Article 76p. 76

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

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

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 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 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. (as amended by

PD Nos 1860, 1861, RA Nos 7975, 8249, 10660)

Section 5. Proceedings, how conducted; decision by

majority vote. All three (3) members of a division shall

deliberate

on all matters submitted for judgment,

decision, final order, or resolution.

The concurrence of a majority of the members of a

division shall be necessary to render a judgment,

decision, or final order, or to resolve interlocutory or

incidental motions. (as amended by RA No 10660)

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.

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 on judgment,

and such motion for reconsideration shall be decided

within thirty (30) days from submission thereon.

Decisions and final orders ofthe 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 accused files an appeal. (as amended by RA Nos

7975, 8249)

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.

Section 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. (as amended by RA No 7975)

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. (as repealed by RA No 7975)

Section 11. Proceeding free of charge. All proceedings

in the Sandiganbayan shall be conducted at no cost to

the complainant and/or his witnesses.

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. (as repealed by PD No 1629)

Section

12.

Administrative

personnel.

The

Sandiganbayan

shall

reelect

and

appoint

such

personnel as it may deem necessary to 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.

The Clerk of Court shall have an annual compensation

of

P36,000.00

and

the

Deputy

Clerks

of

Court,

P30,000.00.

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

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 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

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.

Section 17. Effectivity. This Decree shall take effect

immediately.

© Compiled By RGL

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