Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

, 139

HOUSE BILL NO.

Introduced by: HON. FRANCIS GERALD AGUINALDO ABAYA

EXPLANATORY NOTE

As of 31 December 2006, the number of cases pending in the Sandiganbayan is
two thousand five hundred fourteen (2,514). Because of this large number of cases vis-a-
vis the number of Sandiganbayan Divisions (only five), in many instances, only two (2)
hearings for every case are conducted every (2) two months.

The sheer volume of cases being handled by the Sundiganbayan makes it
impossible to promptly dispose of said cases. ‘This sad reality of heavily clogged dockets
and the very limited number of justices and judges cause the trial of erring public officials
to take years to complete. Meanwhile, graft and corrupt, activities continue to go
unhampered because the fear of conviction is undermined by the delay of the disposition
of corruption cases.

This bill seeks to increase the number of divisions of the Sndiganbayan from its
present five (5) divisions to fifteen (15) divisions to enhance its capacity to resolve anti-
graft and corruption cases and to deter further acts of the same which will effectively save
billions of pesos for the nation.

Continuous trials would require greater preparation by prosecutors and defense
counsel at the outset but would reduce the amount of time taken for the trial, and reduce
the possibility of fading memories on the part of witnesses, and the opportunity for
interference with evidence. With the increased number of divisions and justice, the
Sandiganbayan would be able to hold continuous trials.

‘The Sandiganbayan plays a critical role in fighting graft and corruption. Any delay
in the resolution of anti-graft cases negatively impacts on its ability to deter others to
commit similar acts of corruption. The search for a solution to this critical problem of
congested dockets requires recourse to drastic but creative and economical measures.


In view of the foregoing, the immediate approval of this measure is earnestly

requested.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

139 \

HOUSE BILL NO.

Introduced by: HON, FRANCIS GERALD AGUINALDO ABAYA

AN ACT
INCREASING THE NUMBER OF SANDIGANBAYAN DIVISIONS,
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606;
AS AMENDED BY R.A. NO. 7975 AND R.A. NO, 8249,
AND FOR OTHER PURPOSES

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

SECTION 1. The first paragraph of Section 1 of the same decree 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 hefeby created composed of a presiding justice and [fourteen]

FORTY FOUR (44) associate justices who shall be appointed by the President.”

Skc. 2. Section 2 of the same decree is hereby further amended to read as follows:


“Sec. 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 SANDIGHNBAYAN
[and] shall hold sessions IN METRO MANILA [thereat] for the trial and
determination of cases filed with 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 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 the use of 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,

SEC. 3. Section 3 of the same decree is hereby further amended to read as follows:

"SEC.3. Divisions of the Court; Quorum. - The Sandiganbayan shall
sit in [five] FIFTEEN [(5)] 15 divisions of three justices each. The [five]
FIFTEEN may sit at the same time.

‘Three Justices shall constitute a quorum for sessions in divisions:
Provided, That when the required quorum for the particuljr 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 SANDIGANBAYAN [court]
will be prejudiced thereby, PROVIDED, THAT IN CASES BEFORE THE
SANDIGANBAYAN DIVISIONS STATIONED IN CEBU CITY AND

CAGAYAN DE ORO CITY, THE SENIOR ASSOCIATE JUSTICES OF THE

COURT OF APPEALS IN THOSE CITIES DULY AUTHORIZED BY THE


COURT OF APPEALS PRESIDING JUSTICE FOR THE PURPOSE SHALL

IMMEDIATE!

Y MAKE THE DESIGNATION, UPON REQUEST OF THE

CHAIRMAN OF

JE ASSOCIATE JUSTICES OF ‘THE COURT OF
APPEALS DIVISIONS IN CEBU CITY AND CAGAYAN DE ORO CITY,
RESPECTIVELY [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).
Sec. 4. Separability Clause - If any provision or part hereof. is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall

remain valid and subsisting,

SeC.5. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts

therefore, inconsistent with this Act are hereby amended or modified accordingly.

Sec. 6. Efféctivity Clause - This act shall take effect fifteen (15) days following its

publication in a newspaper of general circulation.

Approved,