FULL TITLE: Re: Problem of Delays in Cases Before the Sandiganbayan

A.M. No. 00-8-05-SC DATE: November 28, 2001 PONENTE: PARDO, J

TOPIC: Sec. 15

FACTS OF THE CASE:

A judicial audit conducted by the Office of the Court Administrator (OCA) disclosed that the
Sandiganbayan has a backlog of 415 cases, 341 of which were in the First Division, chaired by Presiding Justice
Francis Garchitorena, and that at least 73 cases were unassigned. The cases submitted for decision remained
undecided beyond the reglementary period with several cases submitted as far back as 10 years ago. Even in the
updated audit conducted almost a year later, there were still 138 cases still undecided in the First Division. It was
also found that the First and Third Divisions unloaded cases already submitted for decision to other divisions even
if the ponente is still in service. Justice Garchitorena, who was earlier warned by this Court in Canson vs.
Garchitorena for his delay in the transfer of two criminal cases, admitted the backlog of cases in his division.

Submitted to the Court for consideration is a resolution of the Board of Governors, Integrated Bar of the
Philippines (hereafter, the IBP) recommending an inquiry into the causes of delays in the resolution of incidents
and motions and in the decision of cases pending before the Sandiganbayan.

STATEMENT OF ISSUE/S: Whether or not the reglementary period within which the Sandiganbayan must
decide/resolve cases falls within its jurisdiction

HOLDING:
There are two views. The first view is that from the time a case is submitted for decision or resolution, the
Sandiganbayan has twelve (12) months to decide or resolve it. The second view is that as a court with trial
function, the Sandiganbayan has three (3) months to decide the case from the date of submission for decision.

Article VIII, Section 15 (1) and (2), of the 1987 Constitution provides:

"SECTION 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved
within twenty-four months from date of submission to the Supreme Court, and, unless reduced by the Supreme
Court, twelve months for all lower collegiate courts, and three months for all other lower courts.
"(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading,
brief or memorandum required by the Rules of Court or by the court itself."

The above provision does not apply to the Sandiganbayan. The provision refers to regular courts of lower
collegiate level that in the present hierarchy applies only to the Court of Appeals.

The Sandiganbayan is a special court of the same level as the Court of Appeals and possessing all the inherent
powers of a court of justice, with functions of a trial court. Thus, the Sandiganbayan is not a regular court but a
special one. The Sandiganbayan was originally empowered to promulgate its own rules of procedure. However,
on March 30, 1995, Congress repealed the Sandiganbayan's power to promulgate its own rules of procedure and
instead prescribed that the Rules of Court promulgated by the Supreme Court shall apply to all cases and
proceedings filed with the Sandiganbayan.