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.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
order and decree as follows:cralaw:red
Section 1. Sandiganbayan; composition;
qualifications; tenure; removal and composition. — 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
hereby created composed of a Presiding Justice and eight Associate
Justices who shall be appointed by the President.
No person shall be appointed Presiding Justice or Associate Justice of
the Sandiganbayan; unless he is a natural-born citizen of the
Philippines, at least 40 years of age and for at least ten years has
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 pre-requisite for a like period.
The Presiding Justice shall be so designated in his commission and the
other Justices shall have precedence according to the dates of their
respective commissions, or, when the commissions of two or more of them
shall bear the same date, according to the order in which their
commissions have been issued by the President. chanroblesvirtualawlibrary
The Presiding Justice and the Associate Justices shall not be removed
from office except on impeachment upon the grounds and in the manner
provided for in Sections 2, 3 and 4 of Article XIII of the 1973
Constitution.
The Presiding Justice shall receive an annual compensation of
P60,000.00 and each Associate Justice P55,000.00 which shall not be
diminished during their continuance in office. They shall have the same
rank, privileges and other emoluments, be subject to the same
inhibitions and disqualifications, and enjoy the same retirement and
other benefits as those provided for under existing laws of the
Presiding Justice and Associate Justices of the Court of Appeals.
Whenever the salaries of the Presiding Justice and the Associate
Justices of the Court of Appeals are increased, such increases in
salaries shall be correspondingly extended to and enjoyed by the
Presiding Justice and the Associate Justices of the Sandiganbayan.
They shall hold office until they reach the age of 65 years or become
incapacitated to discharge the duties of their office.
Section 2. Official Station; Place of Holding
Sessions. — The Sandiganbayan shall have its principal office in the
Metro Manila area and shall hold sessions thereat for the trial and
determination of all cases filed with it irrespective of the place
where they may have arisen; Provided, however, that the Presiding
Justice may authorize any division or divisions of 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 orders of the
Sandiganbayan. chanroblesvirtualawlibrary
Section 3. Divisions of the Courts; Quorum. — The
Sandiganbayan shall sit in three divisions of three Justices each. The
three divisions may sit at the same time.
Three Justices shall constitute a quorum for sessions in division;
Provided, that when the required quorum cannot be had due to the legal
disqualification or temporary disability of a Justice or of a vacancy
occurring therein, the President shall, upon recommendation of the
Presiding Justice, designate any Justice of the Court of Appeals or
Judge of the Court of First Instance or of the Circuit Criminal Court
of the judicial district concerned to sit temporarily therein.
Section 4. Jurisdiction. — The Sandiganbayan shall
have jurisdiction over: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 and employees
including those employed in government-owned or controlled
corporations, embraced in Title VII of the Revised Penal Code, whether
simple or complexed with other crimes; and
(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.
The jurisdiction herein conferred shall be original and exclusive if
the offense charged is punishable by a penalty higher than prision
correccional, or its equivalent, except as herein provided; in other
offenses, it shall be concurrent with the regular courts. chanroblesvirtualawlibrary
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.
Where an accused is tried for any of the above offenses and the
evidence is insufficient to establish the offense charged, he may
nevertheless be convicted and sentenced for the offense proved,
included in that which is charged.
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, 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
action shall be recognized; Provided, however, that, in cases within
the exclusive jurisdiction of the Sandiganbayan, where the civil action
had theretofore been filed separately with a regular court but judgment
therein has not yet been rendered and the criminal case is hereafter
filed with the Sandiganbayan, said civil action shall be transferred to
the Sandiganbayan for consolidation and joint determination with the
criminal action, otherwise, the criminal action may no longer be filed
with the Sandiganbayan, its exclusive jurisdiction over the same
notwithstanding, but may be filed and prosecuted only in the regular
courts of competent jurisdiction; Provided, further, that, in cases
within the concurrent jurisdiction of the Sandiganbayan and the regular
courts, where either the criminal or civil action is first filed with
the regular courts, the corresponding civil or criminal action, as the
case may be, shall only be filed with the regular courts of competent
jurisdiction.
Excepted from the foregoing provisions, during martial law, are
criminal cases against officers and members of the armed forces in the
active service. chanroblesvirtualawlibrary
Section 5. Proceedings, how conducted; votes
required. — The unanimous vote of the three justices in a division
shall be necessary for the pronouncement of a judgment. In the event
that the three justices do not reach a unanimous vote, the Presiding
Judge shall designate two other justices from among the members of the
Court to sit temporarily with them, forming a division of five
justices, and the concurrence of a majority of such division shall be
necessary for rendering judgment.
Section 6. Maximum period for termination of cases. —
As far as practicable, the trial of cases before the Sandiganbayan once
commenced shall be continuous until terminated and the judgment shall
be rendered within three (3) months from the date the case was
submitted for decision.
Section 7. Form, finality and enforcement of
decisions. — Decisions and final orders of the Sandiganbayan shall
contain complete findings of facts on all issues properly raised before
it.
A petition for reconsideration of any final order or decision may be
filed within (15) days from promulgation or notice of the final order
or judgment, and such petition for reconsideration shall be decided
within thirty (30) days from submission thereon.
Decisions and final orders shall be subject to review on certiorari by
the Supreme Court in accordance with Rule 45 of the Rules of Court. The
Supreme Court shall decide any case on appeal promptly and without the
necessity of placing it upon the regular calendar. Whenever, in any
case decided, the death penalty 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.
Final judgments and orders of the Sandiganbayan shall be executed and
enforced in the manner provided by law.
Section 8. Transfer of cases. — As of the date of the
effectivity of this decree, any case cognizable by the Sandiganbayan
within its exclusive jurisdiction where none of the accused has been
arraigned shall be transferred to the Sandiganbayan.
Section 9. Rule-making Power. — The Sandiganbayan
shall have the power to promulgate its own rules of procedure and,
pending such promulgation, the Rules of Court shall govern its
proceedings.
Section 10. 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 justices and other matters
relating to its business.
Section 11. Proceeding free of charge. — All
proceedings in the Sandiganbayan shall be conducted at no cost to the
complainant and/or his witnesses.
No criminal information or complaint shall be entertained by the
Sandiganbayan except upon a certification by the Investigating
Prosecutor of the existence of a prima facie case to be determined
after a preliminary investigation conducted in accordance with
applicable laws and approved by the Chief Special Prosecutor.
Section 12. Administrative personnel. — The
Sandiganbayan shall reelect and appoint such personnel as it may deem
necessary to discharge its functions under this Decree including a
Clerk of Court and three (3) Deputy Clerks of Court who shall be
members of the Bar.
The Clerk of Court shall have an annual compensation of P36,000.00 and
the Deputy Clerks of Court, P30,000.00. chanroblesvirtualawlibrary
All other 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 13. 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.
Section 14. Funding. — There is hereby immediately
appropriated the sum of Five Million Pesos (P5,000.00) out of any funds
in the National Treasury to carry out the provisions of this Decree and
thereafter to be included in the general appropriations act. The
appropriations for the Sandiganbayan shall be automatically released in
accordance with a schedule submitted by the Sandiganbayan.
Section 15. Separability of Provisions. — If for any
reason, any section or provision of this Decree is declared to be
unconstitutional or invalid, other sections or provisions thereof which
are not affected thereby, shall continue in full force and effect.
Section 16. Repealing Clause. — This Decree hereby
repeals Presidential Decree No. 1486 and all other provisions of law,
General Orders, Presidential Decrees, Letters of Instructions, rules or
regulations inconsistent herewith.
Section 17. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 10th day of December, in the year of Our Lord, nineteen hundred
and seventy-eight.
RULES OF THE SANDIGANBAYAN
Pursuant to the provisions of Section 5 of Article XIII of the
Constitution of the Philippines, as implemented by Presidential Decree
No. 1606, the Sandiganbayan hereby adopts and promulgates the following
rules to govern the conduct of its business.
RULE I
Title and Construction
Section 1. Title of the Rules. — These Rules shall be
known and cited as the Rules of the Sandiganbayan.
Section 2. Construction. — These Rules shall be
liberally construed in order to promote their objectives and to achieve
a just, expeditious and inexpensive determination of every action and
proceeding before the Sandiganbayan.
RULE II
Control of Functions and Succession
Section 1. Exclusive Control. — Except as otherwise
provided by the Constitution and Presidential Decree No. 1606, the
Sandiganbayan shall have exclusive control, direction and supervision
of all matters pertaining to its internal affairs and the operation of
its business.
Section 2. Succession in the Office of the Presiding
Justice. — In case of vacancy in the position of Presiding Justice of
the Sandiganbayan or his temporary incapacity to exercise the powers
and perform the duties of his office, the same shall devolve upon the
qualified most senior Associate Justices until such incapacity is
removed or another Presiding Justice is appointed and has duly
qualified. chanroblesvirtualawlibrary
RULE III
Composition of Divisions
Section 1. How Divisions Constituted. — The
Sandiganbayan shall consist of three divisions which shall be known as
the First Division, Second Division, and Third Division, and shall each
be composed of the Presiding Justice and the first two Associate
Justices in the order of precedence as the respective Chairmen; the
next three Associate Justices in the order of precedence as the
respective senior members; and the last three Associate Justices in the
order of precedence as the respective junior members. However, until
the entire complement of the Sandiganbayan shall have been appointed
and qualified, the Presiding Justice and the two Associate Justices
first appointed and qualified shall constitute the First Division.
Section 2. Vacancy; How Filled. — In case of any
vacancy in the composition of a division, whether permanent or
temporary, 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 cases assigned thereto,
unless the operation of the other divisions of the Court will be
prejudiced thereby, in which case, the procedure provided in Section 3,
Rule VIII of these Rules shall apply.
RULE IV
Filing of Cases
Section 1. Proceedings Free of Charge. — All
proceedings in the Sandiganbayan be conducted at no cost to the
complainant and/or his witnesses.
Section 2. Preliminary Investigation Necessary. — No
criminal information or complaint shall be entertained by the
Sandiganbayan except upon a certification by the investigating
Prosecutor of the existence of a prima facie case to be determined
after a preliminary investigation conducted in accordance with
applicable laws and approved by the Chief Special Prosecutor. chanroblesvirtualawlibrary
Section 3. Where Cases Filed. — All cases to be filed
with the Sandiganbayan shall be filed with the Office of the Clerk of
Court of the Sandiganbayan which shall be open for the purpose of
receiving complaints, informations, motions and the like from eight to
twelve o'clock in the morning and twelve thirty to four-thirty o'clock
in the afternoon, on Mondays to Fridays, except on public or special
holidays.
RULE V
Distribution and Consolidation of Cases
Section 1. Distribution of Cases. — All cases filed
with the Sandiganbayan shall be allotted among the three divisions for
hearing and decision by raffle to be conducted by a Raffle Committee
composed of the Presiding Justice and the two most senior Associate
Justices available, on such days as may hereafter be fixed by the
Presiding Justice depending upon the need for such raffle to be made in
view of the number of cases filed, with notice to the interested
parties who may, if they so desire, be present therein by themselves or
through counsel.
Section 2. Consolidation of Cases. — Cases arising
from the same incident on series of incidents, or involving common
questions of fact and law, may, in the discretion of Sandiganbayan, be
consolidated in only one division. Should the propriety of such
consolidation appear upon the filing of the cases concerned and before
they are raffled, all such cases shall be considered as one case for
purposes of the raffle; but, should the propriety of such consolidation
become apparent only thereafter, consolidation may be effected upon
motion of an interested party filed with the division taking cognizance
of the case to be consolidated and, if granted, consolidation shall be
made in the division before which the case with the lowest number is
pending. In either case, the division in which consolidation is
effected shall be entitled to be credited in the distribution of cases
with the same number of cases transferred to it to the end that all
divisions shall, as much as possible, receive more or less the same
number of cases filed with the Sandiganbayan. chanroblesvirtualawlibrary
Section 3. Assignment of Cases Permanent. — Cases
assigned to a division of the Sandiganbayan in accordance with these
Rules shall remain with said division notwithstanding changes in the
composition thereof and all matters raised therein shall be deemed to
be submitted for consideration and adjudication by any and all of the
Justices who are members of the division aforesaid at the time said
matters are taken up, irrespective of whether they were or were not
members of the division aforesaid at the timesaid matters are taken up,
irrespective of whether they were or were not members of the division
at the time the case was first assigned thereto: Provided, however,
That only such Justices who are members of the division at the time a
case is submitted for decision shall take part in the consideration and
adjudication of said case, unless any such member thereafter ceases to
be a member of the Sandiganbayan for any reason whatsoever in which
case any Justice chosen to fill the vacancy in accordance with the
manner provided in Section 2, Rule III, of these Rules shall
participate in the consideration and adjudication of said case;
Provided, lastly, that the Sandiganbayan en banc may, for special or
compelling reasons, transfer cases from one division thereof to another.
RULE VI
Processes
Processes and writs of the Sandiganbayan which by their nature or by
provision of existing laws or the Rules of Court are to be issued under
the signature of a Judge or a Justice shall be signed by the Chairman
of the division concerned: Provided, That if there is an urgent
necessity for the issuance thereof before the case is raffled to a
division, the same shall be signed by the Presiding Justice. In the
absence of the Presiding Justice or the Chairman aforesaid, the process
or writ shall be signed by the senior Associate Justice in the
Sandiganbayan or in the divisions concerned, respectively. All other
processes or writs issued upon authority of the Sandiganbayan or a
division thereof shall be signed by the Clerk of Court or, in his
absence, by the Deputy Clerk of Court of the division concerned.
RULE VII
Bail
Section 1. How Amount Fixed; Approval. — The amount
of bail to be posted in cases in the Sandiganbayan shall be fixed by
the Chairman of the division thereof to which they are assigned; and
such bail may be approved by any Justice of the Sandiganbayan, but
preferably by a Justice of the division concerned: Provided, however,
That where the accused is arrested, detained or otherwise placed in
custody outside the Metropolitan Manila area, any judge of the Court of
First Instance or Circuit Criminal Court may accept and approve the
bail for his appearance before the division to which his case is
assigned and release him, and shall inform the division issuing the
order of arrest of his action, forwarding thereto the papers in this
case.
Section 2. Condition of the Bail. — The condition of
the bail is that the accused shall appear and answer the complaint or
information in the division of the Sandiganbayan to which it is
assigned or transferred for trial and submit himself to the orders and
processes thereof and, after conviction, if the case is appealed to the
Supreme Court, that he will surrender himself for the execution of such
judgment as the Supreme Court may render; or, that, in case the cause
is to be tried anew or remanded for a new trial, he will appear in the
division to which it may be remanded and submit himself to the orders
and processes thereof.
RULE VIII
Sessions and Trial
Section 1. How Sessions Held. — The Sandiganbayan
shall, for administrative purposes, sit en banc; and, for the trial and
determination of cases, sit in three divisions of three Justices each.
The three divisions may sit at the same time.
Section 2. Presiding Officer. — Sessions of the
Sandiganbayan en banc shall be presided by the Presiding Justice;
whereas sessions in division shall be presided by the respective
Chairman of each division. In the absence of the Presiding Justice or
the Chairman of a division, as the case may be, the Associate Justice
attending the session en banc or in division who is first in the order
of precedence and able to preside, shall do so.
Section 3. Quorum. — Five Justices shall constitute a
quorum for sessions en banc, and three Justices for sessions in
division: Provided, That when a quorum and/or the votes required for a
resolution or 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 Justice or of a
vacancy occurring therein, the President shall, upon recommendation of
the Presiding Justice, designate any Justice of the Court of Appeals,
Judge of the Court of First Instance or of the Circuit Criminal Court
to sit temporarily therein.
Section 4. Place of Holding Sessions. — Sessions of
the Sandiganbayan, whether en banc or in division, shall be held in the
place of its principal office in the Metropolitan Manila area where it
shall try and determine all cases filed with it irrespective of the
place where they may have arisen: Provided, however, That the Presiding
Justice may authorize any division or divisions of the Court to hold
sessions at any time and place outside Metropolitan Manila to hear and
decide cases emanating therefrom. For this purpose and 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 or Circuit Criminal
Court of the province or city where any of the divisions is holding
session, and those personnel of such agencies or courts shall be
subject to the orders of the Sandiganbayan.
Section 5. Time of Holding Sessions. — Sessions of
the Sandiganbayan en banc may be called at any time by the Presiding
Justice or at the instance at least five Associate Justices. Sessions
for the trial of cases cognizable by it shall be held on such days and
at such times as the divisions thereof may, by order and upon notice to
the parties concerned, fix.
Section 6. Pre-trial Inquest. — After the arraignment
of an accused who pleads not guilty, the division concerned shall,
without prejudice to the invocation by the accused of his
constitutional rights, direct the prosecutor and the accused and his
counsel to appear before any of the Justices thereof for a conference
to consider.
(a) Admissions of facts about which there can be no
dispute;chanroblesvirtualawlibrary
(b) Marking for identification of documentary or real
evidence of the parties;chanroblesvirtualawlibrary
(c) Waiver of objections to admissibility of evidence;chanroblesvirtualawlibrary
(d) Procedure on objections where there are multiple
counsel;chanroblesvirtualawlibrary
(e) Order of presentation of evidence and arguments
where there are multiple accused;chanroblesvirtualawlibrary
(f) Order of cross-examination where there are
multiple accused; and
(g) Such other matters as will promote a fair and
expeditious termination of the trial. chanroblesvirtualawlibrary
After the pre-trial inquest, a pre-trial order shall be issued by the
Associate Justice presiding the conference reciting the actions and/or
proceedings taken thereat, the admissions of facts made, the documents
and real evidence marked, and the agreement entered into by the parties
as to any of the matters taken up therein. Such order shall limit the
issues for trial to those not disposed of by the admissions or
agreements of the parties and when entered shall blind the parties and
control the course of the action during the trial, on appeal, and in
post-conviction proceedings, unless modified by the division concerned
before trial to prevent manifest injustice.
RULE IX
Motions
Section 1. Motion Day. — The first hours of the
morning session of the divisions every Friday shall be devoted to the
hearing of motions, unless, upon motion of an interested party and for
special reasons, the division concerned shall fix another day for the
hearing of any particular motion.
Section 2. Resolution on Interlocutory or Incidental
Motions. — Rulings on all written motions submitted to the
Sandiganbayan or any division thereof for resolution shall be reached
in consultation among the Justices participating in the consideration
thereof: Provided, however, That rulings on oral motions or on
objections made in the course of the trial or hearing shall be handed
down by the Chairman of the division concerned.
RULE X
Judgment
Section 1. Votes Necessary to Decide. — The unanimous
vote of three Justices in a division shall be necessary for the
rendition of a judgment or order. In the event that the three Justices
do not reach a unanimous vote, the Presiding Justice shall designated
by raffle two Justices from among the other members of the
Sandiganbayan to sit temporarily with them forming a special division
of five Justices, and the vote of a majority of such special division
shall be necessary for the rendition of a judgment or order. chanroblesvirtualawlibrary
Section 2. Procedure in Deciding Cases. — The
conclusions of a division of the Sandiganbayan in any case submitted to
it for decision shall be reached in consultation before the case is
assigned to a Justice for the writing of the opinion of the division.
Any Justice dissenting from a judgment shall state the reasons for his
dissent.
Section 3. Maximum Period to Decide Cases. — The
judgment or final order of a division of the Sandiganbayan shall be
rendered within three (3) months from the date the case was submitted
for decision.
Section 4. Form of judgment and final order of a
division of the Sandiganbayan shall contain complete findings of fact
and a statement of the law on all issues properly raised before it.
RULE XI
Promulgation of Judgment
A judgment of a division of the Sandiganbayan shall be promulgated by
reading the judgment or sentence in the presence of the accused and any
Justice of the division which rendered the same: Provided, That, if the
accused is confined or detained in a place outside Metropolitan Manila
or of the city or province in which any division of the Sandiganbayan
is sitting at the time of such promulgation, the judgment may, upon
delegation by the division concerned be promulgated by any judge of the
Court of First Instance or Circuit Criminal Court having jurisdiction
over the place of confinement or detention, in which event the Court so
promulgating the judgment shall have authority to accept and approve
the appeal bond. chanroblesvirtualawlibrary
RULE XII
Petition for Reconsideration
Within fifteen (15) days from the promulgation or notice of a judgment
or final order of a division of the Sandiganbayan, unless said judgment
or order had in the meantime otherwise attained finality, a petition
for the reconsideration thereof may be filed upon the grounds, in the
form and subject to the requirements, for motions for new trial in
criminal cases under Rule 121 of the Rules of Court, and such petition
for reconsideration shall be decided within thirty (30 days from
submission thereof.
RULE XIII
Review of Judgments and Final Orders
Section 1. Method of Review. — A party may appeal
from a judgment or final order of a division of the Sandiganbayan by
filing with the Supreme Court a petition for certiorari in accordance
with Rule 45 of Rules of Court and by serving a copy thereof to the
Sandiganbayan.
Whenever, in any case decided, the death penalty 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.
Section 2. Bail Pending Appeal. — An accused who has
been released on bail shall not be committed to jail upon conviction
pending the expiration of the period for appeal or pending an appeal
seasonably taken, except when the penalty imposed is reclusion perpetua
or death, in which case, the accused may forthwith be committed to jail
after promulgation of the sentence. The division of the Sandiganbayan
concerned, however, may, for good cause, cancel the bond or increase
the amount of bail and commit the accused into custody pending appeal,
unless he gives bail in the increased amount. The surely shall also be
responsible for the surrender of the accused after judgment shall have
become final.
RULE XIV
Publication of Decisions
With the consent of the respective writers thereof, the decisions of
the Sandiganbayan may be published in the Official Gazette in the
language in which they have been originally written. The syllabi for
the decisions shall be prepared by the Clerk of Court in consultation
with writers thereof.
RULE XV
Applicability of the Rules of Court
Except as otherwise herein provided or as may hereafter be modified
from time to time by the Sandiganbayan and insofar as practicable, the
Rules of Court shall govern proceedings in the Sandiganbayan. chanroblesvirtualawlibrary
RULE XVI
Seal of the Sandiganbayan
The seal of the Sandiganbayan shall be of standard size, circular in
form, consisting of two concentric circles as its margin, with the
inscription, running from left to right, on the upper margin of the
word "Sandiganbayan" and on the lower margin of the words "Republika ng
Pilipinas"; with 16 stars, representing the existing 16 judicial
districts, immediately along the outer edge of the inner circle; and,
with a design at the center of a triangle, with a trisected area
composed of the national colors of white on its upper part, blue on the
left and red on the right, with the words "KATAPATAN" on the right
side, "KAPANAGUTAN" on the left side, and "KARANGALAN" on the base; a
star in each corner of the triangle representing Luzon, Visayas and
Mindanao; and a bolo inside the triangle on which is superimposed a
balance.
RULE XVII
Separability Clause
If, for any reason, any section or provision of these Rules shall be
held to be unconstitutional or invalid, no other section or provision
thereof shall be effected thereby.
RULE XVIII
Effectivity
The Rules shall take effect upon approval.
Done in the City of Manila,
this 10th day of January, in the year of Our Lord, nineteen hundred and
seventy-nine.
|