MALACAANG

M a n i l a
PRESIDENTIAL DECREE No. 1606 December 10, 1978
REVISING PRESIDENTIAL DECREE NO. 186 CREATING A SPECIAL CO!RT TO "E #NO$N
AS %SANDIGAN"A&AN% AND 'OR OT(ER P!RPOSES
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 re!uired of public officers and employees,
Section ", Article #$$$ of the %ew Constitution provides for the creation of a special court to be &nown
as Sandiganbayan
%'W, (HERE)'RE, $, )ER*$%A%* E+ MARC'S, ,resident of the ,hilippines, by virtue of the
powers in me vested by the Constitution, do hereby order and decree as follows-
Sec)*o+ 1. Sandiganbayan; composition; qualifications; tenure; removal and composition. A special
court, of the same level as the Court of Appeals and possessing all the inherent powers of a court of
.ustice, to be &nown as the Sandiganbayan is hereby created composed of a ,residing /ustice and
eight Associate /ustices who shall be appointed by the ,resident+
%o person shall be appointed ,residing /ustice or Associate /ustice of the Sandiganbayan unless
he is a natural0born citi1en of the ,hilippines, at least 23 years of age and for at least ten years has
been a .udge of a court of record or been engaged in the practice of law in the ,hilippines or has
held office re!uiring admission to the bar as a pre0re!uisite for a li&e period+
(he ,residing /ustice shall be so designated in his commission and the other /ustices shall have
precedence according to the dates of their respective commissions, or, when the commissions of
two or more of them shall bear the same date, according to the order in which their commissions
have been issued by the ,resident+
(he ,residing /ustice and the Associate /ustices shall not be removed from office e4cept on
impeachment upon the grounds and in the manner provided for in Sections 5, 6 and 2 of Article #$$$
of the 7896 Constitution+
(he ,residing /ustice shall receive an annual compensation of ,:3,333+33 and each Associate
/ustice ,"",333+33 which shall not be diminished during their continuance in office+ (hey shall have
the same ran&, privileges and other emoluments, be sub.ect to the same inhibitions and
dis!ualifications, and en.oy the same retirement and other benefits as those provided for under
e4isting laws of the ,residing /ustice and Associate /ustices of the Court of Appeals+
Whenever the salaries of the ,residing /ustice and the Associate /ustices of the Court of Appeals
are increased, such increases in salaries shall be correspondingly e4tended to and en.oyed by the
,residing /ustice and the Associate /ustices of the Sandiganbayan+
(hey shall hold office until they reach the age of :" years or become incapacitated to discharge the
duties of their office+
Sec)*o+ ,. Official Station; Place of Holding Sessions. (he 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 ,rovided, however, that the
,residing /ustice may authori1e 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 e4isting .udicial
districts+ Whenever necessary, the Sandiganbayan may re!uire the services of the personnel and
the use of the facilities of any agency of the ;overnment, 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 sub.ect to the orders of the Sandiganbayan+
Sec)*o+ -. Divisions of the Courts; Quorum. (he Sandiganbayan shall sit in three divisions of three
/ustices each+ (he three divisions may sit at the same time+
(hree /ustices shall constitute a !uorum for session in division ,rovided, that when the re!uired
!uorum cannot be had due to the legal dis!ualification or temporary disability of a /ustice or of a
vacancy occurring therein, the ,resident shall, upon recommendation of the ,residing /ustice,
designate any /ustice of the Court of Appeals or /udge of the Court of )irst $nstance or of the Circuit
Criminal Court of the .udicial district concerned to sit temporarily therein+
Sec)*o+ . urisdiction. (he Sandiganbayan shall have .urisdiction over-
<a= >iolations of Republic Act %o+ 6378, as amended, otherwise, &nown as the Anti0;raft and
Corrupt ,ractices Act, and Republic Act %o+ 7698
<b= Crimes committed by public officers and employees including those employed in
government0owned or controlled corporations, embraced in (itle >$$ of the Revised ,enal
Code, whether simple or comple4ed with other crimes and
<c= 'ther crimes or offenses committed by public officers or employees, including those
employed in government0owned or controlled corporations, in relation to their office+
(he .urisdiction herein conferred shall be original and e4clusive if the offense charged is punishable
by a penalty higher than prision correccional, or its e!uivalent, e4cept as herein provided in other
offenses, it shall be concurrent with the regular courts+
$n case private individuals are charged as co0principals, accomplices or accessories with the public
officers or employees including those employed in government0owned or controlled corporations,
they shall be tried .ointly with said public officers and employees+
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 .ointly 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 action shall be recogni1ed ,rovided,
however, that, in cases within the e4clusive .urisdiction of the Sandiganbayan, where the civil action
had therefore been filed separately with a regular court but .udgment therein has not yet been
rendered and the criminal case is hereafter filed with the Sandiganbayan, said civil action shall be
transferred to the Sandiganbayan for consolidation and .oint determination with the criminal action,
otherwise, the criminal action may no longer be filed with the Sandiganbayan, its e4clusive
.urisdiction over the same notwithstanding, but may be filed and prosecuted only in the regular
courts of competent .urisdiction ,rovided, further, that, in cases within the concurrent .urisdiction 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 .urisdiction+
E4cepted from the foregoing provisions, during martial law, are criminal cases against officers and
members of the armed forces in the active service+
Sec)*o+ .. Proceedings! ho" conducted; votes required. (he unanimous vote of the three .ustices in
a division shall be necessary for the pronouncement of a .udgment+ $n the event that the three
.ustices do not reach a unanimous vote, the ,residing /udge shall designate two other .ustices from
among the members of the Court to sit temporarily with them, forming a division of five .ustices, and
the concurrence of a ma.ority of such division shall be necessary for rendering .udgment+
Sec)*o+ 6. #a$imum 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 .udgment shall be
rendered within three <6= months from the date the case was submitted for decision+
Sec)*o+ 7. %orm! finality and enforcement of decisions. *ecisions 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 <7"= days from
promulgation or notice of the final order or .udgment, and such petition for reconsideration shall be
decided within thirty <63= days from submission thereon+
*ecisions and final orders shall be sub.ect to review on certiorari by the Supreme Court in
accordance with Rule 2" of the Rules of Court+ (he 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 .udgment, as law and .ustice
shall dictate+
)inal .udgments and orders of the Sandiganbayan shall be e4ecuted and enforced in the manner
provided by law+
Sec)*o+ 8. &ransfer of cases. As of the date of the effectivity of this decree, any case cogni1able by
the Sandiganbayan within its e4clusive .urisdiction where none of the accused has been arraigned
shall be transferred to the Sandiganbayan+
Sec)*o+ 9. 'ule(ma)ing Po"er. (he Sandiganbayan shall have the power to promulgate its own
rules of procedure and, pending such promulgation, the Rules of Court shall govern its proceedings+
Sec)*o+ 10. *uthority over internal affairs. (he 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 .ustices and other matters relating to its business+
Sec)*o+ 11. Proceeding free of charge. All proceedings in the Sandiganbayan shall be conducted at
no cost to the complainant and?or his witnesses+
%o criminal information or complaint shall be entertained by the Sandiganbayan e4cept upon a
certification by the $nvestigating ,rosecutor of the e4istence of a prima facie case to be determined
after a preliminary investigation conducted in accordance with applicable laws and approved by the
Chief Special ,rosecutor+
Sec)*o+ 1,. *dministrative personnel. (he Sandiganbayan shall reelect and appoint such personnel
as it may deem necessary to discharge its functions under this *ecree including a Cler& of Court and
three <6= *eputy Cler&s of Court who shall be members of the @ar+
(he Cler& of Court shall have an annual compensation of ,6:,333+33 and the *eputy Cler&s of
Court, ,63,333+33+
All other subordinate employees of the Sandiganbayan shall be governed by the provisions of the
Civil Service Aaw ,rovided, that the Sandiganbayan may, by resolution en banc, remove any of
them for cause+
Sec)*o+ 1-. 'eport to the President. (he Sandiganbayan shall submit an annual report to the
,resident, including all disbursements of funds entrusted to it, within two months from the end of the
)iscal Bear+
Sec)*o+ 1. %unding. (here is hereby immediately appropriated the sum of )ive Million ,esos
<,",333+33= out of any funds in the %ational (reasury to carry out the provisions of this *ecree and
thereafter to be included in the general appropriations act+ (he appropriations for the
Sandiganbayan shall be automatically released in accordance with a schedule submitted by the
Sandiganbayan+
Sec)*o+ 1.. Separability of Provisions. $f for any reason, any section or provision of this *ecree is
declared to be unconstitutional or invalid, other sections or provisions thereof which are not affected
thereby, shall continue in full force and effect+
Sec)*o+ 16. 'epealing Clause. (his *ecree hereby repeals ,residential *ecree %o+ 72C: and all
other provisions of law, ;eneral 'rders, ,residential *ecrees, Aetters of $nstructions, rules or
regulations inconsistent herewith+
Sec)*o+ 17. +ffectivity. (his *ecree shall ta&e effect immediately+
*one in the City of Manila, this 73th day of *ecember, in the year of 'ur Aord, nineteen hundred and
seventy0eight+
R!LES O' T(E SANDIGAN"A&AN
,ursuant to the provisions of Section " of Article #$$$ of the Constitution of the ,hilippines, as
implemented by ,residential *ecree %o+ 7:3:, the Sandiganbayan hereby adopts and promulgates
the following rules to govern the conduct of its business+
R!LE I
TITLE AND CONSTR!CTION
Sec)*o+ 1. &itle of the 'ules. (hese Rules shall be &nown and cited as the Rules of the
Sandiganbayan+
Sec)*o+ ,. Construction. (hese Rules shall be liberally construed in order to promote their ob.ectives
and to achieve a .ust, e4peditious and ine4pensive determination of every action and proceeding
before the Sandiganbayan+
R!LE II
CONTROL O' '!NCTIONS AND S!CCESSION
Sec)*o+ 1. +$clusive Control. E4cept as otherwise provided by the Constitution and ,residential
*ecree %o+ 7:3:, the Sandiganbayan shall have e4clusive control, direction and supervision of all
matters pertaining to its internal affairs and the operation of its business+
Sec)*o+ ,. Succession in the Office of the Presiding ustice. $n case of vacancy in the position of
,residing /ustice of the Sandiganbayan or his temporary incapacity to e4ercise the powers and
perform the duties of his office, the same shall devolve upon the !ualified most senior Associate
/ustices until such incapacity is removed or another ,residing /ustice is appointed and has duly
!ualified+
R!LE III
COMPOSITION O' DIVISIONS
Sec)*o+ 1. Ho" Divisions Constituted. (he Sandiganbayan shall consist of three divisions which
shall be &nown as the )irst *ivision, Second *ivision, and (hird *ivision, and shall each be
composed of ,residing /ustice and the first two Associate /ustices in the order of precedence as the
respective Chairmen the ne4t three Associate /ustices in the order of precedence as the respective
senior members and the last three Associate /ustices in the order of precedence as the respective
.unior members+ However, until the entire complement of the Sandiganbayan shall have been
appointed and !ualified, the ,residing .ustice and the two Associate /ustices first appointed and
!ualified shall constitute the )irst *ivision+
Sec)*o+ ,. ,acancy; Ho" %illed. $n case of any vacancy in the composition of a division, whether
permanent or temporary, the ,residing /ustice may designate an Associate /ustice 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 pre.udiced thereby, in which case, the procedure provided in Section 6, Rule >$$$ of
these Rules shall apply+
R!LE IV
'ILING O' CASES
Sec)*o+ 1. Proceedings %ree of Charge. All proceedings in the Sandiganbayan be conducted at no
cost to the complainant and?or his witnesses+
Sec)*o+ ,. Preliminary -nvestigation .ecessary. %o criminal information or complaint shall be
entertained by the Sandiganbayan e4cept upon a certification by the investigating ,rosecutor of the
e4istence of a prima facie case to be determined after a preliminary investigation conducted in
accordance with applicable laws and approved by the Chief Special ,rosecutor+
Sec)*o+ -. /here Cases %iled. All cases to be filed with the Sandiganbayan shall be filed with the
'ffice of the Cler& of Court of the Sandiganbayan which shall be open for the purpose of receiving
complaints, information, motions and the li&e from eight to twelve oDcloc& in the morning and twelve
thirty to four0thirty oDcloc& in the afternoon, on Mondays to )ridays, e4cept on public or special
holidays+
R!LE V
DISTRI"!TION AND CONSOLIDATION O' CASES
Sec)*o+ 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 ,residing /ustice and the two most senior Associate /ustices available, on such days as may
hereafter be fi4ed by the ,residing /ustice 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+
Sec)*o+ ,. Consolidation of Cases. Cases arising from the same incident on series of incidents, or
involving common !uestions 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 ta&ing cogni1ance 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+ $n 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+
Sec)*o+ -. *ssignment 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 ad.udication by any and all of the /ustices who are members of the division aforesaid at the time
said matters are ta&en up, irrespective of whether they were or were not members of the division at
the time the case was first assigned thereto- ,rovided, however, (hat only /ustices who are
members of the division at the time a case is submitted for decision shall ta&e part in the
consideration and ad.udication of said case, unless any such member thereafter ceases to be a
member of the Sandiganbayan for any reason whatsoever in which case any /ustice chosen to fill
the vacancy in accordance with the manner provided in Section 5, Rule $$$, of these Rules shall
participate in the consideration and ad.udication of said case ,rovided, lastly, that the
Sandiganbayan en banc may, for special or compelling reasons, transfer cases from one division
thereof to another+
R!LE VI
PROCESSES
,rocesses and writs of the Sandiganbayan which by their nature or by provision of e4isting laws or
the Rules of Court are to be issued under the signature of a /udge or a /ustice shall be signed by
the Chairman of the division concerned- ,rovided, (hat 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 ,residing
/ustice+ $n the absence of the ,residing /ustice or the Chairman aforesaid, the process or writ shall
be signed by the senior Associate /ustice in the Sandiganbayan or in the divisions concerned,
respectively+ All other processes or writs issued upon authority of the Sandiganbayan or a division
thereof shall be signed by the Cler& of Court or, in his absence, by the *eputy Cler& of Court of the
division concerned+
R!LE VII
"AIL
Sec)*o+ 1. Ho" *mount %i$ed; *pproval. (he amount of bail to be posted in cases in the
Sandiganbayan shall be fi4ed by the Chairman of the division thereof to which they are assigned
and such bail may be approved by any /ustice of the Sandiganbayan, but preferably by a /ustice of
the division concerned- ,rovided, however, (hat where the accused is arrested, detained or
otherwise placed in custody outside the Metropolitan Manila area, any .udge of the Court of )irst
$nstance 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+
Sec)*o+ ,. Condition of the 0ail. (he 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 e4ecution of such
.udgment 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+
R!LE VIII
SESSIONS AND TRIAL
Sec)*o+ 1. Ho" Sessions Held. (he Sandiganbayan shall for administrative purposes, sit en banc
and, for the trial and determination of cases, sit in three divisions of three /ustices each+ (he three
divisions may sit at the same time+
Sec)*o+ ,. Presiding Officer. Sessions of the Sandiganbayan en banc shall be presided by the
,residing /ustice whereas sessions in division shall be presided by the respective Chairman of
each division+ $n the absence of the ,residing /ustice or the Chairman of a division, as the case may
be, the Associate /ustice attending the session en banc or in division who is first in the order of
precedence and able to preside, shall do so+
Sec)*o+ -. Quorum. )ive /ustices shall constitute a !uorum for sessions en banc, and three /ustices
for sessions in division- ,rovided, (hat when a !uorum and?or the votes re!uired 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 dis!ualification or temporary disability of a /ustice or of a vacancy occurring
therein, the ,resident shall, upon recommendation of the ,residing /ustice, designate any /ustice of
the Court of Appeals, /udge of the Court of )irst $nstance or of the Circuit Criminal Court to sit
temporarily therein+
Sec)*o+ . 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-
,rovided, however, (hat the ,residing /ustice may authori1e 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+ )or this purpose and whenever necessary, the Sandiganbayan may re!uire
the services of the personnel and the use of the facilities of any agency of the ;overnment, national
or local, including the Courts of )irst $nstance 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
sub.ect to the orders of the Sandiganbayan+
Sec)*o+ .. &ime of Holding Sessions. Sessions of the Sandiganbayan en banc may be called at any
time by the ,residing /ustice or at the instance at least five Associate /ustices+ Sessions for the trial
of cases cogni1able 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, fi4+
Sec)*o+ 6. Pre(trial -nquest. After the arraignment of an accused who pleads not guilty, the division
concerned shall, without pre.udice 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 /ustices thereof for a
conference to consider
<a= Admissions of facts about which there can be no dispute
<b= Mar&ing for identification of documentary or real evidence of the parties
<c= Waiver of ob.ections to admissibility of evidence
<d= ,rocedure on ob.ections where there are multiple counsel
<e= 'rder of presentation of evidence and arguments where there are multiple accused
<f= 'rder of cross0e4amination where there are multiple accused and
<g= Such other matter as will promote a fair and e4peditious termination of the trial+
After the pre0trial in!uest, a pre0trial order shall be issued by the Associate /ustice presiding the
conference reciting the actions and?or proceedings ta&en thereat, the admissions of facts made, the
documents and real evidence mar&ed, and the agreement entered into by the parties as to any of
the matters ta&en 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 blind the parties and control the
course of the action during the trial, on appeal, and in post0conviction proceedings, unless modified
by the division concerned before trial to prevent manifest in.ustice+
R!LE I/
MOTIONS
Sec)*o+ 1. #otion Day. (he first hours of the morning session of the divisions every )riday shall be
devoted to the hearing of motions, unless, upon motion of an interested party and for special
reasons, the division concerned shall fi4 another day for the hearing of any particular motion+
Sec)*o+ ,. 'esolution on -nterlocutory or -ncidental #otions. Rulings on all written motions
submitted to the Sandiganbayan or any division thereof for resolution shall be reached in
consultation among the /ustices participating in the consideration thereof- ,rovided, however, (hat
rulings on oral motions or on ob.ections made in the course of the trial or hearing shall be handed
down by the Chairman of the division concerned+
R!LE /
0!DGMENT
Sec)*o+ 1. ,otes .ecessary to Decide. (he unanimous vote of three /ustices in a division shall be
necessary for the rendition of a .udgment or order+ $n the event that the three /ustices do not reach a
unanimous vote, the ,residing /ustice shall designated by raffle two /ustices from among the other
members of the Sandiganbayan to sit temporarily with them forming a special division of five
/ustices, and the vote of a ma.ority of such special division shall be necessary for the rendition of a
.udgment or order+
Sec)*o+ ,. Procedure in Deciding Cases. (he conclusions of a division of the Sandiganbayan in any
case submitted to it for decision shall be reached in consultation before the case is assigned to a
/ustice for the writing of the opinion of the division+ Any /ustice dissenting from a .udgment shall
state the reasons for his dissent+
Sec)*o+ -. #a$imum Period to Decide Cases. (he .udgment or final order of a division of the
Sandiganbayan shall be rendered within three <6= months from the date the case was submitted for
decision+
Sec)*o+ . )orm of .udgment 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+
R!LE /I
PROM!LGATION O' 0!DGMENT
A .udgment of a division of the Sandiganbayan shall be promulgated by reading the .udgment or
sentence in the presence of the accused and any /ustice of the division which rendered the same-
,rovided, (hat, 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 .udgment may, upon delegation by the division concerned be promulgated by any
.udge of the Court of )irst $nstance or Circuit Criminal Court having .urisdiction over the place of
confinement or detention, in which event the Court so promulgating the .udgment shall have
authority to accept and approve the appeal bond+
R!LE /II
PETITION 'OR RECONSIDERATION
Within fifteen <7"= days from the promulgation or notice of a .udgment or final order of a division of
the Sandiganbayan, unless said .udgment or order had in the meantime otherwise attained finality, a
petition for the reconsideration thereof may be filed upon the grounds, in the form and sub.ect to the
re!uirements, for motions for new trial in criminal cases under Rule 757 of the Rules of Court, and
such petition for reconsideration shall be decided within thirty <63 days from submission thereof+
R!LE /III
REVIE$ O' 0!DGMENTS AND 'INAL ORDERS
Sec)*o+ 1. #ethod of 'evie". A party may appeal from a .udgment or final order of a division of the
Sandiganbayan by filing with the Supreme Court a petition for certiorari in accordance with Rule 2"
of Rules of Court and 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
.udgment, as law and .ustice shall dictate+
Sec)*o+ ,. 0ail Pending *ppeal. An accused who has been released on bail shall not committed to
.ail upon conviction pending the e4piration of the period for appeal or pending an appeal seasonably
ta&en, e4cept when the penalty imposed is reclusion perpetua or death, in which case, the accused
may forthwith be committed to .ail after promulgation of the sentence+ (he 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+ (he surely shall also be responsible for the surrender or the accused after .udgment shall
have become final+
R!LE /IV
P!"LICATION O' DECISIONS
With the consent of the respective writers thereof, the decisions of the Sandiganbayan may be
published in the 'fficial ;a1ette in the language in which they have been originally written+ (he
syllabi for the decisions shall be prepared by the Cler& of Court in consultation with writers thereof+
R!LE /V
APPLICA"ILIT& O' T(E R!LES O' CO!RT
E4cept 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+
R!LE /VI
SEAL O' T(E SANDIGAN"A&AN
(he seal of the Sandiganbayan shall be of standard si1e, 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 ESandiganbayanE and on the lower margin of the words ERepubli&a ng ,ilipinasE with 7:
stars, representing the e4isting 7: .udicial 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 EFA(A,A(A%E
on the right side, EFA,A%A;G(A%E on the left side, and EFARA%;AAA%E on the base a star in
each corner of the triangle representing Au1on, >isayas and Mindanao and a bolo inside the triangle
on which is superimposed a balance+
R!LE /VII
SEPARA"ILIT& CLA!SE
$f, for any reason, any section or provision of these Rules shall be held to be unconstitutional or
invalid, no other section or provision thereof shall be effected thereby+
R!LE /VIII
E''ECTIVIT&
(he Rules shall ta&e effect upon approval+
*one in the City of Manila, this 73th day of /anuary, in the year of 'ur Aord, nineteen hundred and
seventy0nine+
Re12b3*c o4 )5e P5*3*11*+e6
Co+7re66 o4 )5e P5*3*11*+e6
Metro Manila
Te+)5 Co+7re66
@egun and held in Metro Manila, on Monday, the twenty0third day of /uly, two thousand seven+
Re12b3*c Ac) No. 8,9 'ebr28r9 ., 1997
AN ACT '!RT(ER DE'INING T(E 0!RISDICTION O' T(E SANDIGAN"A&AN, AMENDING
'OR T(E P!RPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, PROVIDING '!NDS
T(ERE'OR, AND 'OR OT(ER P!RPOSES
0e it enacted by the Senate and House of 'epresentatives of the Philippines in Congress
assembled1-
Sec)*o+ 1. (he first paragraph of Section 7 of ,residential *ecree %o+ 7:3:, as amended, is hereby
further amended to read as follows-
ESEC($'% 7+ Sandiganbayan Composition, Hualifications (enure Removal and
Compensation+ 0 A special court, of the same level as the Court of Appeals and possessing
all the inherent powers of a court of.ustice, to be &nown as the Sandiganbayan is hereby
created composed of a presiding .ustice and fourteen associate .ustices who shall be
appointed by the ,resident+E
Sec)*o+ ,. Section 5 of the same decree is hereby further amended to read as follows-
ESEC($'% 5+ 'fficial Station ,lace of Holding Sessions+ 0 (he 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- ,rovided, however, (hat cases originating from the
principal geographical regions of the country, that is, from Au1on, >isayas or Mindanao, shall
be heard in their respective regions of origin e4cept only when the greater convenience of
the accused and of the witnesses, or other compelling considerations re!uire the contrary, in
which instance a case originating from one geographical region may be heard in another
geographical region- ,rovided, further, (hat for this purpose the presiding .ustice shall
authori1e any divisions of the court to hold sessions at any time and place outside Metro
Manila and, where the interest of .ustice so re!uires, outside the territorial boundaries of the
,hilippines+ (he Sandiganbayan may re!uire 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 sub.ect to the orders of the
Sandiganbayan+E
Sec)*o+ -. (he second paragraph of Section 6 of the same decree is hereby deleted+
Sec)*o+ . Section 2 of the same decree is hereby further amended to read as follows-
Ea+ >iolations of Republic Act %o+ 6378, as amended, otherwise &nown as the Anti0graft and
Corrupt ,ractices Act, Republic Act %o+ 7698, and Chapter $$, Section 5, (itle >$$, @oo& $$ of
the Revised ,enal Code, 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-
E<7= 'fficials of the e4ecutive branch occupying the positions of regional director and
higher, otherwise classified as ;rade D59D and higher, of the Compensation and
,osition Classification Act of 78C8 <Republic Act %o+ :9"C=, specifically including-
E<a= ,rovincial governors, vice0governors, members of the sangguniang
panlalawigan and provincial treasurers, assessors, engineers and other
provincial department heads
E<b= City mayors, vice0mayors, members of the sangguniang panlungsod, city
treasurers, assessors engineers and other city department heads
E<c= 'fficials of the diplomatic service occupying the position of consul and
higher
E<d= ,hilippine army and air force colonels, naval captains, and all officers of
higher ran&
E<e= 'fficers of the ,hilippine %ational ,olice while occupying the position of
provincial director and those holding the ran& of senior superintendent or
higher
E<f= City and provincial prosecutors and their assistants, and officials and
prosecutors in the 'ffice of the 'mbudsman and special prosecutor
E<g= ,residents, directors or trustees, or managers of government0owned or
0controlled corporations, state universities or educational institutions or
foundations
E<5= Members of Congress and officials thereof classified as ;radeD59Dand up under
the Compensation and ,osition Classification Act of 78C8
E<6= Members of the .udiciary without pre.udice to the provisions of the Constitution
E<2= Chairmen and members of Constitutional Commissions, without pre.udice to the
provisions of the Constitution and
E<"= All other national and local officials classified as ;radeD59Dand higher under the
Compensation and ,osition Classification Act of 78C8+
Eb+ 'ther offenses orfelonies whether simple or comple4ed with other crimes committed by
the public officials and employees mentioned in subsection a of this section in relation to
their office+
Ec+ Civil and criminal cases filed pursuant to and in connection with E4ecutive 'rder %os+ 7,
5, 72 and 720A, issued in 78C:+
E$n cases where none of the accused are occupying positions corresponding to salary grade
D59D or higher, as prescribed in the said Republic Act %o+ :9"C, or military or ,%, officers
mentioned above, e4clusive original .urisdiction thereof shall be vested in the proper regional
trial court, metropolitan trial court, municipal trial court and municipal circuit trial court D as the
case may be, pursuant to their respective .urisdiction as provided in @atas ,ambansa @lg+
758, as amended+
E(he Sandiganbayan shall e4ercise e4clusive appellate .urisdiction over final .udgments,
resolutions or orders or regional trial courts whether in the e4ercise of their own original
.urisdiction orof their appellate .urisdiction as herein provided+
E(he Sandiganbayan shall have e4clusive original .urisdiction over petitions for the issuance
of the writs of mandamus, prohibition, certiorari, habeas corpus, in.unctions, and other
ancillary writs and processes in aid of its appellate .urisdiction and over petitions of similar
nature, including !uo warranto, arising or that may arise in cases filed or which may be filed
under E4ecutive 'rder %os+ 7,5,72 and 720A, issued in 78C:- ,rovided, (hat the .urisdiction
over these petitions shall not be e4clusive of the Supreme Court+
(he procedure prescribed in @atas ,ambansa @lg+ 758, 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+ $n all cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the 'ffice of the 'mbudsman, through its special
prosecutor, shall represent the ,eople of the ,hilippines, e4cept in cases filed pursuant to
E4ecutive 'rder %os+ 7, 5, 72 and 720A, issued in 78C:+
E$n case private individuals are charged as co0principals, accomplices or accessories with
the public officers or employees, including those employed in govemment0owned or
controlled corporations, they shall be tried .ointly with said public officers and employees in
the proper courts which shall e4ercise e4clusive .urisdiction over them+
EAny provisions of law or Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability shall at all times be
simultaneously instituted with, and .ointly 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 recogni1ed- ,rovided, however, (hat
where the civil action had therefore been filed separately but .udgment 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 .oint determination with the
criminal action, otherwise the separate civil action shall be deemed abandoned+E
Sec)*o+ .. Section 9 of the same decree is hereby further amended to read as follows-
DSEC($'% 9+ )orm, )inality and Enforcement of *ecisions+ 0 All decisions and final orders
determining the merits of a case or finally disposing of the action or proceedings of the
Sandi.anbayan shall contain complete findings of the facts and the law on which they are
based, on all issues properly raised before it and necessary in deciding the case+
EA petition for reconsideration of any final order or decision may be filed within fifteen <7"=
days from promulgation or notice of the final order on .udgment, and such motion for
reconsideration shall be decided within thirty <63= days from submission thereon+
E*ecisions and final orders ofthe Sandiganbyan shall be appealable to the Supreme Court by
petition for review on certiorari raising pure !uestions of law in accordance with Rule 2" of
the Rules of Court+ Whenever, in any case decided by the Sandiganbayan, the penalty of
reclusion perpetua, life imprisonment or death is imposed, the decision shall be appealable
to the Supreme Court in the manner prescribed in the Rules of Court+
E/udgments and orders of the Sandiganbayan shall be e4ecuted and enforced in the manner
provided by law+
E*ecisions and final orders of other courts in cases cogni1able by said courts under this
decree as well as those rendered by them in the e4ercise of their appellate .urisdiction shall
be appealable to, or be reviewable by, the Sandiganbayan in the manner provided by Rule
755 of the Rules of the Court+
E$n case, however, the imposed penalty by the Sandiganbayan or the regional trial court in
the proper e4ercise of their respective .urisdictions, is death, review by the Supreme Court
shall be automatic, whether or not accused files an appeal+E
Sec)*o+ 6. Appropriations. 0 (he amount necessary to carry out the initial implementation of this
Act shall be charged against the current fiscal year appropriations of the Sandiganbayan+ (hereafter,
such sums as may be needed for its continued implementation shall be included in the annual
;eneral Appropriations Act+
Sec)*o+ 7. Transitory Provision. 0 (his Act shall apply to all cases pending in any court over which
trial has not begun as of the approval hereof
Sec)*o+ 8. Separability of Provisions. 0 $f 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+
Sec)*o+ 9. Repealing Clause. 0 All acts, decrees, general orders and circulars, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly+
Sec)*o+ 10. Effectivity. 0 (his Act shall ta&e effect fifteen <7"= days after its complete publication in
at least two <5= newspapers of general circulation+
Approved-
<Sgd+= ERNESTO M. MACEDA
,resident of the Senate
<Sgd+= 0OSE DE VENECIA, 0R.
Spea&er of the House of
Representatives
(his Act which is a consolidation of House @ill %o+ "656 and Senate @ill %o+ C22 was finally passed
by the House of Representatives and the Senate on /anuary 5C,7889 and /anuary 58, 7889,
respectively+
<Sgd+= LOREN:O E. LE&NES, 0R. <Sgd+= RO"ERTO P. NA:ARENO
Secretary of Senate Secretary ;eneral
House of Represenatives
Approved- 'ebr28r9 ., 1997
<Sgd+= 'IDEL V. RAMOS
President of the Philippines