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MANDATE OF THE SANDIGANBAYAN

1973 and 1987 Philippine Constitution

SEC. 5. The Batasang Pambansa shall create a special court, to be known as Sandiganbayan, which shall
have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law. (Art. XIII), 1973
Constitution.

SEC. 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise
its jurisdiction as now or hereafter may be provided by law. (Art. XI), 1987 Constitution.

SEAL OF THE SANDIGANBAYAN

The seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two concentric
circles as its margins, 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 13 stars representing
the existing 13 judicial regions 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 left side, "KAPANAGUTAN" on
the right 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.
VISION

We envision a judicial institution that the Filipino people can rely on to uphold the highest norms of
official conduct towards the attainment of a graft-free country.

MISSION

A special court that gives life to the constitutional mandate that public office is a public trust by exacting
public accountability through a fair and expeditious adjudication process.

CORE VALUES

Honor. Integrity. Accountablity.

JURISDICTION OF SANDIGANBAYAN

The jurisdiction of the Sandiganbayan is perhaps one of the most often amended provision from the
1973 Constitution to RA 8249 of 1997. Before RA 8249, jurisdiction of the Sandiganbayan was
determined on the basis of the penalty imposable on the offense charged. Then, it was amended such
that regardless of the penalty, so long as the offense charged was committed by a public officer, the
Sandiganbayan was vested with jurisdiction. Under RA 8249, to determine whether the Sandiganbayan
has jurisdiction, lawyers must look into two (2) criteria, namely:

The nature of the offense and The salary grade of the public official.

Thus, Sec.4 of RA 8249 provides that the Sandiganbayan shall have original exclusive jurisdiction over:
I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law);

II.) RA 1379 (Forfeiture of Illegally Acquired Wealth);

III.) Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII, Bk. II of the RPC (Crimes
committed by Public Officers) namely:

a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985;

b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985;

c) Qualified Bribery under Art. 211-A as amended by RA 7659, Dec. 13, 1993;

d) Corruption of public officials under Art. 212

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, provincial


treasurers, assessors, engineers and other provincial department heads;

b) City mayors, vice-mayors, members of the sangguniang panglungsod, city treasurers, assessors,
engineers and other 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 PNP 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; officials and the prosecutors in the Office of
the Ombudsman and special prosecutor ;

g) President, 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 Classification Act of 1989;

3) Members of the Judiciary without prejudice to the provision of the Constitution;

4) Chairmen and members of Constitutional Commissions, without prejudice to the provision of the
Constitution;

5) All other national and local officials classified as Grade 27 and higher under the Compensation and
Position Classification Act of 1989.

IV.) Other offenses or felonies whether simple or complexed with other crimes committed in relation to
their office by the public officials and employees mentioned above;
V.) Civil and Criminal Cases filed pursuant to and in connection with EO 1, 2, 14 & 14-A issued in 1986

VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari, habeas corpus, injunction and
other ancillary writs and processes in aid of its appellate jurisdiction; Provided, jurisdiction is not
exclusive of the Supreme Court

VII.) Petitions for Quo Warranto arising or that may arise in cases filed or that may be filed under EO 1, 2,
14 & 14- A

VIII.) OTHERS provided the accused belongs to SG 27 or higher:

a.) Violation of RA 6713 - Code of Conduct and Ethical Standards

b.) Violation of RA 7080 - THE PLUNDER LAW

c.) Violation of RA 7659 - The Heinous Crime Law

d.) RA 9160 - Violation of The Anti-Money Laundering Law when committed by a public officer

e.) PD 46 referred to as the gift-giving decree which makes it punishable for any official or employee to
receive directly or indirectly and for the private person to give or offer to give any gift, present or other
valuable thing on any occasion including Christmas, when such gift, present or valuable thing is given by
reason of his official position, regardless of whether or not the same is for past favors or the giver hopes
or expects to receive a favor or better treatment in the future from the public official or employee
concerned in the discharge of his official functions. Included within the prohibition is the throwing of
parties or entertainment in honor of the official or employee or his immediate relatives.

f.) PD 749 which grants immunity from prosecution to any person who voluntarily gives information
about any violation of Art.210, 211 or 212 of the RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of the
Customs and Tariff Code and other provisions of the said Codes penalizing abuse or dishonesty on the
part of the public officials concerned and other laws, rules and regulations penalizing graft, corruption
and other forms of official abuse and who willingly testifies against the public official or employee
subject to certain conditions.

It should be noted that private individuals can be sued in cases before the Sandiganbayan if they are
alleged to be in conspiracy with the public officer.

The Sandiganbayan is vested with Appellate Jurisdiction over final judgments, resolutions or orders of
the RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil cases
falling within the original exclusive jurisdiction of the Sandiganbayan but which were committed by
public officers below Salary Grade 27.

HISTORY OF THE SANDIGANBAYAN

The creation of the Sandiganbayan was originally provided for by Article XIII of the 1973 Constitution:

"SEC. 5. The National Assembly shall create a special court, to be known as Sandiganbayan, which shall
have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law.

In obedience to this mandate, the late President Ferdinand E. Marcos, exercising the emergency
legislative power granted him under Amendment No. 6 of the 1976 Amendments to the 1973
Constitution, issued on June 11, 1978, Presidential Decree No. 1486 creating the Sandiganbayan and
putting it on the same level as what were then known as the Courts of First Instance, now the Regional
Trial Courts. Shortly thereafter, however, the Sandiganbayan was elevated to the level of the Court of
Appeals by virtue of Presidential Decree No. 1606 issued on December 10, 1978.

At the start of its operation on February 12, 1979, the Sandiganbayan had only one Division, composed
of the Presiding Justice, Hon. Manuel R. Pamaran, and two Associate Justices, Hon. Bernardo P.
Fernandez and Hon. Romeo M. Escareal, and a skeleton force of fifteen (15). The start of the third year of
the Court's operation in 1981 was marked by the activation of the Second Division. The appointment of
three more Justices of the Third Division in August 4, 1982 completed the full membership of the Court.

The historic EDSA Revolution of February 1986 that signaled the beginning of a new dispensation, caused
substantial changes in the entire government machinery, including the judiciary. However, both the
'Freedom Constitution' and the new Constitution have seen fit to maintain the Sandiganbayan as one of
the principal instruments of public accountability. In furtherance of this, its jurisdiction has been
broadened to include the so-called 'ill-gotten wealth' cases investigated by the Presidential Commission
on Good Government (PCGG) through Executive Orders No. 14 and No. 14-A. In the reorganization
program of the new government, the resignation of some of the members of the Court was accepted
leading to the appointment of a new Presiding Justice in the person of Hon. Francis E. Garchitorena.

To further strengthen the functional and structural organization of the Sandiganbayan, several
amendments have been introduced to the original law creating it, the latest of which are Republic Acts
No. 7975 and No. 8249. Under these new laws, the jurisdiction of the Sandiganbayan is now confined to
cases involving public officials occupying positions classified as salary grade 27 and higher. As
restructured, the Sandiganbayan is presently composed of a Presiding Justice and fourteen (14)
Associate Justices who sit in five (5) Divisions of three Justices each in the trial and determination of
cases.

STATUTORY HISTORY OF THE SANDIGANBAYAN

1. PRESIDENTIAL DECREE NO. 1486 - CREATING A SPECIAL COURT TO BE KNOWN AS 'SANDIGANBAYAN'


AND FOR OTHER PURPOSES - promulgated June 11, 1978;

2. PRESIDENTIAL DECREE NO. 1606 - REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL
COURT TO BE KNOWN AS 'SANDIGANBAYAN' AND FOR OTHER PURPOSES - promulgated December 10,
1978;

3. PRESIDENTIAL DECREE NO. 1629 - AMENDING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL
COURT TO BE KNOWN AS 'SANDIGANBAYAN', AS REVISED BY PRESIDENTIAL DECREE NO. 1606 -
promulgated July 18, 1979;
4. PRESIDENTIAL DECREE NO. 1822 - PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF
THE ARMED FORCES CHARGED WITH OFFENSES RELATED TO THE PERFORMANCE OF THEIR DUTIES -
promulgated January 16, 1981;

5. PRESIDENTIAL DECREE NO. 22-A - AMENDING SECTION 1, P.D. NO. 1822, PROVIDING FOR TRIAL BY
COURTS-MARTIAL OF MEMBERS OF THE ARMED FORCES CHARGED WITH OFFENSES RELATED TO THE
PERFORMANCE OF THEIR DUTIES - promulgated January 16, 1981;

6. BATAS PAMBANSA BLG. 129 - THE JUDICIARY REORGANIZATION ACT OF 1980 - promulgated August 14,
1981;

7. PRESIDENTIAL DECREE NO. 1850 - PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF
THE INTEGRATED NATIONAL POLICE AND FURTHER DEFINING THE JURISDICTION OF COURTS-MARTIAL
OVER MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES - promulgated October 4, 1982;

8. PRESIDENTIAL DECREE NO. 1860 - AMENDING THE PERTINENT PROVISIONS OF PRESIDENTIAL DECREE
NO. 1606 AND BATAS PAMBANSA BLG. 129 RELATIVE TO THE JURISDICTION OF THE SANDIGANBAYAN
AND FOR OTHER PURPOSES - promulgated January 14, 1983;

9. PRESIDENTIAL DECREE NO. 1861 - AMENDING THE PERTINENT PROVISIONS OF PRESIDENTIAL DECREE
NO. 1606 AND BATAS PAMBANSA BLG. 129 RELATIVE TO THE JURISDICTION OF THE SANDIGANBAYAN
AND FOR OTHER PURPOSES - promulgated March 23, 1983;

10. PRESIDENTIAL DECREE NO. 1952 - AMENDING SECTION ONE OF PRESIDENTIAL DECREE NO. 1850,
ENTITLED 'PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE INTEGRATED
NATIONAL POLICE AND FURTHER DEFINING THE JURISDICTION OF COURTS-MARTIAL OVER MEMBERS OF
THE ARMED FORCES OF THE PHILIPPINES' - promulgated September 9, 1984;

11. EXECUTIVE ORDER NO. 14 - DEFINING THE JURISDICTION OVER CASES INVOLVING THE ILL-GOTTEN
WEALTH OF FORMER PRESIDENT FERDINAND E. MARCOS, MRS. IMELDA R. MARCOS, MEMBERS OF
THEIR IMMEDIATE FAMILY, CLOSE RELATIVES, SUBORDINATES, CLOSE AND/OR BUSINESS ASSOCIATES,
DUMMIES, AGENTS AND NOMINEES - promulgated May 7, 1986;

12. EXECUTIVE ORDER NO. 14-A - AMENDING EXECUTIVE ORDER NO. 14 - promulgated August 18, 1986;

13. EXECUTIVE ORDER NO. 101 - FURTHER AMENDING PRESIDETIAL DECREE NO. 1486, AS AMENDED BY
PRESIDENTIAL DECREE NO. 1606 CREATING A SPECIAL COURT TO BE KNOWN AS 'SANDIGANBAYAN' -
promulgated December 24, 1986;

14. EXECUTIVE ORDER NO. 184 - AMENDING SECTION 3 OF PRESIDENTIAL DECREE NO. 1606 -
promulgated June 5, 1987.

FUNCTIONAL DESCRIPTION

OFFICE OF THE PRESIDING JUSTICE

Implements the policies, executes the resolutions and enforces the orders of the Court En Banc;
performs the functions specifically vested upon him by law, rules and regulations or those implied
therefrom; performs all other functions and duties inherent in his position.

OFFICE OF THE CLERK OF COURT

Assists the Court in providing the necessary technical and administrative support; exercises supervision
over the staff and employees; takes charge of pre and post adjudicative matters.

LEGAL RESEARCH & TECHNICAL STAFF


Provides legal and technical assistance to the Court by conducting legal research and studies; takes
charge of all legal and related matters.

OFFICE OF THE DEPUTY CLERK OF COURT

(1ST DIVISION)

Assists the Clerk of Court in providing technical and administrative support and assistance to the First
Division of the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to
the First Division.

OFFICE OF THE DEPUTY CLERK OF COURT

(2ND DIVISION)

Assists the Clerk of Court in providing technical and administrative support and assistance to the Second
Division of the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to
the Second Division.

OFFICE OF THE DEPUTY CLERK OF COURT

(3RD DIVISION)

Assists the Clerk of Court in providing technical and administrative support and assistance to the Third
Division of the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to
the Third Division.

OFFICE OF THE DEPUTY CLERK OF COURT

(4TH DIVISION)
Assists the Clerk of Court in providing technical and administrative support and assistance to the Fourth
Division of the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to
the Fourth Division

OFFICE OF THE DEPUTY CLERK OF COURT

(5TH DIVISION)

Assists the Clerk of Court in providing technical and administrative support and assistance to the Fifth
Division of the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to
the Fifth Division.

OFFICE OF THE DEPUTY CLERK OF COURT

(6TH DIVISION)

Assists the Clerk of Court in providing technical and administrative support and assistance to the Sixth
Division of the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to
the Sixth Division

OFFICE OF THE DEPUTY CLERK OF COURT

(7TH DIVISION)

Assists the Clerk of Court in providing technical and administrative support and assistance to the Seventh
Division of the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to
the Seventh Division

JUDICIAL RECORDS DIVISION

Takes charge of docketing of cases; plans, implements and evaluates programs for the systematic
management of judicial records; and performs other related functions. Prepares entries of judgment;
issues copies of decisions, resolutions and orders; maintains a systematic filing and records keeping; and
handles the Court's information system, monitoring requests for statistical data.

ADMINISTRATIVE DIVISION

Attends to the manpower development and service needs of the Court; and performs all functions
relative to administrative and personnel matters. Attends to the procurement and maintenance of the
properties, supplies and equipment of the Court, including the Court's physical plant Takes charge of the
collection and disbursement of the Court.

BUDGET AND FINANCE DIVISION

Prepares and executes the budget of the Court; initiates plans and formula for more effective utilization
of funds allotted to the Court; fiscalizes the agency's financial interest including disclosure of deficiencies
in control needing corrections. Keeps accounting records for the Court; prepares reports required by the
Department of Budget and Management, Commission on Audit and other government agencies.

MANAGEMENT INFORMATION SYSTEM DIVISION

Provides technical services related to the planning, development, implementation and maintenance of
information systems; takes care of all information and communications technology requirements of the
Court.

SECURITY AND SHERIFF SERVICES DIVISION

In charge of the formulation of plans, implements and evaluates program for the systematic
management of security of the Sandiganbayan premises, property and personnel and performs other
related functions; takes charge of the formulation of systems for the effective services of Court processes
and enforcement of Writs issued by the various Divisions of the Court; serves as liaison office with the
various law enforcement agencies and the media regarding all court orders and processes issued by the
various divisions of the Court, and other court related matters; takes custody of all accused processing
their bail for their temporary liberty and/or to turn-over accused who voluntarily surrenders to the
authorized detention centers; oversee that all judicial and extra-judicial proceedings are accomplished;
takes charge of the formulation of effective management and implementation of all kinds of court orders
/processes and writs coming from the various divisions of the Court.

Maintained by Management Information Systems Division

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