Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session
Cet 264

House Bill No.

Introduced by Honorable Roilo Golez

EXPLANATORY NOTE

‘A recent survey of 900 expatriate businessmen by the Hong Kong-based consultancy group
Political and Economic Risk Consultancy, Ltd. shows that the Philippines is perceived to be the No, 2
most corrupt country in Asia.

Whether or not this perception is fair, one ought to look only at how the war against corruption
is being fought where it counts the most - in our court system. Although the dedication and diligence
of our Sandiganbayan Justices cannot be doubted, it still takes an average of seven years to try a
graft case in the Philipines. Each of the anti-graft court's five divisions has an overwhelming workload
of at least 2,000 cases.

In the meantime, the economy and the country's reputation in the global community continue
to suffer from the scourge of corruption (US-based investment bank Morgan Stanley placed the losses
at $204 billion between 1965 and 2001).

This bill seeks to triple the current number of anti-graft court justices to ensure the speedy
disposition of cases filed before the Sandiganbayan. Furthermore, while the current law provides that
the Sandiganbayan Justices shall sit in five (5) divisions of three (3) Justices each, this bill proposes
that corruption cases involving P5 million or less shall be handled dy just one Justice.

While it is laudable that the govemment has stepped up its campaign against graft and
corruption, it is more important that those charged be expeditiously processed through the justice
system and promptly penalized if found guilty.

Inview ofthe foregoing the immediate approval of this bis eamesly requested.

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\\ ROILO GOLEZ



Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

Hoase Bill No.

Introduced by Honorable Roilo Golez

AN ACT
INCREASING THE NUMBER OF SANDIGANBAYAN DIVISIONS, AMENDING FOR THIS
PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SEC. 1 Section 1, first paragraph of P.D. 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 of justice, to be known as the
Sandiganbayan is hereby created composed of a presiding Justice and {fourteen}
FORTY FOUR (44) associate justices who shall be appointed by the President.”

SEC, 2. Section 2 of the same decree is hereby amended to read as follows:

“SECTION 2. Official Station; Place of Holding Sessions. - The Sandiganbayan
shall have its principal office in the Metro Manila area. THE FIRST TO
THIRTEENTH DIVISIONS OF THE SANDIGANBAYAN [and] shall hold sessions
IN METRO MANILA [thereat] for the trial and determination of cases filed {with it]
FROM THE GEOGRAPHICAL REGION OF LUZON, INCLUDING THOSE FROM
THE NATIONAL CAPITAL REGION. THE FOURTEENTH AND FIFTEENTH
DIVISIONS OF THE SANDIGANBAYAN SHALL HOLD SESSIONS IN CEBU
CITY AND CAGAYAN DE ORO CITY, RESPECTIVELY, FOR THE TRIAL AND
DETERMINATION OF CASES FILED WITH IT FROM THE GEOGRAPHICAL
REGIONS OF [: Provided, however, That cases originating from the principal
geographical regions of the country, that is, from Luzon] Visayas AND [or]
Mindanao, RESPECTIVELY; [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


SEC. 3,

SEC, 4,

SEC. 5.

region: ] Provided [further] HOWEVER, That {for this purpose] the presiding justice
[shall] MAY authorize any division or divisions of the court to hold sessions at any
time and place outside [Metro Manila] THEIR DESIGNATED STATIONS 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
use the 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 of the same decree is hereby further amended to read as follows:

"SECTION 3. Divisions of the Court; Quorum — The Sandiganbayan shall sit in
[five] FIFTEEN {(5)] divisions of three Justices each: PROVIDED, THAT ONLY
ONE (1) JUSTICE SHALL PRESIDE OVER PROSECUTIONS FOR THE
VIOLATION OF R.A. NO. 3019 OR CHAPTER TWO, SECTION TWO, TITLE
SEVEN OF THE REVISED PENAL CODE WHERE THE GIFT, SHARE,
PERCENTAGE, BENEFIT, OR OTHER CONSIDERATION INVOLVED IS LESS
THAN FIVE MILLION PESOS (P5,000,000.00) OR AN EQUIVALENT AMOUNT.
The [five] FIFTEEN [(5)] 15 may sit at the same time.

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 5 of the same decree is hereby further amended to read as follows:

"SECTION 5. Proceedings, how conducted; votes required. - IN ALL CASES.
REQUIRED TO BE DECIDED BY A DIVISION, the unanimous vote of the three
justices THEREIN [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.”

Separability Clause. - If any portion of this Act is declared unconstitutional, the same

shall not affect the validity and effectivity of the other provisions not affected thereby.


SEC. 6. Repealing Clause.- All laws, decrees, executive orders, rules and regulations, and other
issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended, or
modified accordingly.

SEC.7,  Effectvity- This Act shall take effect fifteen (15) days following its publication two
national newspapers of general circulation.

Approved,