controlled corporations with original charter:
To perform and expedite any act or duty required by law; or
To stop, prevent, and correct any abuse or impropriety in the
performance of duties
(3) Direct the officer concerned to take appropriate action against
a public officer or employee at fault or who neglect to perform an
act or discharge a duty required by law, and recommend his
removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith; or enforce its disciplinary authority
as provided in Section 21 of this Act:
Provided, That the refusal by any officer without just cause
to comply with an order of the Ombudsman to remove,
suspend, demote, fine, censure, or prosecute an officer or
employee who is at fault or who neglects to perform an act
or discharge a duty required by law shall be a ground for
disciplinary action against said officer;
(4) Direct the officer concerned, in any appropriate case, and
subject to such limitations as it may provide in its rules of
procedure, to furnish it with copies of documents relating to
contracts or transactions entered into by his office involving the
disbursement or use of public funds or properties, and report any
irregularity to the Commission on Audit for appropriate action;
(5) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents;
(6) Publicize matters covered by its investigation of the matters
mentioned in paragraphs (1), (2), (3) and (4) hereof, when
circumstances so warrant and with due prudence: Provided, That
the Ombudsman under its rules and regulations may determine
what cases may not be made public: Provided, further, That any
publicity issued by the Ombudsman shall be balanced, fair and
true;

(7)
Determine
the
causes
of
inefficiency,
red
tape,
mismanagement, fraud, and corruption in the Government, and
make recommendations for their elimination and the observance of
high standards of ethics and efficiency;
(8) Administer oaths, issue subpoena and subpoena duces tecum,
and take testimony in any investigation or inquiry, including the
power to examine and have access to bank accounts and records;
(9) Punish for contempt in accordance with the Rules of Court and
under the same procedure and with the same penalties provided
therein;
(10) Delegate to the Deputies, or its investigators or
representatives such authority or duty as shall ensure the effective
exercise or performance of the powers, functions, and duties
herein or hereinafter provided;
(11) Investigate and initiate the proper action for the recovery of
ill-gotten and/or unexplained wealth amassed after February 25,
1986 and the prosecution of the parties involved therein.
The Ombudsman shall give priority to complaints filed against high
ranking government officials and/or those occupying supervisory
positions, complaints involving grave offenses as well as
complaints involving large sums of money and/or properties.
and produce evidence, documentary or otherwise.

Under such terms and conditions as it may determine, taking into
account the pertinent provisions of the Rules of Court, the
Ombudsman may grant immunity from criminal prosecution to any
person whose testimony or whose possession and production of
documents or other evidence may be necessary to determine the
truth in any hearing, inquiry or proceeding being conducted by the
Ombudsman or under its authority, in the performance or in the
furtherance of its constitutional functions and statutory objectives.
The immunity granted under this and the immediately preceding
paragraph shall not exempt the witness from criminal prosecution
for perjury or false testimony nor shall he be exempt from
demotion or removal from office.
Any refusal to appear or testify pursuant to the foregoing
provisions shall be subject to punishment for contempt and
removal of the immunity from criminal prosecution.
Section 18. Rules of Procedure. (1) The Office of the
Ombudsman shall promulgate its rules of procedure for the
effective exercise or performance of its powers, functions, and
duties.
(2) The rules of procedure shall include a provision whereby the
Rules of Court are made suppletory.
Section 16. Applicability. The provisions of this Act shall apply

to all kinds of malfeasance, misfeasance, and non-feasance that
have been committed by any officer or employee as mentioned in
Section 13 hereof, during his tenure of office.
(3) The rules shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazette or in three (3)
newspapers of general circulation in the Philippines, one of which is
printed in the national language.
Section 17. Immunities. In all hearings, inquiries, and

proceedings
of
the
Ombudsman,
including
preliminary
investigations of offenses, no person subpoenaed to testify as a
witness shall be excused from attending and testifying or from
producing books, papers, correspondence, memoranda and/or
other records on the ground that the testimony or evidence,
documentary or otherwise, required of him, may tend to
incriminate him or subject him to prosecution:
Section 19. Administrative Complaints. The Ombudsman

shall act on all complaints relating, but not limited to acts or
omissions which:
Provided, That no person shall be prosecuted criminally for or on

account of any matter concerning which he is compelled, after
having claimed the privilege against self-incrimination, to testify
(1) Are contrary to law or regulation;

(2) Are unreasonable, unfair, oppressive, or discriminatory;
(3) Are inconsistent with the general course of an agency's
functions, though in accordance with law;
(4) Proceed from a mistake of law or an arbitrary
ascertainment of facts;
(5) Are in the exercise of discretionary powers, but for an

improper purpose; or
(6) Are otherwise irregular, immoral or devoid of justification.
Section 20. Exceptions. The Office of the Ombudsman may
not conduct the necessary investigation of any administrative act
or omission complained of if it believes that:
(1) The complainant has an adequate remedy in another
judicial or quasi-judicial body;
(2) The complaint pertains to a matter outside the jurisdiction
of the Office of the Ombudsman;
(3) The complaint is trivial, frivolous, vexatious, or made in
bad faith;
(4) The complainant has no sufficient personal interest in the
subject matter of the grievance; or
(5) The complaint was filed after one (1) year from the
occurrence of the act or omission complained of;
Section 21. Officials Subject to Disciplinary Authority;
Exceptions. The Office of the Ombudsman shall have
disciplinary authority over all elective and appointive
officials of the Government and its subdivisions, instrumentalities
and agencies, including Members of the Cabinet, local government,
government-owned
or
controlled
corporations
and
their
subsidiaries, except over officials who may be removed only by
impeachment or over Members of Congress, and the Judiciary.
Section 22. Investigatory Power. The Office of the
Ombudsman shall have the power to investigate any serious
misconduct in office allegedly committed by officials removable by
impeachment, for the purpose of filing a verified complaint for
impeachment, if warranted.
In all cases of conspiracy between an officer or employee of the
government and a private person, the Ombudsman and his
Deputies shall have jurisdiction to include such private
person in the investigation and proceed against such
private person as the evidence may warrant.
The officer or employee and the private person shall be tried
jointly and shall be subject to the same penalties and liabilities.
Section
23.
Formal
Investigation.
(1)
Administrative
investigations conducted by the Office of the Ombudsman shall be

in accordance with its rules of procedure and consistent with due
process.
(2) At its option, the Office of the Ombudsman may refer certain
complaints to the proper disciplinary authority for the institution of
appropriate administrative proceedings against erring public
officers or employees, which shall be terminated within the period
prescribed in the civil service law. Any delay without just cause in
acting on any referral made by the Office of the Ombudsman shall
be a ground for administrative action against the officers or
employees to whom such referrals are addressed and shall
constitute a graft offense punishable by a fine of not exceeding five
thousand pesos (P5,000.00).
(3) In any investigation under this Act the Ombudsman may (a)
enter and inspect the premises of any office, agency, commission
or tribunal; (b) examine and have access to any book, record, file,
document or paper; and (c) hold private hearings with both the
complaining individual and the official concerned.
Section 24. Preventive Suspension. The Ombudsman or his
Deputy may preventively suspend any officer or employee
under his authority pending an investigation, if in his judgment
the evidence of guilt is strong, and (a) the charge against such
officer or employee involves dishonesty, oppression or grave
misconduct or neglect in the performance of duty; (b) the charges
would warrant removal from the service; or (c) the respondent's
continued stay in office may prejudice the case filed against him.
The preventive suspension shall continue until the case is
terminated by the Office of the Ombudsman but not more than
six (6) months, without pay, except when the delay in the
disposition of the case by the Office of the Ombudsman is due to
the fault, negligence or petition of the respondent, in which case
the period of such delay shall not be counted in computing the
period of suspension herein provided.
Section 25. Penalties. (1) In administrative proceedings under
Presidential Decree No. 807, the penalties and rules provided
therein shall be applied.
(2) In other administrative proceedings, the penalty ranging from
suspension without pay for one (1) year to dismissal with forfeiture

of benefits or a fine ranging from Five thousand pesos (P5,000.00)
to twice the amount malversed, illegally taken or lost, or both at
the discretion of the Ombudsman, taking into consideration
circumstances that mitigate or aggravate the liability of the officer
or employee found guilty of the complaint or charges.
Section 26. Inquiries. (1) The Office of the Ombudsman shall
inquire into acts or omissions of a public officer, employee, office
or agency which, from the reports or complaints it has received,
the Ombudsman or his Deputies consider to be:
(a) contrary to law or regulation; (b) unreasonable, unfair,
oppressive, irregular or inconsistent with the general
course of the operations and functions of a public officer,
employee, office or agency; (c) an error in the application or
interpretation of law, rules or regulations, or a gross or palpable
error in the appreciation of facts; (d) based on improper motives or
corrupt considerations; (e) unclear or inadequately explained when
reasons should have been revealed; or (f) inefficiently performed or
otherwise objectionable.
(2) The Office of the Ombudsman shall receive complaints from
any source in whatever form concerning an official act or omission.
It shall act on the complaint immediately and if it finds the same
entirely baseless, it shall dismiss the same and inform the
complainant of such dismissal citing the reasons therefor. If it finds
a reasonable ground to investigate further, it shall first furnish the
respondent public officer or employee with a summary of the
complaint and require him to submit a written answer within
seventy-two (72) hours from receipt thereof. If the answer is found
satisfactory, it shall dismiss the case.
(3) When the complaint consists in delay or refusal to perform a
duty required by law, or when urgent action is necessary to protect
or preserve the rights of the complainant, the Office of the
Ombudsman shall take steps or measures and issue such orders
directing the officer, employee, office or agency concerned to:
(a) expedite the performance of duty; (b) cease or desist from the
performance of a prejudicial act; (c) correct the omission; (d)
explain fully the administrative act in question; or (e) take any
other steps as may be necessary under the circumstances to
protect and preserve the rights of the complainant.
(4) Any delay or refusal to comply with the referral or directive of

the Ombudsman or any of his Deputies, shall constitute a ground
for administrative disciplinary action against the officer or
employee to whom it was addressed.
Section 27. Effectivity and Finality of Decisions. All
provisionary orders of the Office of the Ombudsman are
immediately effective and executory.
A motion for reconsideration of any order, directive or decision
of the Office of the Ombudsman must be filed within five (5)
days after receipt of written notice and shall be entertained
only on any of the following grounds:
(1) New evidence has been discovered which materially affects the
order, directive or decision;
(2) Errors of law or irregularities have been committed prejudicial
to the interest of the movant.
The motion for reconsideration shall be resolved within three (3)
days from filing: Provided, That only one motion for
reconsideration shall be entertained.
Findings of fact by the Office of the Ombudsman when supported
by substantial evidence are conclusive.
Any order, directive or decision imposing the penalty of (a) public
censure or (b) reprimand, (c) suspension of not more than one (1)
months salary shall be final and unappealable.
In all administrative disciplinary cases, orders, directives, or
decisions of the Office of the Ombudsman may be appealed to
the Supreme Court by filing a petition for certiorari within
ten (10) days from receipt of the written notice of the order,
directive or decision or denial of the motion for reconsideration in
accordance with Rule 45 of the Rules of Court.
The above rules may be amended or modified by the Office of the
Ombudsman as the interest of justice may require.
Section 28. Investigation in Municipalities, Cities and
Provinces. The Office of the Ombudsman may establish offices
in municipalities, cities and provinces outside Metropolitan Manila,

under the immediate supervision of the Deputies for Luzon,
Visayas and Mindanao, where necessary as determined by the
Ombudsman. The investigation of complaints may be assigned to
the regional or sectoral deputy concerned or to a special
investigator who shall proceed in accordance with the rules or
special instructions or directives of the Office of the Ombudsman.
Pending investigation, the deputy or investigator may issue orders
and provisional remedies which are immediately executory subject
to review by the Ombudsman. Within three (3) days after
concluding the investigation, the deputy or investigator shall
transmit, together with the entire records of the case, his report
and conclusions to the Office of the Ombudsman. Within five (5)
days after receipt of said report, the Ombudsman shall render the
appropriate order, directive or decision.
Section 29. Change of Unjust Laws. If the Ombudsman
believes that a law or regulation is unfair or unjust, he shall
recommend to the President and to Congress the necessary
changes therein or the repeal thereof.
Section 30. Transmittal/Publication of Decision. In every
case where the Ombudsman has reached a decision, conclusion or
recommendation adverse to a public official or agency, he shall
transmit his decision, conclusion, recommendation or suggestion to
the head of the department, agency or instrumentality, or of the
province, city or municipality concerned for such immediate action
as may be necessary. When transmitting his adverse decision,
conclusion or recommendation, he shall, unless excused by the
agency or official affected, include the substance of any statement
the public agency or official may have made to him by way of
explaining past difficulties with or present rejection of the
Ombudsman's proposals.
Section 31. Designation of Investigators and Prosecutors.
The Ombudsman may utilize the personnel of his office and/or
designate or deputize any fiscal, state prosecutor or lawyer in the
government service to act as special investigator or prosecutor to
assist in the investigation and prosecution of certain cases. Those
designated or deputized to assist him herein provided shall be
under his supervision and control.
The Ombudsman and his investigators and prosecutors, whether
regular members of his staff or designated by him as herein
provided, shall have authority to administer oaths, to issue

subpoena and subpoena duces tecum, to summon and compel
witnesses to appear and testify under oath before them and/or
bring books, documents and other things under their control, and
to secure the attendance or presence of any absent or recalcitrant
witness through application before the Sandiganbayan or before
any inferior or superior court having jurisdiction of the place where
the witness or evidence is found.
Section 32. Rights and Duties of Witness. (1) A person
required by the Ombudsman to provide the information shall be
paid the same fees and travel allowances as are extended to
witnesses whose attendance has been required in the trial courts.
Upon request of the witness, the Ombudsman shall also furnish
him such security for his person and his family as may be
warranted by the circumstances. For this purpose, the Ombudsman
may, at its expense, call upon any police or constabulary unit to
provide the said security.
(2) A person who, with or without service or compulsory process,
provides oral or documentary information requested by the
Ombudsman shall be accorded the same privileges and immunities
as are extended to witnesses in the courts, and shall likewise be
entitled to the assistance of counsel while being questioned.
(3) If a person refuses to respond to the Ombudsman's or his
Deputy's subpoena, or refuses to be examined, or engages in
obstructive conduct, the Ombudsman or his Deputy shall issue an
order directing the person to appear before him to show cause why
he should not be punished for contempt. The contempt
proceedings shall be conducted pursuant to the provisions of the
Rules of Court.
Section 33. Duty to Render Assistance to the Office of the
Ombudsman. Any officer or employee of any department,
bureau or office, subdivision, agency or instrumentality of the
Government,
including
government-owned
or
controlled
corporations and local governments, when required by the
Ombudsman, his Deputy or the Special Prosecutor shall render
assistance to the Office of the Ombudsman.
Section 34. Annual Report. The Office of the Ombudsman
shall render an annual report of its activities and performance to
the President and to Congress to be submitted within thirty (30)

days from the start of the regular session of Congress.
Section 35. Malicious Prosecution. Any person who,
actuated by malice or gross bad faith, files a completely
unwarranted or false complaint against any government official or
employee shall be subject to a penalty of one (1) month and one
(1) day to six (6) months imprisonment and a fine not exceeding
five thousand pesos (P5,000.00).
Section 36. Penalties for Obstruction. Any person who
willfully obstructs or hinders the proper exercise of the functions of
the Office of the Ombudsman or who willfully misleads or attempts
to mislead the Ombudsman, his Deputies and the Special
Prosecutor in replying to their inquiries shall be punished by a fine
of not exceeding five thousand pesos (P5,000.00).
Section 37. Franking Privilege. All official mail matters and
telegrams of the Ombudsman addressed for delivery within the
Philippines shall be received, transmitted, and delivered free of
charge: Provided, That such mail matters when addressed to
private persons or nongovernment offices shall not exceed one
hundred and twenty (120) grams. All mail matters and telegrams
sent through government telegraph facilities containing complaints
to the Office of the Ombudsman shall be transmitted free of
charge, provided that the telegram shall contain not more than one
hundred fifty (150) words.
Section 38. Fiscal Autonomy. The Office of the Ombudsman

shall enjoy fiscal autonomy. Appropriations for the Office of the
Ombudsman may not be reduced below the amount appropriated
for the previous years and, after approval, shall be automatically
and regularly released.
Section 39. Appropriations. The appropriation for the Office
of the Special Prosecutor in the current General Appropriations Act
is hereby transferred to the Office of the Ombudsman. Thereafter,
such sums as may be necessary shall be included in the Annual
General Appropriations Act.
Section 40. Separability Clause. If any provision of this Act is
held unconstitutional, other provisions not affected thereby shall
remain valid and binding.
Section 41. Repealing Clause. All laws, presidential decrees,
letters of instructions, executive orders, rules and regulations
insofar as they are inconsistent with this Act, are hereby repealed
or amended as the case may be.
Section 42. Effectivity. This Act shall take effect after fifteen
(15) days following its publication in the Official Gazette or in three
(3) newspapers of general circulation in the Philippines.
Approved, November 17, 1989.

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08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty.

A.1 SECTION 15, RULE 110, RULES OF CRIMINAL PROCEDURE

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

Where the offense was committed; or

(b) Where an offense is committed in a train, aircraft, or other

Where such train, aircraft or other vehicle passed during

(c) Where an offense is committed on board a vessel in the course

The first port of entry; or

(d) Crimes committed outside the Philippines but punishable under

Within the Philippines;

natural or juridical person who, at the time the offense was

(1) To individual persons who commit any of the crimes

Art. 2. Application of its provisions. Except as provided in the

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any (a) coin or (b) currency

3. Should be liable for acts connected with the introduction

4. While being public officers or employees, should commit

5. Should commit any of the crimes against (a) national

B.JURISDICTION OVER THE OFFENSE CHARGED

"(1) In all civil actions in which the subject of the litigation is

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

between the same or different parties, embodied in the same

"(2) Exclusive original jurisdiction over all offenses punishable with

"(3) Exclusive original jurisdiction in all civil actions which involve

Section 3. Section 33 of the same law is hereby amended to read

Section 4. Section 34 of the same law is hereby amended to read

"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial

"Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration

"(1) Exclusive original jurisdiction over civil actions and probate

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

WHEREAS, the New Constitution declares that a public office is a

F. CREATION OF THE SANDIGANBAYAN

"SANDIGANBAYAN" AND FOR OTHER PURPOSES

The Presiding Judge shall be so designated in his commission and

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

(a) Violations of RA 3019, as amended (the Anti-Graft and Corrupt

Provided, that, in case private individuals are accused as

(d) Civil suits brought in connection with the aforementioned

Restitution or reparation of damages;

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

Decisions and final orders en banc shall be subject to review

Any party may file a petition for reconsideration of any order or

Sandiganbayan as herein provided, the trial of which had not yet

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

and subordinate personnel as may be deemed necessary therefor

"The Sandiganbayan may, upon proper, request of the Chief

To conduct preliminary investigations of all complaints filed

Provided, that the Secretary of Justice may designate any

Section 14. Report to the President. The Sandiganbayan shall

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

be diminished during their continuance in office. They shall have

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado

Original and exclusive, if the offense charged is

In case private individuals are charged as

Provided, however, that, in cases within the exclusive

Otherwise, the criminal action may no longer be filed with

Provided, further, that, in cases within the concurrent

08 CrimPro Applicable Laws Compiled. By Jeli Magtagnob. Atty. Salvado