Republic of the Philippines 98 Wu 2014

HOUSE OF THE REPRESENTATIVES T:
Quezon City i a td a
SIXTEENTH CONGRESS v)

First Regular Session

4717

HOUSE BILL NO.

.d by CHRISTOPHER S. CO and RODEL M. BATOCABE

EXPLANATORY NOTE,

‘The passage of this bill seeks to amend Section 4 of Republic Act 8249 (An Act Further
Defining the Jurisdiction of the Sandiganbayan) by transferring the jurisdiction on the cases that may
be filed from the Sandiganbayan to the regular trial courts

Considered as a basic tenet of constitutional law, the right to a speedy administration of
justice is given prime importance, Also, it has been the policy of the State to remove, as swiftly as
possible, the numerous cases that clog the dockets of the courts. It is in response to this that
numerous amendments on jursidiction of various courts have been passed to address this perennial
problem in our justice system.

It is expressly provided in Section 16, Article III of the 1987 Constitution that one of the
constitutional rights of Filipino citizen is the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies. Pursuant to this provision, the State has the
obligation to set up the mechanism to ensure the immediate resolution of the disputes among its
citizens.

Sandiganbayan, a specialized court created by law to efficiently deal with cases of graft and
corruption filed against erring government officials and employees, is currently criticized for the
huge number of pending graft cases. There is an apparent long delay in the resolution of these cases
which is proving to be detrimental to national interest and public accountability. Public office is a
public trust, and when that trust is plagued by irregularities that destroy the confidence the public
has reposed in an official, there is a moral obligation to ensure accountability and reparation swiftly
and deliberately

Therefore, it is imperative that a way be found to fast-track the process in Sandiganbayan.
One such way is to lessen the load of the said court by limiting its jurisdiction to begin with public
officials occupying the positions higher than a regional director [of a regional director or higher),
otherwise classified as Grade '28 [27]' and higher. Those with a lesser salary grade will now be
under the jurisdiction of regular courts. Through this re-classification, it is believed that the
Sandiganbayan would be able to focus on cases involving people with higher accountability to the
nation, with less delay and ample time to do so.

CHRISTOPHER S. CO RQDEL M. BATOCABE


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
irst Regular Session

4717

HOUSE BILL NO.

AN ACT AMENDING SECTION 4 OF REPUBLIC ACT 8249 (AN ACT FURTHER DEFINING THE
JURISDICTION OF THE SANDIGANBAYAN) PROVIDING FOR THE TRANSFER OF JURISDICTION
OVER SOME PUBLIC OFFICIALS FROM ITS JURISDICTION TO THE REGULAR TRIAL COURTS

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

SECTION 1. Section 4 of Republic Act 8249 is hereby amended to read as follows:
Section 4. Section 4 of the same decree is hereby further amended to read as follows:

"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 Il, Section 2, Title Vil, Book Il 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:
"(A) Officials of the executive branch occupying the positions HIGHER THAN A REGIONAL
DIRECTOR [of a regional director or higher], otherwise classified as Grade 28 [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
heads}

"(b) City mayors, vice-mayors, members of the sangguniang. panlungsod; [city
treasurers, assessors 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 occupying the position of
provincial director 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;


"(g) Presidents, directors or trustees, or managers of government-owned or -
controlled corporations, state universities or educational institutions or foundations;

SECTION 2. Implementing Rules and Regulations. ~ Within ninety (90) days after the approval of this
amendment, the Supreme Court shall prepare and promulgate the necessary rules and regulations
needed to implement the amendatory provisions.

SECTION 3. Effectivity. This Act shall take effect fifteen (15) days after its complete publica
least one (1) newspaper of general circulation,

ion in at

Approved.