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PRESIDENTIAL DECREE NO. 1861 - AMENDING THE PERTINENT PROVISIONS OF PRESIDENTIAL DECREE NO. 1606 AND BATAS PAMBANSA BLG. 129 RELATIVE TO THE JURISDICTION OF THE SANDIGANBAYAN AND FOR OTHER PURPOSES
Batas Pambansa Blg. 129 has simplified the rules on jurisdiction by,
among others, abolishing the concurrent jurisdiction of the
Sandiganbayan and the regular courts;
WHEREAS, Batas Pambansa Blg. 129 expanded the exclusive original jurisdiction of the Sandiganbayan over the offenses enumerated in Sec. 4 of Presidential Decree No. 1606, to embrace all such offenses irrespective of the imposable penalty;
WHEREAS, there has been a proliferation and marked increase in the filing of cases before the Sandiganbayan where the offense charged is punishable by a penalty not higher than prision correccional or its equivalent; and
WHEREAS, to insure that the prosecution of offenses committed by public officers and employees, including those employed in government-owned or controlled corporations, shall be as inexpensive and as expeditious as possible, and in keeping with the constitutional mandate constituting the Sandiganbayan as a special court to try cases involving graft and corruption, and other offenses committed by public officers and employees in relation to their office, it is necessary and desirable that certain cases shall be triable by the appropriate courts, with appellate jurisdiction over these cases to be vested in the Sandiganbayan.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as follows:
"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules the Supreme Court has promulgated and may hereinafter promulgate, relative to appeals/petitions for review to the Intermediate Appellate Court shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan, the Office of the Tanodbayan shall represent the People of the Philippines.
"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.
"Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted with, and jointly determined in the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the 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 has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action shall be considered abandoned."
Done in the City of Manila, this 23rd day of March, in the year of Our Lord, nineteen hundred and eighty-three.
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