SIXTEENTH CONGRESS or THE 
REPUBLIC or THE PHILIPPINES 
First Regular Session 
') 
) 
) 
§;f11ll1 e 
(#Jfh~f of tile ~'t tl'l:~q! 
'14 
FEB 24 P 3 :3B 
• 
2 
3 
SENATE 
s.No.~J38 
(In substitution of Senate Bill Nos. 470 and 472) 
Prepared by the Committee on Justice and Human Rights with Senators Drilon, 
Guingona and Pimentel as authors thereof 
AN ACT 
FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, 
AS AMENDED 
Be if enacted by the Senate and the House of Representatives of the Philippil1es in 
Congress assembled: 
SECTION 1. Section 3 of Presidential Decree No. 1606, as amended, is hereby 
further amended to read as follows: 
4 
"Sec. 3. CONSTITUT10N OF THE DivisionS [of the Courts]; Quorum. - The 
5 
Sanrliganl!llyan shall sit in five (5) divisions of three justices each. [The five (5) 
6 
may sit at the same time.] 
7 
8 
[Three] TWO' (2) justicesshall·constitute· a quorum for sessions in divisions: 
9 
Provided, That when the required qU8rum for the particular division cannot be . 
10 
had due to the legal disqualification or temporary [disability] INCAPACITY of 
II 
a [Justice] MEMBER or [of] a vacancy [occurring] therein, the Presiding Justice 
12 
may designate [an Associate J)lstice of the Court] A MEMBER OF ANOTHER 
13 
DIVISION to be determined by strict rotation on the basis of the reverse order 
. 
14' 
of precedence, to sit as a special member of said division with all the rights and 
• 
15 
prerogatives of a regular member of said division in the trial and determination 
' 
16 
of a case or cases assigned thereto L unless the operation of the court will be 
17 
prejudiced 
thereby, 
in 
which 
case, 
the 
President shall, 
upon the 
• 


2 
3 
4 
5 
6 
7 
• 8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
?" 
_0 
24 
25 
26 
27 
28 
29 
30 
31 
32 
, 
00 
OJ 
34 
35 
• 
• 
recommenda~ion 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 amended to read as 
follows: 
"Sec. 4. Jurisdiction. - The Srmdignl1bnljal1 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, Replfblic Act No. 1379, and Chapter 1I, 
Section 2, Title VII, Book 1I 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 sanggu11long 
panlalnwigan, and provincial treasurers, assessors, engineers, and 
other provincial department head; 
(b) City mayors, vice~mayors, members of the sanggt(l1iang pnnglungsod, 
" 
city treasurer, ?ssessors, 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 occupyi11g the 
position of provincial d.irector and those holding the rank of senior 
superintendent or higher; 
(f) City and provincial prosecutors and their assistants, and officials and 
prosecutors in the Office of the Ombudsman and special prosecutor; 
2 
• 
• 


2 
3 
4 
5 
6 
7 
8 
9 
10 ' , 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
" 22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
• 
351 
36 
• 
• 
(g) Presidents, directors or trustees, or managers of government-owned 
or controlled corporations, state universities or education 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 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 Classificati(;m 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. 
PR.OVIDED, THAT THE REGIONAL TRIAL COURT SHALL HAVE 
EXCLUSIVE ORIGINAL JURISDICTION WHERE THE INFORMATION (A) 
DOES NOT ALLEGE ANY DAMAGE OR BRIBE; (B) ALLEGES DAMAGE 
OR BRIBE THAT ARE UNQUANTIFIABLE; OR (C) ALLEGES DAMAGE 
OR BRIBE ARISING FROM THE SAME OR CLOSELY RELATED 
TRANSACTIONS OR ACTS NOT EXCEEDING ONE MILLION PESOS 
(Pl,OOO,OOO.OO). 
SUBJECT TO THE RULES PROMllLGATED 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. 
1n 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, metvopolitan trial court, 
3 
• 
• 


2 
3 
4 
5 
6 
7 
8 
9 
10 
II 
, 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
, 
241 
25 
26 
27 
28 
19 
30 
31 
32 
33 
34 
35 
• 
• 
municipal trial court, and municipal circuit trial court, as the case may be, 
pursuant to their respective jurisdictions as provided in Batas Pambansa BIg. 
129, as amended. 
The Sandlgar/bayan 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 Sandiganbayal1 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 Big 129, as well as the 
in'lplementing 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 
Sancliganbayan. In all cases elevated to the Snndiganbaylm and from the 
Sandiganbayan to the Supreme Court, the Office of tIle 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 corporatioi1s, 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 n'otwithstanding, the-
criminal action and the corresponding civil action for the recovery of civil 
liability shall at all times be simultaneously instituted with, and jointly 
4 
., 
• 
• 


, 
2 
0 J 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 , 
j 
14 
IS 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
, 
26 + 
27 
28 
29 
30 
31 
32 
33 
34 
3S 
36 
determined in, the same proceeding by the Sandiganbayal1 or to appropriate 
courts, the filing of the criminal action being deemed to necessarily carry with 
it the filing of civil action, and no right to reserve the filing of such civil aClion 
separately from the criminal adion 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 Snndiganbayan orthe appropriate court, said civil action shall be transferred 
to the Snnrliganbnyon 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 5 of the same decree is hereby further amended to read as 
follows:' 
"Section 5. (A). Proceedings, how conducied [; votes requiredl. : WHEN THERE 
ARE TWO OR MORE CASES READY FOR TRIAL ON A PARTICULAR 
DAY, THE CHAIRPERSON OF A DIVISION SHALL DESIGNATE A 
MEMBER TO HEAR AND RECEIVE EVIDENCE, AND RESOLVE ALL 
INCIDENTS ARISING THEREl'ROM FOR THAT DAY. 
(B) VOTES REQUIRED FOR JUDGMENT OR FINAL ORDER. - ALL 
THREE (3) MEMBERS OF A DIVISION SHALL DELIBERATE ON A CASE 
SUBMITTED FOR JUDGMENT OR FINAL ORDER. 
The [unanimous vote] CONCURRENCE of [the three] TWO (2) Justices 
in a division shall be necessal'y TO RENDER [for the pronouncement of a] 
judgment OR fiNAL ORDER. [In the event that the three Justices do not reach 
a unanitnous vote, the Presiding Judge shall designate two od1er Justices from 
among the members of the Court to' sit' temporarpy with them, forming a 
division of five justices, and the concurrence of a majority of such division shall 
be necessary for rendering judgment.]" 
SECTION 4. Administrative Personnel. - The Snndi?anbayan shall appoint such 
personnel as it may deem necessary to discharge its functions under this Act, 
including the upgrading of plantilla positions that provide administrative and 
adjudicative support to the operations of the Sandiganbayan. 
5 
• 
• 


2 
3 • , 
4 
5 
6 
7 
8' 
9 
10 
II 
12 
13 
14 
• 15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
• 
SECTION 5, Fundillg and Appropriations. - The amount necessary to carry out 
the implementation of this Act shall be charged against the current appropriations of 
. 
. 
the Sll1ldiganbayan. Thereafter, such sums aE may be needed for its full implementation 
shall be included in the annual General Appropriations Act. 
SECTION 6. Tmnsito.ry Provision. - This Act shall apply to all cases pending in 
the Sandiganbayan over which trial has not begun: Provided, That: 
(a) Section 2, 
, 
. 
amending Section 4 of P.D. 1606, as amended, on "Jurisdiction"; and (b) Section 3, 
amending Section 5 of P.D. 1606, as amended, and providing for Section 5 (B) on 
"Votes Required for Judgment 01' Final Order", shall apply to cases arising from offenses 
committed after the effectivity of this Act: 
SECTION 7. 
Separability Clause. 
Should any provision of, this Act or part 
hereof be declared unconstitutional, the other provisions or parts not affected thereby 
shall remain valid and effective. 
SECTION 8. 
Repealing Clause. 
All laws,. decrees, orders, and issuances, or 
. 
' 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
repealed, amended or rnodified accordingly. 
SECTION 9. 
Effectivil1j. This Act shall take effect after fifteen (15) days from 
its publication in the .Official Gazette or in two (2) newspapers of general circulation. 
Approved,