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PRESIDENTIAL DECREE NO. 1486
PRESIDENTIAL DECREE NO. 1486 -
CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER
PURPOSES
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chanroblesvirtualawlibrary
WHEREAS,
the New Constitution declares that a public office is a public trust
and ordains that public officers and employees shall serve with
the highest degree of responsibility, integrity, loyalty and efficiency
and shall remain at all times accountable to the people;chanroblesvirtualawlibrary
WHEREAS, to attain the highest norms of official conduct required of
public officers and employees, Section 5, Article XIII of the New
Constitution provides for the creation of a special court to be known
as Sandiganbayan;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution and pursuant
to Proclamation No. 1081, dated September 21, 1972, do hereby order and
decree as follows: chanroblesvirtualawlibrary
Section 1. Sandiganbayan; Composition;
Qualifications; tenure; removal and compensation. — A special court,
possessing all the inherent powers of a court of justice, to be known
as the Sandiganbayan is hereby created composed of a Presiding Judge
and eight (8) Associate Judges who shall be appointed by the
President and shall be subject to the same inhibitions and/or
disqualifications as judges of courts of first instance.
No person shall be appointed Presiding Judge or Associate Judge of the
Sandiganbayan, unless he is a natural-born citizen of the Philippines,
at least 40 years of age and for at least ten (10) years or more had
been a judge of a court of record or been engaged in the practice of
law in the Philippines or has held office requiring admission to
the bar as a prerequisite for a like period.
The Presiding Judge shall be so designated in his commission and the
other judges shall have precedence according to the dates of their
respective commissions, or when the commissions of two (2) or more of
them shall hear the same date, according to the order in which their
commissions have been issued by the President.
The Presiding Judge and the Associate Judges shall not be removed from
office except on impeachment upon the grounds and in the manner
provided for in Sections 2 and 3 of Article III of the 1973
Constitution.
The Presiding Judge shall receive an annual compensation of P60,000.00
and each Associate Judge P50,000.00 which shall not be diminished
during their continuance in office.
They shall hold office until they reach the age of 65 years or become
incapacitated to discharge the duties of their office. chanroblesvirtualawlibrary
Section 2. Official Station; Place of Holding
Sessions. — The Sandiganbayan shall have its principal office in the
Metro Manila Area; Provided, however, that the Presiding Judge may
authorize any division or divisions of the court to hold sessions at
any time and place outside Metro Manila to hear and decide cases
emanating from any of the existing judicial districts.
Whenever necessary, the Sandiganbayan may require the services of the
personnel and the use of the facilities of any agency of the
Government, national or local, including the courts of first instance
of the province where any of the divisions is holding session and those
personnel of such agencies or courts shall be subject to the order of
the Sandiganbayan.
Section 3. Quorum. — Five judges shall
constitute a quorum for sessions en banc, and two judges for sessions
in division; Provided, that when a quorum and/or the majority required
for a decision of the Sandiganbayan either en banc or in division, or
the trial or hearing of cases cannot be had due to the legal
disqualification or temporary disability of a judge or of a vacancy
occurring therein, the President shall, upon recommendation of the
Presiding Judge, designate any judge of the court of first instance or
of the circuit criminal court of the judicial district concerned to sit
temporarily therein.
The Sandiganbayan shall, as a body, sit en banc but it may sit in three
(3) divisions of three (3) judges each. The three (3) divisions may sit
at the same time.
If the Presiding Judge is present in any session of the court, whether
en banc or in division, he shall preside. In his absence the Associate
Judge attending who is first in precedence shall preside.
Section 4. Jurisdiction. — Except as herein
provided, the Sandiganbayan shall have original and exclusive
jurisdiction to try and decide:cralaw:red
(a) Violations of Republic Act No. 3019, as amended,
otherwise known as the Anti-Graft and Corrupt Practices Act and
Republic Act No. 1379;chanroblesvirtualawlibrary
(b) Crimes committed by public officers or
employees, including those employed in government-owned or controlled
corporations, embraced in Title VII of the Revised Penal Code;chanroblesvirtualawlibrary
(c) Other crimes or offenses committed by
public officers or employees including those employed in
government-owned or controlled corporations in relation to their
office; Provided, that, in case private individuals are accused as
principals, accomplices or accessories in the commission of the crimes
hereinabove mentioned, they shall be tried jointly with the public
officers or employees concerned.
Where the accused is charged of an offense in relation to his office
and the evidence is insufficient to establish the offense so charged,
he may nevertheless be convicted and sentenced for the offense included
in that which is charged.
(d) Civil suits brought in connection with the
aforementioned crimes for restitution or reparation of damages,
recovery of the instruments and effects of the crimes, or forfeiture
proceedings provided for under Republic Act No. 1379;chanroblesvirtualawlibrary
(e) Civil actions brought under Articles 32 and 34
of the Civil Code.
Exception from the foregoing provisions during the period of material
law are criminal cases against officers and members of the Armed Forces
of the Philippines, and all others who fall under the exclusive
jurisdiction of the military tribunals.
Section 5. Proceedings against constitutional
officers; votes required. All cases involving constitutional
officers shall be heard and decided by the Sandiganbayan en banc;
Provided, that when a non-constitutional officer or employee or private
individual is charged or sued jointly with a constitutional officer
under Section 4 hereof, they shall all be tried jointly by the
Sandiganbayan en banc. All other cases may be tried and decided by a
division. chanroblesvirtualawlibrary
The affirmative vote of five (5) judges is necessary for a decision of
the Sandiganbayan en banc. The affirmative vote of two judges in a
division shall be necessary for the promulgation of a judgment.
Section 6. Maximum period for termination of cases.
— As far as practicable, the trial of cases before the Sandiganbayan en
banc or in division once commenced shall be continuous until terminated
and the judgment en banc or in division shall be rendered within three
(3) months from the date the case was submitted for decision.
Section 7. Form, finality and enforcement of
decisions; petitions for reconsideration. — Decisions and final orders
of the Sandiganbayan shall contain complete findings of fact on all
issues properly raised before it. Decisions and final orders en banc
shall be subject to review by the Supreme Court in accordance with Rule
45 of the Rules of Court; and those of a division shall be appealable
under Rule 42 thereof. The Supreme Court shall hear and decide any case
on appeal promptly and without the necessity of placing it upon the
regular calendar. Whenever, in any case decided by the Sandiganbayan en
banc or by a division thereof, the death penalty of life imprisonment
shall have been imposed, the records shall be forwarded to the Supreme
Court whether the accused shall have appealed or not, for review and
judgment, as law and justice shall dictate.
Any party may file a petition for reconsideration of any order or
decision of the Sandiganbayan en banc or in division within fifteen
(15) days from receipt of a certified copy of such order or decision
and such petition for reconsideration shall be decided by the
Sandiganbayan en banc or in division, as the case may be, within thirty
(30) days from submission thereof. chanroblesvirtualawlibrary
Final judgments and orders of the Sandiganbayan en banc or in division
shall be executed and enforced in the manner provided for in the Rules
of Court.
Section 8. Transfer of cases. — All cases cognizable
by the Sandiganbayan as herein provided, the trial of which had not yet
commenced in the trial courts as of the date of its organization shall
be transferred to the Sandiganbayan, except those cases filed in the
military tribunals and those cases against military personnel which
shall remain in the military tribunals.
Section 9. Authority over internal affairs. — The
Sandiganbayan shall administer its own internal affairs and may adopt
such rules governing the constitution of its divisions, the allocation
of cases among them, the rotation of judges and other matters relating
to its business.
Section 10. Proceedings free of charge; premature
publicity prohibited. — All proceedings in the Sandiganbayan en banc or
in division shall be conducted at no cost to the complainant and/or his
witnesses.
No criminal complaint shall be given due course by the Sandiganbayan
except upon a certification by the Chief Special Prosecutor of the
existence of probable cause to be determined after a preliminary
investigation conducted in accordance with existing laws. No publicity
shall be allowed during the pendency of such preliminary investigation
and the name of the complainant and the accused shall not be made
public until after an information is field with the Sandiganbayan.
Section 11. Administrative Personnel. — Upon
recommendation of the Sandiganbayan, the Supreme Court may designate,
from among the officers and employees under it, or appoint the
personnel necessary for the Sandiganbayan, including a Clerk of Court
and three (3) Deputy Clerks of Court; Provided, however, that those
designated shall not receive additional compensation, except per diems,
travelling and necessary expenses in accordance with existing laws and
rules. chanroblesvirtualawlibrary
The Clerk of Court shall have an annual compensation of P23,000.00, and
the deputy clerks of court, P18,000.00. The Clerk of Court and deputy
clerks of court shall at least be members of the bar.
All subordinate employees of the Sandiganbayan shall be governed by the
provisions of the Civil Service Law; Provided, that the Sandiganbayan
may, by resolution en banc, remove any of them for cause.
Section 12. Office of the Chief Special
Prosecutor. — The provisions of any law or rule to the contrary
notwithstanding, the direction and control of the prosecution of cases
mentioned in Section 4 hereof, shall be exercised by a Chief Special
Prosecutor who shall be assisted by one (1) Assistant Chief Special
Prosecutor and nine (9) Special Prosecutors who shall be appointed by
the President. The Chief Special Prosecutor shall have annual
compensation of P30,000.00, the Assistant Chief Special Prosecutor of
P28,000.00 and the Special Prosecutors of P24,000.00 which shall
not be diminished during their continuance in office.
The Chief Special Prosecutor, the Assistant Chief and the Special
Prosecutors shall have exclusive authority to conduct preliminary
investigations of all complaints filed with the Sandiganbayan, to file
informations and conduct the prosecution of all cases; Provided, that
the Secretary of Justice may designate any lawyer in the government
service as special prosecutor or special counsel to assist the Chief
Special Prosecutor in conducting preliminary investigations and
prosecuting cases before the Sandiganbayan.
The Chief Special Prosecutor, Assistant Chief Special Prosecutor and
Special Prosecutors mentioned in the preceding paragraph shall have the
authority to administer oaths, to issue subpoena and subpoena duces
tecum, summon and compel witnesses to appear and testify under oath
before them and to bring books, documents or other things under their
control and to secure the attendance or presence of any absent or
recalcitrant witness through application before the Sandiganbayan en
banc or in division or before any inferior or superior court having
jurisdiction of the place where the witness or evidence may be found.
The Chief Special Prosecutor and his assistants shall be under the
control of the Secretary of Justice.
Section 13. Office of Special Investigators. — To
assist the Chief Special Prosecutor in the performance of his duties,
the Secretary of Justice may, upon the recommendation of the Chief
Special Prosecutor, appoint such number of Special Investigators and
subordinate personnel as may be deemed necessary therefor and/or detail
to the Office of the Chief Special Prosecutor any officer or employee
of the Department of Justice or any Bureau or Office under the
executive supervision thereof; Provided, that those designated shall
not receive additional compensation except per diems, traveling and
necessary expenses in accordance with existing law and rules. The
Office of Special Investigators shall be under the Chief Special
Prosecutor. The appointment of Special Investigators and subordinate
personnel therein shall be subject to Civil Service Law and Rules.
"The Sandiganbayan may, upon proper, request of the Chief Special
Prosecutor, require the assistance and services of any Department,
Agency, or Bureau of the government.
Section 14. Report to the President. — The
Sandiganbayan shall submit an annual report to the President
including all disbursements of funds entrusted to it within two months
from the end of the Fiscal Year. chanroblesvirtualawlibrary
Section 15. Funding. — There is hereby immediately
appropriated out of any funds in the National Treasury not otherwise
appropriated, such sums as may be necessary to carry out the provisions
of this Decree and thereafter to be included in the general
appropriation act. The appropriations for the Sandiganbayan shall be
automatically released in accordance with a schedule submitted by the
Sandiganbayan.
Section 16. Repealing Clause. — Any provision of
law, order, rule or regulation inconsistent with the provisions of this
Decree is hereby repealed or modified accordingly.
Section 17. Effectivity. — This Decree shall be part
of the laws of the land and shall take effect immediately.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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