Article 75p. 75

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

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 the court to hold

sessions and decide cases 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 session, and the personnel of such

courts or offices shall be subject to the orders of the

Sandiganbayan. (as amended by EO No 101, s. of 1986)

Section 3. Constitution of the Divisions; Quorum. The

Sandiganbayan shall sit in seven (7) divisions of three (3)

members each.

Two (2) members 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 incapacity of a

member or a vacancy therein, the Presiding Justice

may designate a member of another division 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. (as amended by EO

No 184, s. of 1987; RA Nos 7975, 8249, 10660)

Section

4.

Jurisdiction.

The

Sandiganbayan

shall

exercise

exclusive

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, Book II of the Revised Penal 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:

(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) Officers of the Philippine National Police while

occupying the position of provincial director and those

holding the rank of senior superintendent and higher;

(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

government-owned or controlled corporations, state

universities or educational institutions or foundations.

(2) Members of Congress and officials thereof classified

as Grade ’27’ and higher 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

the

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 Executive Order Nos. 1, 2, 14 and 14-A,

issued in 1986.

Provided, That the Regional Trial Court shall have

exclusive original jurisdiction where the information: (a)

does not allege any damage to the government or any

bribery; or (b) alleges damage to the government or

bribery

arising

from

the

same

or

closely

related

transactions or acts in an amount not exceeding One

million pesos (P1,000,000.00).

Subject to the rules promulgated by the Supreme

Court, the cases falling under the jurisdiction of the

Regional Trial Court under this section shall be tried in a

judicial region other than where the official holds office.

In cases where none of the accused are occupying

positions corresponding to Salary Grade ’27’ or higher,

as prescribed in the said Republic Act No. 6758, or

military and 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 jurisdictions as

provided in Batas Pambansa Blg. 129, as amended.

The Sandiganbayan shall exercise exclusive appellate

jurisdiction over final judgments, resolutions or orders

of 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

mandamus,

prohibition,

certiorari,

habeas

corpus,

injunctions, and other ancillary writs and processes in

aid of its appellate jurisdiction and over petitions of

similar nature, including quo warranto, arising or that

may arise in cases filed or which may be filed under

Executive Order Nos. 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 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

© Compiled By RGL

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