Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, _ 4108

Introduced by Representatives Niel C. Tupas, Jr

AN ACT
TO FURTHER STRENGTHEN THE FUNCTIONAL AND STRUCTURAL
ORGANIZATION OF THE SANDIGANBAYAN, FURTHER AMENDING
PRESIDENTIAL DECREE NO, 1606, AS AMENDED

EXPLANATORY NOTE

The Sandiganbayan was established forty years ago via Presidential Decree No.
1606. While it is an effective public accountability mechanism, it could hardly cope
with the evolving crimes of graft and corruption that has marred our governmert
institutions due to the ingenuity of some unscrupulous public officials and
employees.

As currently structured, the Sandiganbayan completes the proceedings of a case-
- from the filing of the information to promulgation of judgment—in about seven
years. This dismal rate of disposition reflects the heavily clogged dockets of the court,
given that the cases filed before it has multiplied over the years. Such a drawn-out
process of litigation undermines the objective for which it was created and reinforces
the century old legal maxim "Justice delayed is justice denied”.

This bill seeks to introduce structural reforms in the Sandiganbayan in order to
strengthen the public accountability weapon of the government against graft and
corruption. First, it introduces the system of “justice-designate” by capacitating the
individual members of a division to hear and receive evidence, and resolve incidents
arising during such session for the day, in behalf of the division to which a member
belongs. To further expedite the proceedings, the measure likewise allows session to
be held upon the attendance of two members of a division, instead of all three, as

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presently required. Nevertheless, consistent with the principle of collegiality, all
three members of the division shall be required to deliberate and decide the case,
after all pieces of evidence have been presented, This new innovation is expected to
accelerate the pace of case disposition, with minimal cost to the government.

Second, it transfers the so-called minor cases to the Regional Trial Courts which
have the sufficient capability and competence to handle these cases. As of the last
quarter of 2013, about 60% of the cases before the Sandiganbayan constitute “minor
cases”. Under this measure, “minor cases” shall pertain to the following;

1) Those where the information does not allege any damage or bribe;

2) Those that allege damage or bribe that are unquantifiable; or

3) Those that allege damage or bribe arising from the same or closely related
transactions or acts not exceeding One Million Pesos (Php1,000,000.00).

This amendment will enable the Sandiganbayan to concentrate its valuable time
and resources in resolving the most significant and most complicated cases filed
against public officials and render judgment swiftly but judiciously. :

Third, this bill seeks to modify the voting requirement for promulgation of
judgment. Under the existing Sandiganbayan charter, the unanimous vote of all three
members is necessary for the rendition of final order. Failure to reach unanimity shall
require the constitution of a special division of five members which
takes several months to complete. Under the bill, the concurrence of two members is
sufficient for promulgation of judgment.

Last but not the least, this bill guarantees the constitutional right enshrined in
our Constitution that no ex post facto law shall be enacted by expressly providing, that
the amendments to the Sandiganbayan’s jurisdiction and voting requirement for
promulgation of judgement shall only apply to cases arising from offenses committed
after the effectivity of this measure.

In view of the foregoing, the approval of this bill is earnestly sought.

for

ILC. TUPA:
Representative
5% District, Hoilo


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
SIXTEENTH CONGRESS

First Regular Session

House BILL No.__ 4108

Introduced by Representative Niel C. Tupas, Jr

AN ACT
TO FURTHER STRENGTHEN THE FUNCTIONAL AND STRUCTURAL
ORGANIZATION OF THE SANDIGANBAYAN, FURTHER AMENDING
PRESIDENTIAL DECREE NO. 1606, AS AMENDED

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

SECTION 1. Section 3 of Presidential Decree No. 1606, as amended, is hereby

further amended to read as follows:

“Sec. 3.CONSTITUTION OF THE DivisionS [of the Courts]; Quorum. - The
Sandiganbayan shall sit in five (5) divisions of three justices each. [The five (5)

may sit at the same time.]

[Three] TWO (2) 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]
INCAPACITY of a [Justice] MEMBER or [of] a vacancy [occurring] therein, the
Presiding Justice may designate [an Associate Justice of the Court]A MEMBER


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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 [, 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 2. Section 4 of the same decree is hereby further amended to read as

follows:

“Sec. 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 head;


() City mayors, vice-mayors, members of the sangguniang panglingsod,
city treasurer, assessors, engineers, and other city department heads;
(©) Officials of the diplomatic service occupying the position of consul and

higher;

(d) Philippine army and air force colonels, naval captains, and all offic
of higher rank;

(c) Officers of the Philippine National Police while occupying the position
of provincial director and those holding the rank of senior
superintendent or higher;

(0) 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 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 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,

¢. 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 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
(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 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 provision 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 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 action
separately from the criminal action shall be recognized: Provided, however, That

where the civil action had heretofore been filed separately but judgment therein


1 has not yet been rendered, and the criminal case is hereafter filed with the

2 Sandiganbayan or the appropriate court, said civil action shall be transferred to
3 the Sandiganbayan or the appropriate court, as the case may be, for consolidation
4 and joint determination with the criminal action, otherwise the separate civil
5 action shall be deemed abandoned.”

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ka SECTION 3. Section 5 of the same decree is hereby further amended to read as
8 — follows:

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10 “Section 5. (A) Proceedings, how conductedf; votes required], - WHEN
MW THERE ARE TWO OR MORE CASES READY FOR TRIAL ON A
12 PARTICULAR DAY, THE CHAIRPERSON OF A DIVISION SHALL
13 DESIGNATE A MEMBER TO HEAR AND RECEIVE EVIDENCE, AND
ny RESOLVE ALL INCIDENTS ARISING THEREFROM FOR THAT DAY.

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16 (B) VOTES REQUIRED FOR JUDGMENT OR FINAL ORDER. ~ ALL
17 THREE (3) MEMBERS OF A DIVISION SHALL DELIBERATE ON A CASE
18 SUBMITTED FOR JUDGMENT OR FINAL ORDER. ,
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20 ‘The [unanimous vote] CONCURRENCE of [the three] TWO (2) Justices in
21 a division shall be necessary TO RENDER [for the pronouncement of a]
2 judgment OR FINAL ORDER. [In the event that the three Justices do not reach
2 a unanimous vote, the Presiding Judge shall designate two other Justices from
24 among the members of the Court to sit temporarily with them, forming a
25 division of five justices, and the concurrence of a majority of such division shall
26 be necessary for rendering judgment.”

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28 SECTION 4. Administrative Personnel. - The Sandiganbayan shall appoint such

29 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.

SECTION 5. Funding and Appropriations. ~ The amount necessary to carry out
the implementation of this Act shall be charged against the current appropriations of
the Sandiganbayan. ‘Thereafter, such sums as may be needed for its full implementation

shall be included in the annual General Appropriations Act.

SECTION 6. Transitory 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 or 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 modified accordingly.

SECTION 9. Effectivity, 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,