BATAS PAMBANSA Blg. 129
The Presiding Justice and the Associate Justice shall
AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
PRELIMINARY CHAPTER
Section 1. Title. This Act shall be known as "The Judiciary Reorganization Act of
1980."
Section 2. Scope. The reorganization herein provided shall include the Court of
Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile and
Domestic Relations Courts, the Courts of Agrarian Relations, the City Courts, the
Municipal Courts, and the Municipal Circuit Courts.
CHAPTER I
COURT OF APPEALS
Section 3. Organization. There is hereby created a Court of Appeals which consists
of a Presiding Justice and fifty Associate Justice who shall be appointed by the
President of the Philippines. The Presiding Justice shall be so designated in his
appointment, and the Associate Justice shall have precedence according to the dates
of their respective appointments, or when the appointments of two or more of them
shall bear the same date, according to the order in which their appointments were
issued by the President. Any member who is reappointed to the Court after rendering
service in any other position in the government shall retain the precedence to which
he was entitled under his original appointment, and his service in the Court shall, for
all intents and purposes, be considered as continuous and uninterrupted. (as
amended by Exec. Order No. 33,, July 28, 1986.)
Section 4. Exercise of powers and functions. The Court Appeals shall exercise its
powers, functions, and duties, through seventeen (17) divisions, each composed of
three (3) members. The Court may sit en banc only for the purpose of exercising
administrative, ceremonial, or other non-adjudicatory functions. (as amended
by Exec. Order No. 33,.)
Section 5. Succession to Office of Presiding Justice. In case of a vacancy in the
absence of inability to perform the powers, functions, and duties of his office, the
associate Justice who is first in precedence shall perform his powers, functions, and
duties until such disability is removed, or another Presiding Justice is appointed and
has qualified.
Section 6. Who presides over session of a division. If the Presiding Justice is
present in any session of a division of the Court, he shall preside. In his absence, the
Associate Justice attending such session who has precedence shall preside.
Section 7. Qualifications.
have the same qualifications as those provided in Constitution for Justice of the
Supreme Court.
Section 8. Grouping of Divisions. (Expressly repealed by Section 4, Exec. Order
No. 33, July 28, 1986.)
Section 9. Jurisdiction. The Court of Appeals shall Exercise:
1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari,
habeas corpus, and quo warranto,and auxiliary writs or processes, whether
or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of
Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions,
orders or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, including the Securities and
Exchange Commission, the Social Security Commission, the Employees
Compensation Commission and the Civil Service Commission, Except those
falling within the appellate jurisdiction of the Supreme Court in accordance
with the Constitution, the Labor Code of the Philippines under Presidential
Decree No. 442, as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and subparagraph 4 of the fourth
paragraph od Section 17 of the Judiciary Act of 1948.
The court of Appeals shall have the power to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction, including the power to grant
and conduct new trials or Appeals must be continuous and must be completed within
three (3) months, unless extended by the Chief Justice. (as amended by R.A. No.
7902.)
Section 10. Place of holding sessions. The Court of Appeals shall have its
permanent station in the City of Manila. Whenever demanded by public interest, the
Supreme Court, upon its own initiative or upon recommendation of the Presiding
Justice, may authorize a division of the Court to hold sessions outside Manila,
periodically, or for such periods and at such places as the Supreme Court may
determine, for the purpose of hearing and deciding cases.
Section 11. Quorum A majority of the actual members of the Court shall constitute
a quorum for its session en banc. Three members shall constitute a quorum for the
session of a division. The unanimous vote of the three members of a division shall be
necessary for the pronouncement of a decision of final resolution, which shall be
reached in consultation before the writing of the opinion by any members of the
division. In the event that the three members do not reach a unanimous vote, the
Presiding Justice shall request the Raffle Committee of the Court for the designation
of two additional Justice to sit temporarily with them, forming a special division of five
members and the concurrence of a majority of such division shall be necessary for
the pronouncement of a decision or final resolution. The designation of such
additional Justice shall be made strictly by raffle.
A month for reconsideration of its decision or final resolution shall be resolved by the
Court within ninety (90) days from the time it is submitted for resolution, and no
second motion for reconsideration from the same party shall be entertainment. (as
amended by Exec. Order No. 33, July 28, 1986.)
Section 12. Internal Rules. The court en banc is authorized to promulgate rules or
orders governing the constitution of the divisions and the assignment of Appellate
Justices thereto, the distribution of cases, and other matters pertaining to the
operations of the Court of its divisions. Copies of such rules and orders shall be
furnished by the Supreme Court, which rules and orders shall be effective fifteen (15)
days after receipt thereof, unless directed otherwise by the Supreme Court.
CHAPTER II
REGIONAL TRIAL COURTS
Section 13. Creation of Regional Trial Courts. There are hereby created thirteen
(13) Regional Trial Courts, one for each of the following judicial regions:
The First Judicial Region, consisting of the provinces of Abra, Benguet, Ilocos Norte,
Ilocos Sur, La Union, Mountain Province, and Pangasinan, and cities of Baguio,
Dagupan, Laog and San Carlos;
The Second Judicial Region, consisting of the provinces of Batanes, Cagayan,
Ifugao, Kalinga-Apayao, Nueva Viscaya, and Quirino;
The Third Judicial Region, consisting of the provinces of Bataan, Bulacan (except the
municipality of valenzuela), Nueva Ecija, Pampanga, Tarlac, and Zambales, and the
cities of Angeles, Cabanatuan, Olongapo, Palayan and San Jose;
The National Capital Judicial Region, consisting of the cities of Manila, Quezon,
Pasay, Caloocan and Mandaluyong, and the municipalities of Navotas, Malabon, San
Juan, Makati, Pasig, Pateros, Taguig, Marikina, Paraaque, Las Pias, Muntinlupa,
and Valenzuela;
The Fourth Judicial Region, consisting of the provinces of Batangas, Cavite, Laguna,
Marinduque, Mindoro Occidental, Mindoro Oriental, Palawan, Quezon, Rizal (except
the cities and municipalities embraced within the National Capital Judicial Region0,
Romblon, and Aurora, and the cities of Batangas, Cavite, Lipa, Lucena, Puerto
Princessa, San Pablo, Tagaytay, and Trece Martires;
The Fifth Judicial Region, consisting of the provinces of Albay, Camarines Sur,
Camarines Norte, Catanduanes, Masbate, and Sorsogon, and the cities of Legaspi,
Naga and Iriga;
The Sixth Judicial Region, consisting of the provinces of Aklan, Antique, Capiz, Iloilo,
La Calota, Roxas, San Carlos, and Silay, and the subprovince of Guimaras;
The Seventh Judicial Region, consisting of the provinces of Bohol, Cebu, Negros
Oriental, and Siquijor, and the cities of Bais, Canlaon, Cebu, Danao, Dumaguete,
Lapu-lapu, Mandaue, Tagbilaran, and Toledo,
The Eighth Judicial Region, consisting of the provinces or Eastern Samar, Leyte,
Northern, Samar, Southern Leyte, Ormoc, and Tacloban:
The Ninth Judicial Region, consisting of the provinces of Basilan, Sulu, Tawi-Tawi,
Zamboanga del Sur, and the cities of Dapitan, Dipolog, Pagadian, and Zamboanga;
The Tenth Judicial Region, consisting of the provinces of Agusan del Norte, Agusan
del Sur, Bukidnon, Camiguin, Misamis Occidental, Misamis Oriental, and Surigao del
Norte, and the cities of Butuan, Cagayan de Oro, Gingoog, Ozamis, Oroquieta,
Surigao, and Tangub;
The Eleventh Judicial Region, consistingnof the provinces of Davao del Norte, Davao
Oriental, Davao del Sur, South Cotabato, and Surigao del Sur, and the cities of
Davao, and General Santos; and
The Twelfth Judicial Region, consisting of the provinces of Lanao del Norte, Lanao
del Sur, Maguindanao, North Cotabato, and Sultan Kudarat, and the cities of
Cotabato, Iligan, and Marawi.
In case of transfer or redistribution of the provinces, subprovinces, cities or
municipalities comprising the regions established by law of purposes of the
administrative field organization of the various departments and agencies of the
government, the composition of the judicial regions herein constituted shall be
deemed modified accordingly.
Section 14. Regional Trial Courts.
(a) Fifty-seven Regional Trial Judges shall be commissioned for the First
Judicial Region. There shall be.
Two branches (Branches III ans II) for the province of Abra, with
seats at Bangued;
Eight branches (Branches III to X) for the province of Benguet and
the city of Baguio, Branches III to VII with seats at Baguio City, and
Branches VIII to X at La Trinidad;
Nine branches (Branches XI to XIX) for the province of Ilocos Norte
and the city of Laoag, Branches XI to XVI with seats at Laoag City,
Branches XVII and XVIII at Batac, and Branch XIX at Bangui;
 Six branches (Braches XX to XXV) for the province of Ilocos Sur,
Branches XX and XXI with seats at Vigan, Branch XXII at
Narvacan, Branch XXIII at Candon, Branch XXIV at Cabugao, and
Branch XXV at Tagudin;
Nine branches (Branches XXVI to XXXIV) for the province of La
Union, Branches XXVI to XXX with seats at San Fernando,
Branches XXXI and XXXII at Agoo, Branch XXXIII at Bauang, and
Branch XXXIV at Balaoan;
Two branches (Branches XXXV and XXXVI) for the province of
Mountain province, with seats at Bontoc; and
Twenty-one branches (Branches XXXVII to LVII) for the province of
Pangasinan and the citie sof dagupan and san Carlos, Branches
XXXVII to XXXIX with seats at Lingayen, Branches XL to XLIV at
dagupan, Branches XLV to XLIX at Urdaneta, Branch L at Villasis,
Branches LI and LII at Tayug, Branch LIII at Rosalaes, Branches
LIV and LV at Alaminos, and Branch LVI and LVII at san Carlos.
(b) Thirty-two Regional Trial Judges shall be commissioned for the Second
Judicial region. There shall be:
Twelve branches (Branches I to XII) for the province of Cagayan,
Branches I to V with seats at Tuguegarao, Branches VI to X at
Aparri, Branch XI at Tuao, and Branch XII at Sanchez Mira;
One branch (Branch XIII) for the province of Batanes, with seat at
Basco;
Two branches (Branches XIV and XV) for the province of Ifugao,
Branch XIV with seat at Lagawe, and Branch XV at Potia;
Nine branches (Branches XVI to XXIV) for the province of Isabela,
Branches XVI to XVIII with seats at Ilagan, Branches XIX and XX at
cauayan, Branch XXI at Santiago, Branch XXII at Cabagan, Branch
XXIII at Roxas, and Branch XXIV at Echague;
Two branches (Branches XXV and XXVI) for the province of
kalinga-Apayao, Branch XXV with seat at Tabuk, and Branch XXVI
at Luna;
Four branches (Branches XXVII to XXX) for the province of Nueva
Vizcaya, Branches XXVII to XXIX with seats at Bayombong, and
Branch XXX at Bambang;
Two branches (Branches XXXI and XXXII) for the province of
Quirino, with seats at Cabarroguis.
(c) Seventy-five Regional Trial judges shall be commissioned for the Third
Judicial Region. There shall be:
Five branches (Branches I to V) for the province of Bataan,
Branches I to III with seats at Balanga, Branch IV at Mariveles, and
Branch V at Dinalupihan;
Seventeen branches (Branches VI to XXII) for the province of
Bulacan (except the municipality of Valuenzuela), with seats at
Malolos;
Eighteen branches (Branches XXIII to XL) for the province of
Nueva Ecija and the cities of Cabanatuan, San Jose and Palayan,
Branches XXIII to XXX with seats at Cabanatuan City, Branches
XXXI to XXXIII at Guimba, Branches XXXIV to XXXVI at Gapan,
Branch XXXVII at Sto. Domingo, Branches XXXVIII and XXXIX at
San Jose, and Branch XL at Palayan.
Twenty-two branches (Branches XLI to LXII) for the province of
Pampanga and the city of Angeles, Branches XLI to XLVIII with
seats at San Fernando, Branches XLIX to LIII at Guagua, Branches
LIV and LV at Macabebe, and Branches LVI to LXII at Angeles City;
Six branches (Branches LXIII to LXVIII) for the province of Tarlac,
Branches LXVI at Capas, Branch LXVII at Paniqui, and Branch
LXVIII at Camiling; and
Seven branches (Branches LXIX to LXXV) for the province of
Zambales and the city of Olongapo, Branches LXIX to LXXI with
seats at Iba and Branches LXXII to LXXV at Olongapo City
(d) One hundred seventy-two (172) Regional Trial Judges shall be
commissioned for the National Capital Judicial Region. There shall be:
Fifty-five branches (Branches 1 to 55) for the City of Manila, wit
seats thereat;
Thirty-two branches (Branches 76 to 107) for Quezon City, with
seats thereat;
Twelve branches (Branches 108 to 119) for Pasay City, with seats
thereat;
Twelve branches (Branches 120 to 131) for Caloocan City, with
seats thereat;
 Fifty-eight branches (Branches 56 to 74 and 132 to 170) for the
Municipalities of Navotas, Malabon, San Juan, Madaluyong,
Makati, Pasig, Pateros, Taguig, Marikina, Paraaque, Las Pias,
and Muntinlupa; Branches 67 to 71 and 151 to 168 at Pasig; and
Branches 72 to 74, 169 and 170 at Malabon; and
Three branches (Branches 75, 171 and 172) for the municipality of
Valenzuela, with seats thereat. (As amended by EO No. 33, July
30, 1986.)
(e) Eihty-two Regional Trial Judges shall be commissioned for the Fourth
Judicial Region. There shall be:
Fourteen branches (Branches I to XIV) for the province of Batangas
and the cities of Lipa and Batangas, Branches I to VI with seats at
Batangas City, Branch V at Lemery, Branches VI to VIII at Tanuan,
Branches IX to XI at Balayan, Branches XII and XIII at Lipa, and
Branch XIV at Nasugbu;
Nine branches (Branches XV to XXIII) for the province of Cavite
and the cities of Cavite, Tagaytay and Trece Matires, Branch XV
with seat at Naic, Branches XVII at Cavite City, Branch XVIII at
Tagayatay City, Branch XIX at Bacoor, Branches XX to XXII at
Imus, and Branch XXIII at Trece Martires;
Fourteen branches (Branches XXIV to XXXVII) for the province of
Laguna and the city of San Pablo, Branches XXVIII at Sta. Cruz,
Branches XXIX to XXXII at San Pable City, Branch XXXIII at
Siniloan, and Branches XXXIV to XXXVI at Calamba;
One branch (Branch XXXVIII) for the province of Marinduque, with
seat at Boac;
Five branches (Branches XXXIX to XLIII) for the province of
Mindoro Oriental, Branches XXXIX to XL with seats at Calapan,
Branches XLI and XLII at Pinamalayan, and Branch XLII at Roxas;
Three branches (Branches XLVII to XLVI) for the province of
Mindoro Occidental, Branch XLIV with seat at Mamburao, and
Branches XLV and XLVI at San Jose;
Six branches (Branches XLVII to LII) for the province of Palawan
and the city of Puerto Princesa, with seats at Puerto Princesa City;
Thirteen branches (Branches LIII to LXV) for the province of
Quezon and the city of Lucena, Branches LIII to LX with seats at
Lucena City, Branches LXI and LXII at Gumaca, Branch LXIII at
Calauag, Branch LXIV at Mauban, and Branch LXV at Infanta;
One branchj(Branch LXVI) for the province of Aurora, with seat at
Baler;
Fourteen branches (Branches LXVII to LXXX) for the province of
Rizal except the cities and municipalities embraced within the
National Capital Judicial Region, Branches LXVII to LXX with seats
at Binangonan, Branches LXXI to LXXIV at Antipolo, Branches
LXXV to LXXVII at San Mateo, and Branches LXXVIII to LXXX at
Morong; and
Two branches (Branches LXXXI and LXXXII) for the province of
Romblon, Branch LXXXI with seat at Romblon, and Branch LXXXII
at Odiongan.
(f) Fifty-five Regional Trial Judges shall be commissioned for the Fifth
Judicial Region. There shall be:
Eighteen branches (Branches I to XVIII) for the province of Albay
and the city of Legaspi, Branches I to X with seats at Legaspi City,
Branches XI to XIV at Ligao, and Branches XV to XVIII at Tabaco;
Nineteen branches (Branches XIX to XXXVII) for the province of
Camarines Sur and the cities of Naga and Iriga, Branches XIX to
XXVIII with seats at Naga City, Branch XXIX at Libmanan, Branch
XXX at Tigaon, Braches XXXI to XXXIII at Pili, and Branches
XXXIV to XXXVII at Iriga City;
Four branches (Branches XXXVIII to XLII) for the province of
Camarines Norte, with seat at Daet;
Two branches (Branches XLII and XLII) for the province of
Catanduanes, with seats at Virac;
Seven branches (Branches XLIV to L) for the province of Masbate,
Branches XLIV to XLVIII with seats at Masbate, Branch XLIX at
Cataingan, and Branch L at San Jacinto; and
Five branches (Branches LI to LV) for the province of Sorsogon,
Branches LI to LIII with seats at Sorsogon, Branch LVI at Gubat,
and Branch LV at Irosin.
(g) Sixty-three Regional Trial Judges shall be commissioned for the Sixth
Judicial Region. There shall be:
Nine branches (Branches I to IX) for the province of Aklan, with
seats at Kalibo;
 Four branches (Branches X to XIII) for the province of Antique,
Branches X to XII with seats at San Jose, and Branch XIII and
Culasi;
Eighr branches (Branches XIV to XXI) for the province of Capiz and
the city of Roxas, Branches XIV to XIX with seats at Roxas City and
Branches XX and XXI at Mambusao;
Eighteen branches (Branches XXII to XXXIX) for the province of
Iloilo, the subprovince of Guimaras, and the city of Iloilo, with seats
at Iloilo City; and
Twenty-four branches (Branches XL to LXIII) for the province of
Negros Occidental, and the cities of Bacolod,Bago, Cadiz, La
Carlota, San Carlos and Silay, Branch XL with seat at Silay City,
Branches XLI to LIV at Bacolod City, Branches LV and LVI at
Himamaylan, Branches LVII to LIX at Kabankalan, Branch LXII at
Bago City, and Branch LXII at La Carlota City.
(h) Forty-six Regional Trial Judges shall be commissioned for the Seventh
Judicial Region. There shall be:
Four branches (Branches I to IV) for the province of Bohol and the
city of Tagbilaran, with seats at Tagbilaran City;
Twenty-five branches (Branches V to XXIX) for the province of
Cebu and the cities of Cebu, Danao, Lapu-Lapu, Mandaue and
Toledo, Branches V to XXIV with seats at Cebu City, Branch XXV at
Danao City, Branch XXVI at Argao, Branch XXVII at Lapu-Lapu
City, Branch XXVIII at Mandaue City, and Branch XXIX at Toledo
City;
Sixteen branches (Branches XXX to XLV) for the province of
Negros Oriental and the cities of Dumaguete, Bais and Canlaon,
Branches XXX to XLIV with seats at Dumaguete City, and Branch
XLV at Bais City; and
One branch (Branch XLVI) for the province of Siquijor, with seat at
Larena.
(i) Thirty-three Regional Trial Judges shall be commissioned for the Eighth
Judicial Region. There shall be:
Five branches (Branches I to V) for the province of Eastern Samar,
Branches I and II with seats at Borongan, Branch III at Guiuan,
Branch IV at Dolores, and Branch V at Oras;
Thirteen branches (Branches VI to XVIII) for the province of Leyte,
the sub-province of Biliran, and the cities of Ormoc and Tacloban,
Branches VI and IX with seats at Tacloban City, Branch X at
Abuyog, Branch XI at Calubian, Branch XII at Ormoc City, Branch
XIII at Carigara, Branch XIV at Baybay, Branch XV at Burauen,
Branch XVI at Naval, Branch XVII at Palompon, and Branch XVIII
at Hilongos;
Five branches (Branches XIX to XXIII) for the province of Northern
Samar, Branches XIX and XX with seats at Catarman, Branches
XXI and XXII at Laoang, and Branch XXIII at Allen;
Three branches (Branches XXIV to XXVI) for the province of
Southern Leyte, Branches XXIV and XXV with seats at Maasin, and
Branch XXVI at San Juan; and
Seven branches (Branches XXVII to XXXIII) for the province of
Samar and the city of Calbayog, Branches XXVII to XXIX with seats
at Catbalogan, Branch XXX at Basey, Branches XXXI and XXXII at
Calbayog City, and Branch XXXIII at Calbiga.
(j) Twenty-four Regional Trial Judges shall be commissioned for the Ninth
Judicial Region. There shall be:
Two branches (Branches I and II) for the province of Basilan, with
seats at Isabela;
Two branches (Branches III and IV) for the province of Sulu, Branch
III with seat at Jolo, and Branch IV at Parang;
One branch (Branch V) for the province of Tawi-Tawi, with seat at
Bongao;
Six branches (Branches VI to XI) for the province of Zamboanga
del Norte, and the cities of Dipolog and Dapitan, Branches VI to X
seats at Dipolog City, and Branch XI at Sindangan; and
Thirteen branches (Branches XII to XXIV) for the province of
Zamboanga del Sur and the cities of Pagadian and Zamboanga
Branches XII to XVII with seats at Zamboanga City, Branches, XVIII
to XXII at Pagadian City, Branch XXIII at Molave, and Branch XXIV
at Ipil.
(k) Thirty-two Regional Trial Judges shall be commissioned for the Tenth
Judicial Region. There shall be:
Five branches (Branches I to V) for the province of Agusan del
Norte and the city of Butuan, with seats at Butuan City;
 Two branches (Branches VI and VII) for the province of Agusan del
Sur, Branches VI with seat at Prosperidad and Branch VII with seat
at Bayugan;
Four branches (Branches VIII to XI) for the province of Bukidnon,
Branches VIII to X with seats at Malaybalay and Branch XI at
Manalo Fortich;
Five branches (Branches XII to XI) for the province of Misamis
Occidental and the cities of Oroquieta, Ozamis, and Tangub,
Branches XII to XIV with seats at Oroquieta City, Branch XV at
Ozamis City, and Branch XVI at Tangub City;
Eleven branches (Branches XVII to XXVII) for the province of
Misamis Oriental and the cities of Cagayan de Oro and Gingoog,
Branches XVII to XXV with seats at Cagayan de Oro City, Branch
XXVI at Medina, and Branch XXVII at Gingoog City;
One branch (Branch XXVIII) for the province of Camiguin, with seat
at Mambajao; and
Four branches (Branches XXIX to XXXII) for the province of
Surigao del Norte and the City of Surigao, Branches XXIX and XXX
with seats at Surigao City, Branch XXXI at Dapa, and Branch XXXII
at Dinagat, Dinagat Island.
(l) Twenty-nine Regional Trial Judges shall be commissioned for the
Eleventh Judicial Region. There shall be
Four branches (Branches I to IV) for the province of Davao del
Norte, Branches I and II with seats at Tagum, Branch III at
Nabunturan, and Branch IV at Panabo;
Three branches (Branches V to VII) for the province of Davao
Oriental, Branches V and VI with seats at Mati and Branch VII at
Banganga;
Fourteen branches (Branches VIII to XXI) for the province of Davao
del Sur and the city of Davao, Branches VIII to XVII with seats at
Davao City, Branches XVIII and XIX at Digos, Branch XX at
Malinta, and Branch XXI a Bansalan;
Five Branches (Branches XXII to XXVI) for the province of South
Cotabato and the city of General Santos, Branches XXII and XXIII
with seats at General Santos City, Branches XXIV and XXV at
Koronadal, and Branch XXVI at Surallah; and
Three branches (Branches XXVII to XXIX) for the province of
Surigao del Sur, Branch XXVII with seat at Tandag, Branch XXVIII
at Lianga, and Branch XXIX at Bislig.
(m) Twenty Regional Trial Judges shall be commissioned for the Twelfth
Judicial Region. There shall be:
Seven branches (Branches I to VII) for the province of Lanao del
Norte and the city of Iligan, Branches I to VI with seats at Iligan
City, and Branch VII at Tubod;
Five branches (Branches VIII to XII) for the province of Lanao del
Sur and the city of Marawi, Branches VIII to X with seats at Marawi
City, and Branches XI and XII at Malabang;
Three branches (Branches XIII to XV) for the province of
Maguindanao and the city of Cotabato, Branches XIII and XIV with
seats at Cotabato City, and Branch XV at Maganoy;
Three branches (Branches XVI to XVIII) for the province of North
Cotabato, Branch XVI with seat at Kabacan, Branch XVII at
Kidapawan, and Branch XVIII at Missayap; and
Two branches (Branches XIX and XX) for the province of Sultan
Kudarat, Branch XIX, with seat at Isulan, and Branch XX at
Tacurong.
Section 15. Qualifications. No persons shall be appointed Regional Trial Judge
unless he is a natural-born citizen of the Philippines, at least thirty-five years of age,
and for at least ten years, has been engaged in the practice of law in the Philippines
or has held a public office in the Philippines requiring admission to the practice of law
as an indispensable requisite.
Section 16. Time and duration of sessions. The time and duration of daily sessions
of the Regional Trial Courts shall be determined by the Supreme Court: Provided,
however, That all motions, except those requiring immediate action, shall be heard in
the afternoon of every Friday, unless it falls on a holiday, in which case, the hearing
shall be held on the afternoon of the next succeeding business day: Provided, further,
That the Supreme Court may, for good reasons, fix a different motion day in specified
areas
Section 17. Appointment and assignment of Regional Trial Judges. Every Regional
Trial Judge shall be appointed to a region which shall be his permanent station, and
his appointment shall state the branch of the court and the seat thereof to which he
shall be originally assigned. However, the Supreme Court may assign temporarily a
Regional Trial Judge to another region as public interest may require, provided that
such temporary assignment shall not last longer than six (6) months without the
consent of the Regional Trial Judge concerned.
A Regional Trial Judge may be assigned by the Supreme Court to any branch or city
or municipality within the same region as public interest may require, and such
assignment shall not be deemed an assignment to another station within the meaning
of this section.
Section 18. Authority to define territory appurtenant to each branch. The Supreme
Court shall define the territory over which a branch of the Regional Trial Court shall
exercise its authority. The territory thus defined shall be deemed to be the territorial
area of the branch concerned for purposes of determining the venue of all suits,
proceedings or actions, whether civil or criminal, as well as determining the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
over the said branch may exercise appellate jurisdiction. The power herein granted
shall be exercised with a view to making the courts readily accessible to the people of
the different parts of the region and making the attendance of litigants and witnesses
as inexpensive as possible.
Section 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive
original jurisdiction:
(1) In all civil actions in which the subject of the litigation is incapable of
pecuniary estimation;
(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value of the property
involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in
Metro Manila, where such the value exceeds Fifty thousand pesos
(50,000.00) except actions for forcible entry into and unlawful detainer of
lands or buildings, original jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts;
(3) In all actions in admiralty and maritime jurisdiction where he demand or
claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro
Manila, where such demand or claim exceeds Two hundred thousand pesos
(200,000.00);
(4) In all matters of probate, both testate and intestate, where the gross
value of the estate exceeds One hundred thousand pesos (P100,000.00) or,
in probate matters in Metro Manila, where such gross value exceeds Two
hundred thousand pesos (200,000.00);
(5) In all actions involving the contract of marriage and marital relations;
(6) In all cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising jurisdiction or any court, tribunal, person or body
exercising judicial or quasi-judicial functions;
(7) In all civil actions and special proceedings falling within the exclusive
original jurisdiction of a Juvenile and Domestic Relations Court and of the
Courts of Agrarian Relations as now provided by law; and
(8) In all other cases in which the demand, exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses, and costs or the value of
the property in controversy exceeds One hundred thousand pesos
(100,000.00) or, in such other abovementioned items exceeds Two hundred
thousand pesos (200,000.00). (as amended by R.A. No. 7691*)
Section 20. Jurisdiction in criminal cases. Regional Trial Courts shall exercise
exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction
of any court, tribunal or body, except those now falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively
taken cognizance of by the latter.
Section 21. Original jurisdiction in other cases. Regional Trial Courts shall exercise
original jurisdiction:
(1) In the issuance of writs of certiorari, prohibition, mandamus, quo
warranto, habeas corpus and injunction which may be enforced in any part
of their respective regions; and
(2) In actions affecting ambassadors and other public ministers and consuls.
Section 22. Appellate jurisdiction. Regional Trial Courts shall exercise appellate
jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts in their respective territorial jurisdictions. Such
cases shall be decided on the basis of the entire record of the proceedings had in the
court of origin and such memoranda and/or briefs as may be submitted by the parties
or required by the Regional Trial Courts. The decision of the Regional Trial Courts in
such cases shall be appealable by petition for review to the
Court of Appeals which may give it due course only when the petition shows prima
facie that the lower court has committed an error of fact or law that will warrant a
reversal or modification of the decision or judgment sought to be reviewed.
Section 23. Special jurisdiction to try special cases. The Supreme Court may
designate certain branches of the Regional Trial Courts to handle exclusively criminal
cases, juvenile and domestic relations cases, agrarian cases, urban land reform
cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies,
and/or such other special cases as the Supreme Court may determine in the interest
of a speedy and efficient administration of justice.
Section 24. Special Rules of Procedure. Whenever a Regional Trial Court takes
cognizance of juvenile and domestic relation cases and/or agrarian cases, the special
rules of procedure applicable under present laws to such cases shall continue to be
applied, unless subsequently amended by law or by rules of court promulgated by the
Supreme Court.
 CHAPTER III
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL
CIRCUIT TRIAL COURTS
Section 25. Establishment of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts. There shall be created a Metropolitan Trial Court in
each metropolitan area established by law, a Municipal Trial Court in each of the other
cities or municipalities, and a Municipal Circuit Trial Court in each circuit comprising
such cities and/or municipalities as are grouped together pursuant to law.
Section 26. Qualifications. No person shall be appointed judge of a Metropolitan
Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court unless he is a
natural-born citizen of the Philippines, at least 30 years of age, and, for at least five
years, has been engaged in the practice of law in the Philippines, or has held a public
office in the Philippines requiring admission to the practice of law as an indispensable
requisite.
Section 27. Metropolitan Trial Courts of the National Capital Region. There shall be
a Metropolitan Trial Court in the National Capital Region, to be known as the
Metropolitan Trial Court of Metro Manila, which shall be composed of eighty-two (82)
branches. There shall be:
Thirty branches (Branches I to XXX) for the city of Manila with seats thereat;
Thirteen branches (Branches XXXI to XLIII) for Quezon City with seats
thereat;
Five branches (Branches XLIV to XLVIII) for Pasay City with seats thereat;
Five branches (Branches XLIX to LIII) for Caloocan City with seats thereat;
One branch (Branch LIV) for Navotas with seat thereat;
Two branches (Branches LV and LVI) for Malabon with seats thereat;
Two branches (Branches LVII and LVIII) for San Juan with seats thereat;
Two branches (Branches LIX and LX) for Mandaluyong with seats thereat;
Seven branches (Branches LXI and LXVII) for Makati with seats thereat;
Five branches (Branches LXVIII to LXXII) for Pasig with seats thereat;
One branch (Branch LXXIII) for Pateros with seat thereat;
One branch (Branch LXXIV) for Taguig with seat thereat;
Two branches (Branches LXXV and LXXVI) for Marikina with seats thereat;
Two branches (Branches LXXVII and LXXVIII) for Paraaque with seats
thereat;
One branch (Branch LXXIX) for Las Pias with seat thereat;
One branch (Branch LXXX) for Muntinlupa with seat thereat;
Two branches (Branches LXXXI and LXXXII) for Valenzuela with seats
thereat;
Section 28. Other Metropolitan Trial Courts. The Supreme Court shall constitute
Metropolitan Trial Courts in such other metropolitan areas as may be established by
law whose territorial jurisdiction shall be co-extensive with the cities and municipalities
comprising the metropolitan area.
Every Metropolitan Trial Judge shall be appointed to a metropolitan area which shall
be his permanent station and his appointment shall state branch of the court and the
seat thereof to which he shall be originally assigned. A Metropolitan Trial Judge may
be assigned by the Supreme Court to any branch within said metropolitan area as the
interest of justice may require, and such assignment shall not be deemed an
assignment to another station within the meaning of this section.
Section 29. Municipal Trial Courts in cities. In every city which does not form part of
a metropolitan area, there shall be a Municipal Trial Court with one branch, except as
hereunder provided:
Two branches for Laoag City;
Four branches for Baguio City;
Three branches for Dagupan City;
Five branches for Olongapo City;
Three branches for Cabanatuan City;
Two branches for San Jose City;
Three branches for Angeles City;
Two branches for Cavite City;
Two branches for Batangas City;
Two branches for Lucena City;
Three branches for Naga City;
Two branches for Iriga City;
Three branches for Legaspi City;
Two branches for Roxas City;
Four branches for Iloilo City;
Seven branches for Bacolod City;
Two branches for Dumaguete City;
Two branches for Tacloban City;
Eight branches for Cebu City;
Three branches for Mandaue City;
Two branches for Tagbilaran City;
Two branches for Surigao City;
Two branches for Butuan City;
Five branches for Cagayan de Oro City;
Seven branches for Davao City;
Three branches for General Santos City;
Two branches for Oroquieta City;
Three branches for Ozamis City;
Two branches for Dipolog City;
Four branches for Zamboanga City;
Two branches for Pagadian City; and
Two branches for Iligan City.
Section 30. Municipal Trial Courts. In each of the municipalities that are not
comprised within a metropolitan area and a municipal circuit there shall be a
Municipal Trial Court which shall have one branch, except as hereunder provided:
Two branches for San Fernando, La Union;
Four branches for Tuguegarao;
Three branches for Lallo, and two branches for Aparri, both of Cagayan;
Two branches for Santiago, Isabela;
Two branches each for Malolos, Meycauayan and Bulacan, all of Bulacan
Province;
Four branches for San Fernando and two branches for Guagua, both of
Pampanga;
Two branches for Tarlac, Tarlac;
Two branches for San Pedro, Laguna; and
Two branches each for Antipolo and Binangonan, both in Rizal.
Section 31. Municipal Circuit Trial Court. There shall be a Municipal Circuit Trial
Court in each area defined as a municipal circuit, comprising one or more cities
and/or one or more municipalities. The municipalities comprising municipal circuits as
organized under Administrative Order No. 33, issued on June 13, 1978 by the
Supreme Court pursuant to Presidential Decree No. 537, are hereby constituted as
municipal circuits for purposes of the establishment of the Municipal Circuit Trial
Courts, and the appointment thereto of Municipal Circuit Trial Judges: Provided,
however, That the Supreme Court may, as the interests of justice may require, further
reorganize the said courts taking into account workload, geographical location, and
such other factors as will contribute to a rational allocation thereof, pursuant to the
provisions of Presidential Decree No. 537 which shall be applicable insofar as they
are not inconsistent with this Act.
Every Municipal Circuit Trial Judge shall be appointed to a municipal circuit which
shall be his official station.
The Supreme Court shall determine the city or municipality where the Municipal
Circuit Trial Court shall hold sessions.
Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in criminal cases. Except in cases falling within the
exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
shall exercise:
(1) Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine,
and regardless of other imposable accessory or other penalties, including
the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value, or amount thereof: Provided,
however, That in offenses involving damage to property through criminal
negligence they shall have exclusive original jurisdiction thereof. (as
amended by R.A, No. 7691)
Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in civil cases. Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over civil actions and probate proceedings,
testate and intestate, including the grant of provisional remedies in proper
cases, where the value of the personal property, estate, or amount of the
demand does not exceed One hundred thousand pesos (P100,000.00) or, in
Metro Manila where such personal property, estate, or amount of the
demand does not exceed Two hundred thousand pesos (P200,000.00)
exclusive of interest damages of whatever kind, attorney's fees, litigation
expenses, and costs, the amount of which must be specifically alleged:
Provided, That where there are several claims or causes of action between
the same or different parties, embodied in the same complaint, the amount
of the demand shall be the totality of the claims in all the causes of action,
irrespective of whether the causes of action arose out of the same or
different transactions;
(2) Exclusive original jurisdiction over cases of forcible entry and unlawful
detainer: Provided, That when, in such cases, the defendant raises the
question of ownership in his pleadings and the question of possession
cannot be resolved without deciding the issue of ownership, the issue of
ownership shall be resolved only to determine the issue of possession.
(3) Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed
value of the property or interest therein does not exceed Twenty thousand
pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed
value does not exceed Fifty thousand pesos (P50,000.00) exclusive of
interest, damages of whatever kind, attorney's fees, litigation expenses and
costs: Provided, That value of such property shall be determined by the
assessed value of the adjacent lots. (as amended by R.A. No. 7691)
Section 34. Delegated jurisdiction in cadastral and land registration cases.
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
may be assigned by the Supreme Court to hear and determine cadastral or land
registration cases covering lots where there is no controversy or opposition, or
contested lots the where the value of which does not exceed One hundred thousand
pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or
by agreement of the respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decisions in these cases shall
be appealable in the same manner as decisions of the Regional Trial Courts. (as
amended by R.A. No. 7691)
Section 35. Special jurisdiction in certain cases. In the absence of all the Regional
Trial Judges in a province or city, any Metropolitan Trial Judge, Municipal Trial Judge,
Municipal Circuit Trial Judge may hear and decide petitions for a writ of habeas
corpus or applications for bail in criminal cases in the province or city where the
absent Regional Trial Judges sit.
Section 36. Summary procedures in special cases. In Metropolitan Trial Courts and
Municipal Trial Courts with at least two branches, the Supreme Court may designate
one or more branches thereof to try exclusively forcible entry and unlawful detainer
cases, those involving violations of traffic laws, rules and regulations, violations of the
rental law, and such other cases requiring summary disposition as the Supreme Court
may determine. The Supreme Court shall adopt special rules or procedures
applicable to such cases in order to achieve an expeditious and inexpensive
determination thereof without regard to technical rules. Such simplified procedures
may provide that affidavits and counter-affidavits may be admitted in lieu of oral
testimony and that the periods for filing pleadings shall be non-extendible.
Section 37. Preliminary investigation. Judges of Metropolitan Trial Courts, except
those in the National Capital Region, of Municipal Trial Courts, and Municipal Circuit
Trial Courts shall have authority to conduct preliminary investigation of crimes alleged
to have been committed within their respective territorial jurisdictions which are
cognizable by the Regional Trial Courts.
The preliminary investigation shall be conducted in accordance with the procedure
prescribed in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No.
911: Provided, however, That if after the preliminary investigation the Judge finds
a prima facie case, he shall forward the records of the case to the Provincial/City
Fiscal for the filing of the corresponding information with the proper court.
No warrant of arrest shall be issued by the Judge in connection with any criminal
complaint filed with him for preliminary investigation, unless after an examination in
writing and under oath or affirmation of the complainant and his witnesses, he finds
that a probable cause exists.
Any warrant of arrest issued in accordance herewith may be served anywhere in the
Philippines.
Section 38. Judgments and processes.
 (1) All judgments determining the merits of cases shall be in writing, stating
clearly the facts and the law on which they were based, signed by the Judge
and filed with the Clerk of Court. Such judgment shall be appealable to the
Regional Trial Courts in accordance with the procedure now prescribed by
law for appeals to the Court of First Instance, by the provisions of this Act,
and by such rules as the Supreme Court may hereafter prescribe.
(2) All processes issued by the Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts, in cases falling within their
jurisdiction, may be served anywhere in the Philippines without the necessity
of certification by the Judge of the Regional Trial Court.
CHAPTER IV
GENERAL PROVISIONS
Section 39. Appeals. The period for appeal from final orders, resolutions, awards,
judgments, or decisions of any court in all cases shall be fifteen (15) days counted
from the notice of the final order, resolution, award, judgment, or decision appealed
from: Provided however, That in habeas corpus cases, the period for appeal shall be
forty-eight (48) hours from the notice of the judgment appealed from.
No record on appeal shall be required to take an appeal. In lieu thereof, the entire
record shall be transmitted with all the pages prominently numbered consecutively,
together with an index of the contents thereof.
This section shall not apply in appeals in special proceedings and in other cases
wherein multiple appeals are allowed under applicable provisions of the Rules of
Court.
Section 40. Form of decision in appealed cases. Every decision of final resolution
of a court in appealed cases shall clearly and distinctly state the findings of fact and
the conclusions of law on which it is based, which may be contained in the decision or
final resolution itself, or adopted by reference from those set forth in the decision,
order, or resolution appealed from.
Section 41. Salaries. Intermediate Appellate Justices, Regional Trial Judges,
Metropolitan Trial Judges, Municipal Trial Judges, and Municipal Circuit Trial Judges
shall receive such compensation and allowances as may be authorized by the
President along the guidelines set forth in Letter of Implementation No. 93 pursuant to
Presidential Decree No. 985, as amended by Presidential Decree No. 1597.
Section 42. Longevity pay. A monthly longevity pay equivalent to 5% of the monthly
basic pay shall be paid to the Justices and Judges of the courts herein created for
each five years of continuous, efficient, and meritorious service rendered in the
judiciary; Provided, That in no case shall the total salary of each Justice or Judge
concerned, after this longevity pay is added, exceed the salary of the Justice or Judge
next in rank.
Section 43. Staffing pattern. The Supreme Court shall submit to the President,
within thirty (30) days from the date of the effectivity of this Act, a staffing pattern for
all courts constituted pursuant to this Act which shall be the basis of the implementing
order to be issued by the President in accordance with the immediately succeeding
section.
Section 44. Transitory provisions. The provisions of this Act shall be immediately
carried out in accordance with an Executive Order to be issued by the President. The
Court of Appeals, the Courts of First Instance, the Circuit Criminal Courts, the
Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations, the City
Courts, the Municipal Courts, and the Municipal Circuit Courts shall continue to
function as presently constituted and organized, until the completion of the
reorganization provided in this Act as declared by the President. Upon such
declaration, the said courts shall be deemed automatically abolished and the
incumbents thereof shall cease to hold office. The cases pending in the old Courts
shall be transferred to the appropriate Courts constituted pursuant to this Act,
together with the pertinent functions, records, equipment, property and the necessary
personnel.
The applicable appropriations shall likewise be transferred to the appropriate courts
constituted pursuant to this Act, to be augmented as may be necessary from the
funds for organizational changes as provided in Batas Pambansa Blg. 80. Said
funding shall thereafter be included in the annual General Appropriations Act.
Section 45. Shari'a Courts. Shari'a Courts to be constituted as provided for in
Presidential Decree No. 1083, otherwise known as the "Code of Muslim Personal
Laws of the Philippines," shall be included in the funding appropriations so provided
in this Act.
Section 46. Gratuity of judges and personnel separated from office. All members of
the judiciary and subordinate employees who shall be separated from office by
reason of the reorganization authorized herein, shall be granted a gratuity at a rate
equivalent to one month's salary for every year of continuous service rendered in any
branch of the government or equivalent nearest fraction thereof favorable to them on
the basis of the highest salary received: Provided, That such member of the judiciary
or employee shall have the option to retire under the Judiciary Retirement Law or
general retirement law, if he has met or satisfied the requirements therefor.
Section 47. Repealing clause. The provisions of Republic Act No. 296, otherwise
known as the Judiciary Act of 1948, as amended, of Republic Act No. 5179 as
amended, of the Rules of Court, and of all other statutes, letters of instructions and
general order or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or accordingly modified.
Section 48. Date of Effectivity. This Act shall take effect immediately.
Approved: August 14, 1981
 ADMINISTRATIVE CIRCULAR NO. 09-94 June 14, 1994
TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURT,
METROPOLITAN TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURT, ALL MEMBERS OF THE
GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES
SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACT NO. 7691.
ENTITLED "AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL TRIAL COURTS
AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE
BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS THE 'JUDICIARY
REORGANIZATION ACT OF 1980."
For the guidance of the bench and the Bar, the following guidelines are to be followed
in the implementation of Republic Act No. 7691, entitled "An Act Expanding the
Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129, Otherwise
Known as the 'Judiciary Reorganization Act of 1980":
1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in civil and
original cases, and in cadastral and land registration cases, under Section
19, 32, 33 and 34 of B.P. Blg. 129, as amended by R.A. No. 7691. Was
effective on April 15, 1994, fifteen (15) days after the publication in the
Malaya and in the Times Journal on March 30, 1994, pursuant to Section 8
of the R.A. No. 7691.
2. The exclusion of the term "damages of whatever kind" in determining the
jurisdictional amount under Section 19 (8) and Section 33 (1) of B.P. Blg.
129, as amended by R.A. No. 7691, applies to cases where the damages
are merely incidental to or a consequence of the main cause of action.
However, in cases where the claim for damages is the main cause of action,
or one of the causes of action, the amount of such claim shall be considered
in determining the jurisdiction of the court.
3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Trial Courts under Section 32 (2) of B.P. Blg. 129, as
amended by R.A. No. 7691, has been increased to cover offenses
punishable with imprisonment not exceeding six (6) years irrespective of the
amount of the fine. As a consequence, the Regional Trial Courts have no
more original jurisdiction over offenses committed by public officers and
employees in relation to their office, where the offense is punishable by more
than four (4) years and two (2) months up to six (6) years.
4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A. No.
7691, apply only to offenses punishable by imprisonment or fine, or both, in
which cases the amount of the fine is disregarded in determining the
jurisdiction of the court. However, in cases where the only penalty provided
by law is a fine, the amount thereof shall determine the jurisdiction of the
court in accordance with the original provisions of Section 32 (2) of B.P. Blg.
129 which fixed original exclusive jurisdiction of the Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts over
offenses punishable with a fine of not more than four thousand pesos. If the
amount of the fine exceeds four thousand pesos, the Regional Trial Court
shall have jurisdiction, including offenses committed by public officers and
employees in relation to their office, where the amount of the fine does not
exceed six thousand pesos.
However, this rule does not apply to offenses involving damage to property
through criminal negligence which are under the exclusive original
jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts, irrespective of the amount of the imposable
fine.
Manila, June 14, 1994.
(Sgd.) ANDRES R. NARVASA
Chief Justice
RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15, 1991
PROVIDING FOR THE REVISED RULE ON SUMMARY PROCEDURE FOR
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS.
Pursuant to Section 36 of the Judiciary Reorganization Act of 1980 (B.P Blg.
129) and to achieve an expeditious and inexpensive determination of the cases
referred to herein, the Court Resolved to promulgate the following Revised Rule
on Summary Procedure:chanroblesvirtuallawlibrary
I.
Applicability
Section 1. Scope. This rule shall govern the summary procedure in the
Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal
Trial Courts, and the Municipal Circuit Trial Courts in the following cases falling
within their jurisdiction:chanroblesvirtuallawlibrary
A. Civil Cases:chanroblesvirtuallawlibrary
(1) All cases of forcible entry and unlawful detainer, irrespective of the amount
of damages or unpaid rentals sought to be recovered. Where attorney's fees are
awarded, the same shall not exceed twenty thousand pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the total amount of
the plaintiff's claim does not exceed ten thousand pesos (P10,000.00), exclusive
of interest and costs.chanrobles virtual law library chanrobles virtual law library
 B. Criminal Cases:chanroblesvirtuallawlibrary
(1) Violations of traffic laws, rules and regulations; chanrobles virtual law library
(2) Violations of the rental law; chanrobles virtual law library
(3) Violations of municipal or city ordinances; chanrobles virtual law library
(4) All other criminal cases where the penalty prescribed by law for the offense
charged is imprisonment not exceeding six months, or a fine not exceeding
(P1,000.00), or both, irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom: Provided, however, that in
offenses involving damage to property through criminal negligence, this Rule
shall govern where the imposable fine does not exceed ten thousand pesos
(P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs cause of action is
pleaded in the same complaint with another cause of action subject to the
ordinary procedure; nor to a criminal case where the offense charged is
necessarily related to another criminal case subject to the ordinary
procedure.chanrobles virtual law library chanrobles virtual law library
Sec. 2. Determination of applicability. Upon the filing of a civil or criminal
action, the court shall issue an order declaring whether or not the case shall be
governed by this Rule A patently erroneous determination to avoid the
application of the Rule on Summary Procedure is a ground for disciplinary
action.chanrobles virtual law library chanrobles virtual law library
II.
Civil Cases
Sec. 3. Pleadings.
A. Pleadings allowed. The only pleadings allowed to be filed are the
complaints, compulsory counterclaims and cross-claims' pleaded in the
answer, and the answers thereto.
B. Verifications. All pleadings shall be verified.
Sec. 4. Duty of court. After the court determines that the case falls under
summary procedure, it may, from an examination of the allegations therein and
such evidence as may be attached thereto, dismiss the case outright on any of
the grounds apparent therefrom for the dismissal of a civil action. If no ground
for dismissal is found it shall forthwith issue summons which shall state that
the summary procedure under this Rule shall apply. d-c chanrobles virtual law
library
Sec. 5. Answer. Within ten (10) days from service of summons, the
defendant shall file his answer to the complaint and serve a copy thereof on the
plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed
waived, except for lack of jurisdiction over the subject matter. Cross-claims and
compulsory counterclaims not asserted in the answer shall be considered
barred. The answer to counterclaims or cross-claims shall be filed and served
within ten (10) days from service of the answer in which they are
pleaded.chanrobles virtual law library chanrobles virtual law library
Sec. 6. Effect of failure to answer. Should the defendant fail to answer the
complaint within the period above provided, the court, motu proprio, or on
motion of the plaintiff, shall render judgment as may be warranted by the facts
alleged in the complaint and limited to what is prayed for therein: Provided,
however, that the court may in its discretion reduce the amount of damages
and attorney's fees claimed for being excessive or otherwise unconscionable.
This is without prejudice to the applicability of Section 4, Rule 15 of the Rules
of Court, if there are two or more defendants.
Sec. 7. Preliminary conference; appearance of parties. Not later than thirty
(30) days after the last answer is filed, a preliminary conference shall be held.
The rules on pre-trial in ordinary cases shall be applicable to the preliminary
conference unless inconsistent with the provisions of this Rule.chanrobles
virtual law library chanrobles virtual law library
The failure of the plaintiff to appear in the preliminary conference shall be a
cause for the dismissal of his complaint. The defendant who appears in the
absence of the plaintiff shall be entitled to judgment on his counterclaim in
accordance with Section 6 hereof. All cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment
in accordance with Section 6 hereof. This Rule shall not apply where one of two
or more defendants sued under a common cause of action who had pleaded a
common defense shall appear at the preliminary conference.
Sec. 8. Record of preliminary conference. Within five (5) days after the
termination of the preliminary conference, the court shall issue an order stating
the matters taken up therein, including but not limited
to:chanroblesvirtuallawlibrary
(a) Whether the parties have arrived at an amicable settlement, and if so, the
terms thereof;
(b) The stipulations or admissions entered into by the parties;.
(c) Whether, on the basis of the pleadings and the stipulations and admissions
made by the parties, judgment may be rendered without the need of further
proceedings, in which event the judgment shall be rendered within thirty (30)
days from issuance of the order;
(d) A clear specification of material facts which remain controverted;
and chanrobles virtual law library
(e) Such other matters intended to expedite the disposition of the
case.chanrobles virtual law library chanrobles virtual law library
Sec. 9. Submission of affidavits and position papers. Within ten (10) days
from receipt of the order mentioned in the next preceding section, the parties
shall submit the affidavits of their witnesses and other evidence on the factual
issues defined in the order, together with their position papers setting forth the
law and the facts relied upon by them.chanrobles virtual law librarychanrobles
virtual law library
Sec. 10. Rendition of judgment. Within thirty (30) days after receipt of the
last affidavits and position papers, or the expiration of the period for filing the
same, the court shall render judgment.
However should the court find it necessary to clarify certain material facts, it
may, during the said period, issue an order specifying the matters to be
clarified, and require the parties to submit affidavits or other evidence on the
said matters within ten (10) days from receipt of said order. Judgment shall be
rendered within fifteen (15) days after the receipt of the last clarificatory
affidavits, or the expiration of the period for filing the same.
The court shall not resort to the clarificatory procedure to gain time for the
rendition of the judgment.
III.
Criminal Cases
Sec. 11. How commenced. The filing of criminal cases falling within the
scope of this Rule shall be either by complaint or by information: Provided,
however, that in Metropolitan Manila and in Chartered Cities. such cases shall
be commenced only by information, except when the offense cannot be
prosecuted de oficio. chanrobles virtual law library
The complaint or information shall be accompanied by the affidavits of the
compliant and of his witnesses in such number of copies as there are accused
plus two (2) copies for the court's files.If this requirement is not complied with
within five (5) days from date of filing, the care may be dismissed.chanrobles
virtual law library chanrobles virtual law library
Sec. 12. Duty of court. chanrobles virtual law library
(a) If commenced by compliant. On the basis of the compliant and the
affidavits and other evidence accompanying the same, the court may dismiss
the case outright for being patently without basis or merit and order the release
of the amused if in custody.
(b) If commenced by information. When the case is commenced by
information, or is not dismissed pursuant to the next preceding paragraph, the
court shall issue an order which, together with copies of the affidavits and
other evidence submitted by the prosecution, shall require the accused to
submit his counter-affidavit and the affidavits of his witnesses as well as any
evidence in his behalf, serving copies thereof on the complainant or prosecutor
not later than ten (10) days from receipt of said order. The prosecution may file
reply affidavits within ten (10) days after receipt of the counter-affidavits of the
defense.
Sec. 13. Arraignment and trial. Should the court, upon a consideration of
the complaint or information and the affidavits submitted by both parties, find
no cause or ground to hold the accused for trial, it shall order the dismissal of
the case; otherwise, the court shall set the case for arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately
arraigned and if he enters a plea of guilty, he shall forthwith be
sentenced.chanrobles virtual law library chanrobles virtual law library
Sec. 14. Preliminary conference. Before conducting the trial, the court shall
call the parties to a preliminary conference during which a stipulation of facts
may be entered into, or the propriety of allowing the accused to enter a plea of
guilty to a lesser offense may be considered, or such other matters may be
taken up to clarify the issues and to ensure a speedy disposition of the
case.However, no admission by the accused shall be used against him unless
reduced to writing and signed by the accused and his counsel.A refusal or
failure to stipulate shall not prejudice the accused.
Sec. 15. Procedure of trial. At the trial, the affidavits submitted by the
parties shall constitute the direct testimonies of the witnesses who executed
the same. Witnesses who testified may be subjected to cross-examination,
redirect or re-cross examination. Should the affiant fail to testify, his affidavit
shall not be considered as competent evidence for the party presenting the
affidavit, but the adverse party may utilize the same for any admissible
purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to testify unless
his affidavit was previously submitted to the court in accordance with Section
12 hereof.chanrobles virtual law library chanrobles virtual law library
However, should a party desire to present additional affidavits or counter-
affidavits as part of his direct evidence, he shall so manifest during the
preliminary conference, stating the purpose thereof. If allowed by the court, the
additional affidavits of the prosecution or the counter-affidavits of the defense
shall be submitted to the court and served on the adverse party not later than
three (3) days after the termination of the preliminary conference. If the
additional affidavits are presented by the prosecution, the accused may file his
counter-affidavits and serve the same on the prosecution within three (3) days
from such service.
Sec. 16. Arrest of accused. The court shall not order the arrest of the
accused except for failure to appear whenever required. Release of the person
arrested shall either be on bail or on recognizance by a responsible citizen
acceptable to the court.
Sec. 17. Judgment. Where a trial has been conducted, the court shall
promulgate the judgment not later than thirty (30) days after the termination of
trial.chanrobles virtual law library chanrobles virtual law library
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. Cases requiring referral to the Lupon for
conciliation under the provisions of Presidential Decree No. 1508 where there is
no showing of compliance with such requirement, shall be dismissed without
prejudice and may be revived only after such requirement shall have been
complied with. This provision shall not apply to criminal cases where the
accused was arrested without a warrant.chanrobles virtual law
library chanrobles virtual law library
Sec. 19. Prohibited pleadings and motions. The following pleadings,
motions or petitions shall not be allowed in the cases covered by this
Rule: chanrobles virtual law library
(a) Motion to dismiss the complaint or to quash the complaint or information
except on the ground of lack of jurisdiction over the subject matter, or failure to
comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of
trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other
paper; chanrobles virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
(h) Motion to declare the defendant in default; chanrobles virtual law library
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. The affidavits required to be submitted under this Rule
shall state only facts of direct personal knowledge of the affiants which are
admissible in evidence, and shall show their competence to testify to the
matters stated therein.
A violation of this requirement may subject the party or the counsel who
submits the same to disciplinary action, and shall be cause to expunge the
inadmissible affidavit or portion thereof from the record.chanrobles virtual law
library chanrobles virtual law library
Sec. 21. Appeal. The judgment or final order shall be appealable to the
appropriate regional trial court which shall decide the same in accordance with
Section 22 of Batas Pambansa Blg. 129. The decision of the regional trial court
in civil cases governed by this Rule, including forcible entry and unlawful
detainer, shall be immediately executory, without prejudice to a further appeal
that may be taken therefrom. Section 10 of Rule 70 shall be deemed repealed.
Sec. 22. Applicability of the regular rules. The regular procedure prescribed
in the Rules of Court shall apply to the special cases herein provided for in a
suppletory capacity insofar as they are not inconsistent herewith. chanrobles
virtual law library
Sec. 23. Effectivity. This revised Rule on Summary Procedure shall be
effective on November 15, 1991.
MALACAANG
Manila
PRESIDENTIAL DECREE No. 1606 December 10, 1978
REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO
BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSES
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;
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:
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.
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.
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 session 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:
(a) Violations of Republic Act No. 3019, as amended, otherwise, known as
the Anti-Graft and Corrupt Practices Act, and Republic Act No. 1379;
 (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.
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 therefore 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.
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 continuos 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 maybe 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.
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.
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 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.
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, information, 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 may be affected 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.
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 at the
time the case was first assigned thereto: Provided, however, That only 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;
(b) Marking for identification of documentary or real evidence of the parties;
(c) Waiver of objections to admissibility of evidence;
(d) Procedure on objections where there are multiple counsel;
(e) Order of presentation of evidence and arguments where there are
multiple accused;
(f) Order of cross-examination where there are multiple accused; and
(g) Such other matter as will promote a fair and expeditious termination of
the trial.
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.
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.
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
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 or 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.
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.
Republic of the Philippines
Congress of the Philippines
Metro Manila
 Tenth Congress
Section 4. Section 4 of the same decree is hereby further amended to read as
follows:
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand seven.
Republic Act No. 8249 February 5, 1997
AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN,
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606, AS
AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as
amended, 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 ofjustice, to be
known as the Sandiganbayan is hereby created composed of a presiding
justice and fourteen associate justices who shall be appointed by the
President."
Section 2. Section 2 of the same decree is hereby further amended to read as
follows:
"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 cases filed with
it: Provided, however, That cases originating from the principal geographical
regions of the country, that is, from Luzon, Visayas or Mindanao, 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, That for this purpose the presiding justice shall authorize
any divisions of the court to hold sessions at any time and place outside
Metro Manila 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."
Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.
"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
II, Section 2, Title VII, Book II 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:
"(1) Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as Grade '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;
"(2) Members of Congress and officials thereof classified as
Grade'27'and up under the Compensation and Position
Classification Act of 1989;
 "(3) Members of the judiciary without prejudice to the provisions of
the Constitution;
"(4) Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade'27'and
higher under the Compensation and Position Classification Act of
1989.
"b. Other offenses orfelonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a
of this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions corresponding
to salary grade '27' or higher, as prescribed in the said Republic Act No.
6758, or military or PNP officers mentioned above, exclusive original
jurisdiction thereof shall be vested in the proper regional trial court,
metropolitan trial court, municipal trial court and municipal circuit trial court '
as the case may be, pursuant to their respective jurisdiction as provided in
Batas Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders or regional trial courts whether in the
exercise of their own original jurisdiction orof their appellate jurisdiction as
herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions
for the issuance of the writs of mandamus, prohibition, certiorari, habeas
corpus, injunctions, and other ancillary writs and processes in aid of its
appellate jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may be filed under
Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the
implementing rules that the Supreme Court has promulgated and may
hereafter promulgate, relative to appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions for review filed with the
Sandiganbayan. In all cases elevated to the Sandiganbayan and from the
Sandiganbayan to the Supreme Court, the Office of the Ombudsman,
through its special prosecutor, shall represent the People of the Philippines,
except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
"In case private individuals are charged as co-principals, accomplices or
accessories with the public officers or employees, including those employed
in govemment-owned or controlled corporations, they shall be tried jointly
with said public officers and employees in the proper courts which shall
exercise exclusive jurisdiction over them.
"Any provisions of law or Rules of Court to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of civil
liability 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 therefore
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 deemed abandoned."
Section 5. Section 7 of the same decree is hereby further amended to read as
follows:
'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions
and final orders determining the merits of a case or finally disposing of the
action or proceedings of the Sandijanbayan shall contain complete findings
of the facts and the law on which they are based, on all issues properly
raised before it and necessary in deciding the case.
"A petition for reconsideration of any final order or decision may be filed
within fifteen (15) days from promulgation or notice of the final order on
judgment, and such motion for reconsideration shall be decided within thirty
(30) days from submission thereon.
"Decisions and final orders ofthe Sandiganbyan shall be appealable to the
Supreme Court by petition for review on certiorari raising pure questions of
law in accordance with Rule 45 of the Rules of Court. Whenever, in any case
decided by the Sandiganbayan, the penalty of reclusion perpetua, life
imprisonment or death is imposed, the decision shall be appealable to the
Supreme Court in the manner prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall be executed and
enforced in the manner provided by law.
"Decisions and final orders of other courts in cases cognizable by said courts
under this decree as well as those rendered by them in the exercise of their
appellate jurisdiction shall be appealable to, or be reviewable by, the
 Sandiganbayan in the manner provided by Rule 122 of the Rules of the
Court.
"In case, however, the imposed penalty by the Sandiganbayan or the
regional trial court in the proper exercise of their respective jurisdictions, is
death, review by the Supreme Court shall be automatic, whether or not
accused files an appeal."
Section 6. Appropriations. - The amount necessary to carry out the initial
implementation of this Act shall be charged against the current fiscal year
appropriations of the Sandiganbayan. Thereafter, such sums as may be needed for
its continued implementation shall be included in the annual General Appropriations
Act.
Section 7. Transitory Provision. - This Act shall apply to all cases pending in any
court over which trial has not begun as of the approval hereof
Section 8. Separability of Provisions. - If for any reason any provision of this Act is
declared unconstitutional or invalid, such parts or portions not affected thereby shall
remain in full force and effect.
Section 9. Repealing Clause. - All acts, decrees, general orders and circulars, or
parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eighth Congress
Republic Act No. 6770 November 17, 1989
AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL
ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. Title. This Act shall be known as "The Ombudsman Act of 1989".
Section 2. Declaration of Policy. The State shall maintain honesty and integrity
in the public service and take positive and effective measures against graft and
corruption.
Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty,
efficiency, act with patriotism and justice and lead modest lives.
Section 3. Office of the Ombudsman. The Office of the Ombudsman shall
include the Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office
of the Deputy for the Visayas, the Office of the Deputy for Mindanao, the Office of the
Deputy for the Armed Forces, and the Office of the Special Prosecutor. The President
may appoint other Deputies as the necessity for it may arise, as recommended by the
Ombudsman.
Section 4. Appointment. The Ombudsman and his Deputies, including the
Special Prosecutor, shall be appointed by the President from a list of at least twenty-
one (21) nominees prepared by the Judicial and Bar Council, and from a list of three
(3) nominees for each vacancy thereafter, which shall be filled within three (3) months
after it occurs, each of which list shall be published in a newspaper of general
circulation.
In the organization of the Office of the Ombudsman for filling up of positions therein,
regional, cultural or ethnic considerations shall be taken into account to the end that
the Office shall be as much as possible representative of the regional, ethnic and
cultural make-up of the Filipino nation.
Section 5. Qualifications. The Ombudsman and his Deputies, including the
Special Prosecutor, shall be natural-born citizens of the Philippines, at least forty (40)
years old, of recognized probity and independence, members of the Philippine Bar,
and must not have been candidates for any elective national or local office in the
immediately preceding election whether regular or special. The Ombudsman must
have, for ten (10) years or more, been a judge or engaged in the practice of law in the
Philippines.
Section 6. Rank and Salary. The Ombudsman and his Deputies shall have the
same ranks, salaries and privileges as the Chairman and members, respectively, of a
Constitutional Commission. Their salaries shall not be decreased during their term of
office.
The members of the prosecution, investigation and legal staff of the Office of the
Ombudsman shall receive salaries which shall not be less than those given to
comparable positions in any office in the Government.
Section 7. Term of Office. The Ombudsman and his Deputies, including the
Special Prosecutor, shall serve for a term of seven (7) years without reappointment.
Section 8. Removal; Filling of Vacancy.
 (1) In accordance with the provisions of Article XI of the Constitution, the
Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust.
(2) A Deputy or the Special Prosecutor, may be removed from office by the
President for any of the grounds provided for the removal of the
Ombudsman, and after due process.
(3) In case of vacancy in the Office of the Ombudsman due to death,
resignation, removal or permanent disability of the incumbent Ombudsman,
the Overall Deputy shall serve as Acting Ombudsman in a concurrent
capacity until a new Ombudsman shall have been appointed for a full term.n
case the Overall Deputy cannot assume the role of Acting Ombudsman, the
President may designate any of the Deputies, or the Special Prosecutor, as
Acting Ombudsman.
(4) In case of temporary absence or disability of the Ombudsman, the
Overall Deputy shall perform the duties of the Ombudsman until the
Ombudsman returns or is able to perform his duties.
Section 9. Prohibitions and Disqualifications. The Ombudsman, his Deputies
and the Special Prosecutor shall not, during their tenure, hold any other office or
employment. They shall not, during said tenure, directly or indirectly practice any
other profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the Government or
any subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office. They shall not be qualified to run for any office in
the election immediately following their cessation from office. They shall not be
allowed to appear or practice before the Ombudsman for two (2) years following their
cessation from office.
No spouse or relative by consanguinity or affinity within the fourth civil degree and no
law, business or professional partner or associate of the Ombudsman, his Deputies or
Special Prosecutor within one (1) year preceding the appointment may appear as
counsel or agent on any matter pending before the Office of the Ombudsman or
transact business directly or indirectly therewith.
This disqualification shall apply during the tenure of the official concerned. This
disqualification likewise extends to the law, business or professional firm for the same
period.
Section 10. Disclosure of Relationship. It shall be the duty of the Ombudsman,
his Deputies, including the Special Prosecutor to make under oath, to the best of their
knowledge and/or information, a public disclosure of the identities of, and their
relationship with the persons referred to in the preceding section.
The disclosure shall be filed with the Office of the President and the Office of the
Ombudsman before the appointee assumes office and every year thereafter. The
disclosures made pursuant to this section shall form part of the public records and
shall be available to any person or entity upon request.
Section 11. Structural Organization. The authority and responsibility for the
exercise of the mandate of the Office of the Ombudsman and for the discharge of its
powers and functions shall be vested in the Ombudsman, who shall have supervision
and control of the said office.
(1) The Office of the Ombudsman may organize such directorates for
administration and allied services as may be necessary for the effective
discharge of its functions. Those appointed as directors or heads shall have
the rank and salary of line bureau directors.
(2) The Office of the Overall Deputy shall oversee and administer the
operations of the different offices under the Office of Ombudsman.t shall
likewise perform such other functions and duties assigned to it by the
Ombudsman.
(3) The Office of the Special Prosecutor shall be composed of the Special
Prosecutor and his prosecution staff. The Office of the Special Prosecutor
shall be an organic component of the Office of the Ombudsman and shall be
under the supervision and control of the Ombudsman.
(4) The Office of the Special Prosecutor shall, under the supervision and
control and upon the authority of the Ombudsman, have the following
powers:
(a) To conduct preliminary investigation and prosecute criminal
cases within the jurisdiction of the Sandiganbayan;
(b) To enter into plea bargaining agreements; and
(c) To perform such other duties assigned to it by the Ombudsman.
The Special Prosecutor shall have the rank and salary of a Deputy
Ombudsman.
(5) The position structure and staffing pattern of the Office of the
Ombudsman, including the Office of the Special Prosecutor, shall be
approved and prescribed by the Ombudsman. The Ombudsman shall
appoint all officers and employees of the Office of the Ombudsman,
including those of the Office of the Special Prosecutor, in accordance with
the Civil Service Law, rules and regulations.
Section 12. Official Stations. The Ombudsman, the Overall Deputy, the Deputy
for Luzon, and the Deputy for the Armed Forces shall hold office in Metropolitan
Manila; the Deputy for the Visayas, in Cebu City; and the Deputy for Mindanao, in
Davao City. The Ombudsman may transfer their stations within their respective
geographical regions, as public interest may require.
Section 13. Mandate. The Ombudsman and his Deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner against officers
or employees of the Government, or of any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations, and enforce their
administrative, civil and criminal liability in every case where the evidence warrants in
order to promote efficient service by the Government to the people.
Section 14. Restrictions. No writ of injunction shall be issued by any court to
delay an investigation being conducted by the Ombudsman under this Act, unless
there is a prima facie evidence that the subject matter of the investigation is outside
the jurisdiction of the Office of the Ombudsman.
No court shall hear any appeal or application for remedy against the decision or
findings of the Ombudsman, except the Supreme Court, on pure question of law.
Section 15. Powers, Functions and Duties. The Office of the Ombudsman shall
have the following powers, functions and duties:
(1) Investigate and prosecute on its own or on complaint by any person, any
act or omission of any public officer or employee, office or agency, when
such act or omission appears to be illegal, unjust, improper or inefficient.t
has primary jurisdiction over cases cognizable by the Sandiganbayan and, in
the exercise of this primary jurisdiction, it may take over, at any stage, from
any investigatory agency of Government, the investigation of such cases;
(2) Direct, upon complaint or at its own instance, any officer or employee of
the Government, or of any subdivision, agency or instrumentality thereof, as
well as any government-owned or controlled corporations with original
charter, to perform and expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in the performance of duties;
(3) Direct the officer concerned to take appropriate action against a public
officer or employee at fault or who neglect to perform an act or discharge a
duty required by law, and recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure compliance therewith; or enforce
its disciplinary authority as provided in Section 21 of this Act: provided, that
the refusal by any officer without just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine, censure, or prosecute an
officer or employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be a ground for disciplinary action
against said officer;
(4) Direct the officer concerned, in any appropriate case, and subject to such
limitations as it may provide in its rules of procedure, to furnish it with copies
of documents relating to contracts or transactions entered into by his office
involving the disbursement or use of public funds or properties, and report
any irregularity to the Commission on Audit for appropriate action;
(5) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents;
(6) Publicize matters covered by its investigation of the matters mentioned in
paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and
with due prudence: provided, that the Ombudsman under its rules and
regulations may determine what cases may not be made public: provided,
further, that any publicity issued by the Ombudsman shall be balanced, fair
and true;
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud,
and corruption in the Government, and make recommendations for their
elimination and the observance of high standards of ethics and efficiency;
(8) Administer oaths, issue subpoena and subpoena duces tecum, and take
testimony in any investigation or inquiry, including the power to examine and
have access to bank accounts and records;
(9) Punish for contempt in accordance with the Rules of Court and under the
same procedure and with the same penalties provided therein;
(10) Delegate to the Deputies, or its investigators or representatives such
authority or duty as shall ensure the effective exercise or performance of the
powers, functions, and duties herein or hereinafter provided;
(11) Investigate and initiate the proper action for the recovery of ill-gotten
and/or unexplained wealth amassed after February 25, 1986 and the
prosecution of the parties involved therein.
The Ombudsman shall give priority to complaints filed against high ranking
government officials and/or those occupying supervisory positions, complaints
involving grave offenses as well as complaints involving large sums of money and/or
properties.
Section 16. Applicability. The provisions of this Act shall apply to all kinds of
malfeasance, misfeasance, and non-feasance that have been committed by any
officer or employee as mentioned in Section 13 hereof, during his tenure of office.
Section 17. Immunities. In all hearings, inquiries, and proceedings of the
Ombudsman, including preliminary investigations of offenses, nor person
subpoenaed to testify as a witness shall be excused from attending and testifying or
from producing books, papers, correspondence, memoranda and/or other records on
the ground that the testimony or evidence, documentary or otherwise, required of him,
may tend to incriminate him or subject him to prosecution: provided, that no person
shall be prosecuted criminally for or on account of any matter concerning which he is
compelled, after having claimed the privilege against self-incrimination, to testify and
produce evidence, documentary or otherwise.
Under such terms and conditions as it may determine, taking into account the
pertinent provisions of the Rules of Court, the Ombudsman may grant immunity from
criminal prosecution to any person whose testimony or whose possession and
production of documents or other evidence may be necessary to determine the truth
in any hearing, inquiry or proceeding being conducted by the Ombudsman or under
its authority, in the performance or in the furtherance of its constitutional functions and
statutory objectives. The immunity granted under this and the immediately preceding
paragraph shall not exempt the witness from criminal prosecution for perjury or false
testimony nor shall he be exempt from demotion or removal from office.
Any refusal to appear or testify pursuant to the foregoing provisions shall be subject
to punishment for contempt and removal of the immunity from criminal prosecution.
Section 18. Rules of Procedure.
(1) The Office of the Ombudsman shall promulgate its rules of procedure for
the effective exercise or performance of its powers, functions, and duties.
(2) The rules of procedure shall include a provision whereby the Rules of
Court are made suppletory.
(3) The rules shall take effect after fifteen (15) days following the completion
of their publication in the Official Gazette or in three (3) newspapers of
general circulation in the Philippines, one of which is printed in the national
language.
Section 19. Administrative Complaints. The Ombudsman shall act on all
complaints relating, but not limited to acts or omissions which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or discriminatory;
(3) Are inconsistent with the general course of an agency's functions, though
in accordance with law;
(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;
(5) Are in the exercise of discretionary powers but for an improper purpose;
or
(6) Are otherwise irregular, immoral or devoid of justification.
Section 20. Exceptions. The Office of the Ombudsman may not conduct the
necessary investigation of any administrative act or omission complained of if it
believes that:
(1) The complainant has an adequate remedy in another judicial or quasi-
judicial body;
(2) The complaint pertains to a matter outside the jurisdiction of the Office of
the Ombudsman;
(3) The complaint is trivial, frivolous, vexatious or made in bad faith;
(4) The complainant has no sufficient personal interest in the subject matter
of the grievance; or
(5) The complaint was filed after one (1) year from the occurrence of the act
or omission complained of.
Section 21. Official Subject to Disciplinary Authority; Exceptions. The Office
of the Ombudsman shall have disciplinary authority over all elective and appointive
officials of the Government and its subdivisions, instrumentalities and agencies,
including Members of the Cabinet, local government, government-owned or controlled
corporations and their subsidiaries, except over officials who may be removed only by
impeachment or over Members of Congress, and the Judiciary.
Section 22. Investigatory Power. The Office of the Ombudsman shall have the
power to investigate any serious misconduct in office allegedly committed by officials
removable by impeachment, for the purpose of filing a verified complaint for
impeachment, if warranted.
In all cases of conspiracy between an officer or employee of the government and a
private person, the Ombudsman and his Deputies shall have jurisdiction to include
such private person in the investigation and proceed against such private person as
the evidence may warrant. The officer or employee and the private person shall be
tried jointly and shall be subject to the same penalties and liabilities.
Section 23. Formal Investigation.
(1) Administrative investigations conducted by the Office of the Ombudsman
shall be in accordance with its rules of procedure and consistent with due
process.
(2) At its option, the Office of the Ombudsman may refer certain complaints
to the proper disciplinary authority for the institution of appropriate
administrative proceedings against erring public officers or employees,
which shall be determined within the period prescribed in the civil service
law. Any delay without just cause in acting on any referral made by the Office
of the Ombudsman shall be a ground for administrative action against the
 officers or employees to whom such referrals are addressed and shall
constitute a graft offense punishable by a fine of not exceeding Five
thousand pesos (P5,000.00).
(3) In any investigation under this Act the Ombudsman may: (a) enter and
inspect the premises of any office, agency, commission or tribunal; (b)
examine and have access to any book, record, file, document or paper; and
(c) hold private hearings with both the complaining individual and the official
concerned.
Section 24. Preventives Suspension. The Ombudsman or his Deputy may
preventively suspend any officer or employee under his authority pending an
investigation, if in his judgment the evidence of guilt is strong, and (a) the charge
against such officer or employee involves dishonesty, oppression or grave misconduct
or neglect in the performance of duty; (b) the charges would warrant removal from the
service; or (c) the respondent's continued stay in office may prejudice the case filed
against him.
The preventive suspension shall continue until the case is terminated by the Office of
the Ombudsman but not more than six (6) months, without pay, except when the
delay in the disposition of the case by the Office of the Ombudsman is due to the
fault, negligence or petition of the respondent, in which case the period of such delay
shall not be counted in computing the period of suspension herein provided.
Section 25. Penalties.
(1) In administrative proceedings under Presidential Decree No. 807, the
penalties and rules provided therein shall be applied.
(2) In other administrative proceedings, the penalty ranging from suspension
without pay for one (1) year to dismissal with forfeiture of benefits or a fine
ranging from Five thousand pesos (P5,000.00) to twice the amount
malversed, illegally taken or lost, or both at the discretion of the
Ombudsman, taking into consideration circumstances that mitigate or
aggravate the liability of the officer or employee found guilty of the complaint
or charges.
Section 26. Inquiries.
(1) The Office of the Ombudsman shall inquire into acts or omissions of a
public officer, employee, office or agency which, from the reports or
complaints it has received, the Ombudsman or his Deputies consider to be:
(a) contrary to law or regulation;
(b) unreasonable, unfair, oppressive, irregular or inconsistent with
the general course of the operations and functions of a public
officer, employee, office or agency;
(c) an error in the application or interpretation of law, rules or
regulations, or a gross or palpable error in the appreciation of facts;
(d) based on improper motives or corrupt considerations;
(e) unclear or inadequately explained when reasons should have
been revealed; or
(f) inefficient performed or otherwise objectionable.
(2) The Officer of the Ombudsman shall receive complaints from any source
in whatever form concerning an official act or omission.t shall act on the
complaint immediately and if it finds the same entirely baseless, it shall
dismiss the same and inform the complainant of such dismissal citing the
reasons therefor.f it finds a reasonable ground to investigate further, it shall
first furnish the respondent public officer or employee with a summary of the
complaint and require him to submit a written answer within seventy-two (72)
hours from receipt thereof.f the answer is found satisfactory, it shall dismiss
the case.
(3) When the complaint consists in delay or refusal to perform a duty
required by law, or when urgent action is necessary to protect or preserve
the rights of the complainant, the Office of the Ombudsman shall take steps
or measures and issue such orders directing the officer, employee, office or
agency concerned to:
(a) expedite the performance of duty;
(b) cease or desist from the performance of a prejudicial act;
(c) correct the omission;
(d) explain fully the administrative act in question; or
(e) take any other steps as may be necessary under the
circumstances to protect and preserve the rights of the
complainant.
(4) Any delay or refusal to comply with the referral or directive of the
Ombudsman or any of his Deputies, shall constitute a ground for
administrative disciplinary action against the officer or employee to whom it
was addressed.
Section 27. Effectivity and Finality of Decisions. (1) All provisionary orders of
the Office of the Ombudsman are immediately effective and executory.
A motion for reconsideration of any order, directive or decision of the Office of the
Ombudsman must be filed within five (5) days after receipt of written notice and shall
be entertained only on any of the following grounds:
(1) New evidence has been discovered which materially affects the order,
directive or decision;
(2) Errors of law or irregularities have been committed prejudicial to the
interest of the movant. The motion for reconsideration shall be resolved
within three (3) days from filing: provided, that only one motion for
reconsideration shall be entertained.
Findings of fact by the Officer of the Ombudsman when supported by substantial
evidence are conclusive. Any order, directive or decision imposing the penalty of
public censure or reprimand, suspension of not more than one (1) month's salary
shall be final and unappealable.
In all administrative disciplinary cases, orders, directives, or decisions of the Office of
the Ombudsman may be appealed to the Supreme Court by filing a petition for
certiorari within ten (10) days from receipt of the written notice of the order, directive
or decision or denial of the motion for reconsideration in accordance with Rule 45 of
the Rules of Court.
The above rules may be amended or modified by the Office of the Ombudsman as
the interest of justice may require.
Section 28. Investigation in Municipalities, Cities and Provinces. The Office of
the Ombudsman may establish offices in municipalities, cities and provinces outside
Metropolitan Manila, under the immediate supervision of the Deputies for Luzon,
Visayas and Mindanao, where necessary as determined by the Ombudsman. The
investigation of complaints may be assigned to the regional or sectoral deputy
concerned or to a special investigator who shall proceed in accordance with the rules
or special instructions or directives of the Office of the Ombudsman. Pending
investigation the deputy or investigator may issue orders and provisional remedies
which are immediately executory subject to review by the Ombudsman. Within three
(3) days after concluding the investigation, the deputy or investigator shall transmit,
together with the entire records of the case, his report and conclusions to the Office of
the Ombudsman. Within five (5) days after receipt of said report, the Ombudsman
shall render the appropriate order, directive or decision.
Section 29. Change of Unjust Laws. If the Ombudsman believes that a law or
regulation is unfair or unjust, he shall recommend to the President and to Congress
the necessary changes therein or the repeal thereof.
Section 30. Transmittal/Publication of Decision. In every case where the
Ombudsman has reached a decision, conclusion or recommendation adverse to a
public official or agency, he shall transmit his decision, conclusion, recommendation
or suggestion to the head of the department, agency or instrumentality, or of the
province, city or municipality concerned for such immediate action as may be
necessary. When transmitting his adverse decision, conclusion or recommendation,
he shall, unless excused by the agency or official affected, include the substance of
any statement the public agency or official may have made to him by way of
explaining past difficulties with or present rejection of the Ombudsman's proposals.
Section 31. Designation of Investigators and Prosecutors. The Ombudsman
may utilize the personnel of his office and/or designate or deputize any fiscal, state
prosecutor or lawyer in the government service to act as special investigator or
prosecutor to assist in the investigation and prosecution of certain cases. Those
designated or deputized to assist him herein provided shall be under his supervision
and control.
The Ombudsman and his investigators and prosecutors, whether regular members of
his staff or designated by him as herein provided, shall have authority to administer
oaths, to issue subpoena and subpoena duces tecum, to summon and compel
witnesses to appear and testify under oath before them and/or bring books,
documents and other things under their control, and to secure the attendance or
presence of any absent or recalcitrant witness through application before the
Sandiganbayan or before any inferior or superior court having jurisdiction of the place
where the witness or evidence is found.
Section 32. Rights and Duties of Witness.
(1) A person required by the Ombudsman to provide the information shall be
paid the same fees and travel allowances as are extended to witnesses
whose attendance has been required in the trial courts. Upon request of the
witness, the Ombudsman shall also furnish him such security for his person
and his family as may be warranted by the circumstances. For this purpose,
the Ombudsman may, at its expense, call upon any police or constabulary
unit to provide the said security.
(2) A person who, with or without service or compulsory process, provides
oral or documentary information requested by the Ombudsman shall be
accorded the same privileges and immunities as are extended to witnesses
in the courts, and shall likewise be entitled to the assistance of counsel while
being questioned.
(3) If a person refuses to respond to the Ombudsman's or his Deputy's
subpoena, or refuses to be examined, or engages in obstructive conduct, the
Ombudsman or his Deputy shall issue an order directing the person to
appear before him to show cause why he should not be punished for
contempt. The contempt proceedings shall be conducted pursuant to the
provisions of the Rules of Court.
Section 33. Duty to Render Assistance to the Office of the Ombudsman. Any
officer or employee of any department, bureau or office, subdivision, agency or
instrumentality of the Government, including government-owned or controlled
corporations and local governments, when required by the Ombudsman, his Deputy
or the Special Prosecutor shall render assistance to the Office of the Ombudsman.
Section 34. Annual Report. The Office of the Ombudsman shall render an annual
report of its activities and performance to the President and to Congress to be
submitted within thirty (30) days from the start of the regular session of Congress.

Section 35. Malicious Prosecution. Any person who, actuated by malice or gross
bad faith, files a completely unwarranted or false complaint against any government
official or employee shall be subject to a penalty of one (1) month and one (1) day to
six (6) months imprisonment and a fine not exceeding Five thousand pesos
(P5,000.00).

Section 36. Penalties for Obstruction. Any person who willfully obstructs or
hinders the proper exercise of the functions of the Office of the Ombudsman or who
willfully misleads or attempts to mislead the Ombudsman, his Deputies and the
Special Prosecutor in replying to their inquiries shall be punished by a fine of not
exceeding Five thousand pesos (P5,000.00).

Section 37. Franking Privilege. All official mail matters and telegrams of the
Ombudsman addressed for delivery within the Philippines shall be received,
transmitted, and delivered free of charge: provided, that such mail matters when
addressed to private persons or nongovernment offices shall not exceed one hundred
and twenty (120) grams. All mail matters and telegrams sent through government
telegraph facilities containing complaints to the Office of the Ombudsman shall be
transmitted free of charge, provided that the telegram shall contain not more than one
hundred fifty (150) words.

Section 38. Fiscal Autonomy. The Office of the Ombudsman shall enjoy fiscal
autonomy. Appropriations for the Office of the Ombudsman may not be reduced
below the amount appropriated for the previous years and, after approval, shall be
automatically and regularly released.

Section 39. Appropriations. The appropriation for the Office of the Special
Prosecutor in the current General Appropriations Act is hereby transferred to the
Office of the Ombudsman. Thereafter, such sums as may be necessary shall be
included in the annual General Appropriations Act.

Section 40. Separability Clause. If any provision of this Act is held

unconstitutional, other provisions not affected thereby shall remain valid and binding.

Section 41. Repealing Clause. All laws, presidential decrees, letters of

instructions, executive orders, rules and regulations insofar as they are inconsistent
with this Act, are hereby repealed or amended as the case may be.

Section 42. Effectivity. This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in three (3) newspapers of general circulation
in the Philippines.

Approved: November 17, 1989.