such demand or claim exceeds Two hundred thousand

CRIMINAL PROCEDURE SYLLABUS pesos (P200,000.00);

Prof. Tranquil S. Salvador III
"(4) In all matters of probate, both testate and intestate,
Part I COURTS AND ITS JURISDICTION where the gross value of the estate exceeds One hundred
thousand pesos (P100,000.00) or, in probate matters in
A. Jurisdiction of Courts in Criminal Cases (Republic Act Metro Manila, where such gross value exceeds Two
7691 amending BP 129) Hundred thousand pesos (P200,000.00);

Republic Act No. 7691 "(5) In all actions involving the contract of marriage and
March 25, 1994 marital relations;

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN "(6) In all cases not within the exclusive jurisdiction of any
TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL court, tribunal, person or body exercising jurisdiction of
CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS any court, tribunal, person or body exercising judicial or
PAMBANSA, BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY quasi-judicial functions;
REORGANIZATION ACT OF 1980"
"(7) In all civil actions and special proceedings falling
Be it enacted by the Senate and House of Representatives of the within the exclusive original jurisdiction of a Juvenile and
Philippines in Congress assembled:: Domestic Relations Court and of the Court of Agrarian
Relations as now provided by law; and
Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as
the "Judiciary Reorganization Act of 1980", is hereby amended to read as "(8) In all other cases in which the demand, exclusive of
follows: 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
"Sec. 19. Jurisdiction in civil cases. Regional Trial Courts shall
(P100,000.00) or, in such other cases in Metro Manila,
exercise exclusive original jurisdiction.
where the demand exclusive of the abovementioned items
exceeds Two Hundred thousand pesos (P200,000.00)."
"(1) In all civil actions in which the subject of the litigation
is incapable of pecuniary estimation;
Section 2. Section 32 of the same law is hereby amended to read as
follows:
"(2) In all civil actions which involve the title to, or
possession of, real property, or any interest therein, where
"Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial
the assessed value of the property involved exceeds
Courts and Municipal Circuit Trial Courts in Criminal Cases.
Twenty thousand pesos (P20,000,00) or, for civil actions in
Except in cases falling within the exclusive original jurisdiction of
Metro Manila, where such value exceeds Fifty thousand
Regional Trial Courts and of the Sandiganbayan, the Metropolitan
pesos (P50,000.00) except actions for forcible entry into
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
and unlawful detainer of lands or buildings, original
Courts shall exercise:
jurisdiction over which is conferred upon the Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts; "(1) Exclusive original jurisdiction over all violations of city
or municipal ordinances committed within their respective
territorial jurisdiction; and
"(3) In all actions in admiralty and maritime jurisdiction
where the demand or claim exceeds One hundred
thousand pesos (P100,000.00) or, in Metro Manila, where
1
 "(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."
Section 3. Section 33 of the same law is hereby amended to read as
follows:
"Sec. 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 interest,
damages of whatever kind, attorney's fees, litigation
expenses, and costs shall be included in the determination
of the filing fees: Provided, further, That where there are
several claims or causes of actions 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 questions 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; and
"(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 in cases of land not declared for taxation
purposes, the value of such property shall be determined
by the assessed value of the adjacent lots."
Section 4. Section 34 of the same law is hereby amended to read as
follows:
"Sec. 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 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."
Section 5. After five (5) years from the effectivity of this Act, the
jurisdictional amounts mentioned in Sec. 19(3), (4), and (8); and Sec.
33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be
adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years
thereafter, such jurisdictional amounts shall be adjusted further to Three
hundred thousand pesos (P300,000.00): Provided, however, That in the
case of Metro Manila, the abovementioned jurisdictional amounts shall be
adjusted after five (5) years from the effectivity of this Act to Four
hundred thousand pesos (P400,000.00).
Section 6. All laws, decrees, and orders inconsistent with the provisions of
this Act shall be considered amended or modified accordingly.
Section 7. The provisions of this Act shall apply to all civil cases that have
not yet reached the pre-trial stage. However, by agreement of all the
parties, civil cases cognizable by municipal and metropolitan courts by the
provisions of this Act may be transferred from the Regional Trial Courts to
the latter. The executive judge of the appropriate Regional Trial Courts
2
shall define the administrative procedure of transferring the cases affected WHEREAS, while several Supreme Court circulars, issued through the
by the redefinition of jurisdiction to the Metropolitan Trial Courts, Municipal Office of the Court Administrator, clearly state that "Hold Departure Order
Trial Courts, and Municipal Circuit Trial Courts. shall be issued only in criminal cases within the exclusive jurisdiction of
the Regional Trial Courts," said circulars are, however, silent with respect
Section 8. This Act shall take effect fifteen (15) days following its to cases falling within the jurisdiction of courts below the RTC as well as
publication in the Official Gazette or in two (2) national newspapers of those pending determination by government prosecution offices;
general circulation.
WHEREAS, apart from the courts, the Secretary of Justice as head of the
principal law agency of the government mandated to, inter alia,
B. Jurisdiction over the accused investigate the commission of crimes, prosecute offenders, and provide
C. Kinds of Trial Courts immigration regulatory services, is in the best position to institute
c.1 Regional Trial Court measures to prevent any miscarriage of justice, without, however,
c.2 Metropolitan Trial Courts sacrificing the individual's right to travel;
c.3 Municipal Trial Courts
c.4 Municipal Circuit Trial Courts WHEREAS, the Department of Justice, therefore, issued Circular No. 17
D. Barangay/Lupong Tagapamayapa on March 19, 1998 and Circular No. 18 on April 23, 2007 to respectively
E. Summary Procedure in Criminal Cases govern the issuance and implementation of Hold Departure Orders
E.1 Distinction between Ordinary Procedure and (HDOs), Watchlist Orders (WLOs), and Allow Departure Orders (ADOs),
Summary Procedure among others;

Cases:
1. Pilipinas Shell v. Romars International, G.R. No. 189669, February
16, 2015
2. Navaja v.de Castro, G.R. 182926, June 22, 2015
3. Pestilos, et al. v. Generoso and People, G.R. No. 182601,
November 10, 2014
4. Unionbank v. People, G.R. 192565, February 28, 2012
5. Malabed v. Atty. De La Pena, A.C. No. 7594, February 09, 2016
6. Treas v. People, G.R. No.195002, January 25, 2012
F. Jurisdiction to Issue Hold Departure Orders (Regular Courts
Distinguished with the Sandiganbayan)
WHEREAS, in view of the problems that cropped up both in the issuance
and implementation of said Orders, there is a need to review, revise and
consolidate the two department issuances to ensure their effective
implementation.
NOW, THEREFORE, pursuant to the provisions of existing laws, the
following consolidated rules are hereby adopted:
Section 1. Hold Departure Order. - The Secretary of Justice may issue an
HDO, under any of the following instances:
(a) Against the accused, irrespective of nationality, in criminal
cases falling within the jurisdiction of courts below the Regional
Trial Courts (RTCs).

If the case against the accused is pending trial, the application

under oath of an

interested party must be supported by (a) a certified true copy of

the complaint or information and (b) a Certification from the Clerk
Department Circular No. 41, June 7, 2010 of Court concerned that criminal case is still pending.

CONSOLIDATED RULES AND REGULATIONS GOVERNING THE (b) Against the alien whose presence is required either as a
ISSUANCES AND IMPLEMENTING OF HOLD DEPARTURE ORDERS, defendant, respondent, or witness in a civil or labor case pending
WATCHLIST ORDERS, AND ALLOW DEPARTURE ORDERS
3
 litigation, or any case before an administrative agency of the
government.
The application under oath of an interested party must be
supported by (a) a certified true
copy of the subpoena or summons issued against the alien and (b)
a certified true copy complaint in civil, labor or administrative case
where the presence of the alien is required.
(c) The Secretary of Justice may likewise issue an HDO against any
person, either motu proprio, or upon the request by the Head of a
Department of the Government; the head of a constitutional body
or commission; the Chief Justice of the Supreme Court for the
Judiciary; the Senate President or the House Speaker for the
Legislature, when the adverse party is the Government or any of
its agencies or instrumentalities, or in the interest of national
security, public safety or public health.
Section 2. Watchlist Order. - The Secretary of Justice may issue a WLO,
under any of the following instances:
(c) The Secretary of Justice may likewise issue a WLO against any
person, either mtu proprio, or upon the request of any government
agency, including commissions, task forces or similar entities
created by the Office of the President, pursuant to the "Anti-
Trafficking in Persons Act of 2003" (R.A. No. 9208) and/or in
connection with any investigation being conducted by it, or in the
interest of national security, public safety or public health.
Section 3. Completeness of Information. - To ensure the proper
identification of the subject of the HDO/WLO and to avoid inconvenience to
any innocent party, all applications or requests, including the HDO/WLO to
be issued, shall contain the following information of the subject:
a. Complete name, i.e. given name, middle name or initial and
surname;
b. Alias/es, if any;
c. Date and place of birth;
d. Place of last residence;

(a) Against the accused, irrespective of nationality, in criminal e. Passport details, if available;
cases pending trial before the Regional Trial Court.
f. Recent photograph, if available;
The application under oath of an interested party must be
supported by (a) certified true
g. Complete title and docket number of the case; and

copy of an Information filed with the court, (b) a certified true

h. Specific nature of the case.
copy of the Prosecutor's Resolution; and (c) a Certification from
the Clerk of Court concerned that criminal case is still pending.
Section 4. HDO/WLO Validity. - The validity period of any HDO/WLO
issued pursuant to this Circular shall be reckoned from the date of its
(b) Against the respondent, irrespective of nationality, in criminal
issuance. The HDO shall valid for five (5) years unless sooner terminated.
cases pending preliminary investigation, petition for review, or
On the other hand, the WLO shall be valid for sixty (60) days unless
motion for reconsideration before the Department of Justice or any
sooner terminated or extended, for a non-extendible period of not more
of its provincial or city prosecution offices.
than sixty (60) days.

The application under oath of an interested party must be

Section 5. HDO/WLO Lifting or Cancellation. - In the lifting or cancellation
supported by (a) certified true
of the HDO/WLO issued pursuant to this Circular, the following rules shall
apply:
copy of the complaint filed, and (b) a Certification from the
appropriate prosecution office concerned that the case is pending
(a) The HDO may be lifted or cancelled under any of the following
preliminary investigation, petition for review, or motion for
grounds:
reconsideration, as the case may be.

4
 1. When the validity period of the HDO as provided for in
the preceding section has already expired;
2. When the accused subject of the HDO has been allowed
to leave the country during the pendency of the case, or
has been acquitted of the charge, or the case in which the
warrant/order of arrest was issued has been dismissed or
the warrant/order of arrest has been recalled;
3. When the civil or labor case or case before an
administrative agency of the government wherein the
presence of the alien subject of the HDO/WLO has been
dismissed by the court or by appropriate government
agency, or the alien has been discharged as a witness
therein, or the alien has been allowed to leave the country;
(b) The WLO may be lifted or cancelled under any of the following
grounds:
1. When the validity period of the WLO as provided for in
the preceding section has already expired;
2. When the accused subject of the WLO has been allowed
by the court to leave the country during the pendency of
the case, or has been acquitted of the charge; and
3. When the preliminary investigation is terminated, or
when the petition for review, or motion for reconsideration
has been denied and/or dismissed.
(c) All applications for lifting/cancellation of HDOs/WLOs must be
under oath and accompanied by certified true copies of the
documentary evidence in support of the ground relied upon.
(d) Any HDO/WLO issued by the Secretary of Justice either motu
proprio or upon request of government functionaries/offices
mentioned in Sections 1 and 2, when the adverse party is the
Government or any of its agencies or instrumentalities, or in the
interest of national security, public safety or public health, may be
lifted or recalled anytime if the application is favorably indorsed by
the government functionaries/offices who requested the issuance
of the aforesaid HDO/WLO.
Section 6. Implementation of HDO/WLO/ADO Issuance and
Lifting/Cancellation. - All Orders issued pursuant to this Circular shall be
immediately transmitted to the Commissioner of Immigration for
implementation, copy furnished the person/s subject thereof, to give the
latter adequate opportunity to content the Order or request consideration
thereof.
Section 7. Allow Departure Order (ADO). - Any person subject of
HDO/WLO issued pursuant to this Circular who intends, for some
exceptional reasons, to leave the country may, upon application under
oath with the Secretary of Justice, be issued an ADO.
The ADO may be issued upon submission of the following requirements:
a. Affidavit stating clearly the purpose, inclusive period of the
intended travel, and containing an undertaking to immediately
report to the DOJ upon return; and
b. Authority to travel or travel clearance from the court or
appropriate government office where the case upon which the
issued HDO/WLO was based is pending, or from the investigating
prosecutor in charge of the subject case.
Section 8. Issuance of Clearance/Certification of Not the Same Person. -
Any person who is prevented from leaving the country because his name
appears to be the same as the one that appears in the HDO/WLO issued
pursuant to this Circular may, upon application under oath, be issued a
Certification to the effect that said person is not the same person whose
name appears in the issued HDO/WLO.
The Certification may be issued upon submission of the following
requirements:
a. Affidavit of Denial;
b. Photocopy of the page of the passport bearing the personal
details;
c. Latest clearance from the National Bureau of Investigation
(NBI); and
d. Clearance from the court or appropriate government agency,
whenever applicable.
Section 9. Processing Fees. - Pursuant to the provisions of Republic Act
No. 9279 and its Implementing Rules and Regulations, there shall be
5
collected and paid to the Cashier's Office of this Department the following
fees to cover the administrative costs for services rendered by the Legal
Staff, to wit:
Issuance/Lifting or Cancellation/Extension of HDO/WLO
- P2,500.00
Issuance of Allow Departure Order
- P2,500.00
Issuance of Clearance/Certification of Not the Same Person
- P500.00
Section 10. Repealing Clause. - All rules and regulations, particularly
those contained in Circular No. 17 dated March 19, 1998 and Circular No.
18 dated April 23, 2007, as well as all instructions, issuances or orders or
parts thereof inconsistent with the Rules provided herein, are hereby
superseded and/or repealed accordingly.
Section 11. Effectivity. - These rules shall take effect immediately.
SC Circular 39-97
SUBJECT: GUIDELINES IN THE ISSUANCE OF HOLD-DEPARTURE ORDERS.
In order to avoid the indiscriminate issuance of Hold-Departure Orders
resulting in inconvenience to the parties affected, the same being
tantamount to an infringement on the right and liberty of an individual to
travel and to ensure that the Hold-Departure Orders which are issued
contain complete and accurate information, the following guidelines are
hereby promulgated:
1. Hold-Departure Orders shall be issued only in criminal cases within the
exclusive jurisdiction of the Regional Trial Courts;
2. The Regional Trial Courts issuing the Hold-Departure Order shall furnish
the Department of Foreign Affairs [DFA] and the Bureau of Immigration
[BI] of the Department of Justice with a copy each of the Hold-Departure
Order issued within twenty-four (24) hours from the time of issuance and
through the fastest available means of transmittal;
3. The Hold-Departure Order shall contain the following information:
a. The complete name (including the middle name), the date and place of
birth and the place of last residence of the person against whom a Hold-
Departure Order has been issued or whose departure from the country has
been enjoined;
b. The complete title and the docket number of the case in which the Hold-
Departure Order was issued;
c. The specific nature of the case; and
d. The date of the Hold-Departure Order.
If available, a recent photograph of the person against whom a Hold-
Departure Order has been issued or whose departure from the country has
been enjoined should also be included.
4. Whenever [a] the accused has been acquitted; or [b] the case has been
dismissed, the judgment of acquittal or the order of dismissal shall include
therein the cancellation of the Hold-Departure Order issued. The Court
concerned shall furnish the Department of Foreign Affairs and the Bureau
of Immigration with a copy each of the judgment of acquittal promulgated
or the order of dismissal issued within twenty-four [24] hours from the
time of promulgation/issuance and likewise through the fastest available
means of transmittal.
All Regional Trial Courts which have furnished the Department of Foreign
Affairs with their respective lists of active Hold-Departure Orders included
in the said lists and inform the government agencies concerned of the
status of the Orders involved.
This Circular revokes Circular No. 38-94 dated 6 June 1994 and Circular
No. 62-96 dated 9 September 1996, takes effect immediately and shall
remain in force until further orders.
For strict compliance.
Republic Act 9262
March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence
Against Women and Their Children Act of 2004".
6
SECTION 2. Declaration of Policy.- It is hereby declared that the State
values the dignity of women and children and guarantees full respect for
human rights. The State also recognizes the need to protect the family and
its members particularly women and children, from violence and threats to
their personal safety and security.
Towards this end, the State shall exert efforts to address violence
committed against women and children in keeping with the fundamental
freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the Elimination
of all forms of discrimination Against Women, Convention on the Rights of
the Child and other international human rights instruments of which the
Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act
or a series of acts committed by any person against a woman who
is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or
is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or
physical harm;
B. "Sexual violence" refers to an act which is sexual in
nature, committed against a woman or her child. It
includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch
obscene publications and indecent shows or forcing
the woman or her child to do indecent acts and/or
make films thereof, forcing the wife and
(b) "Battery" refers to an act of inflicting physical harm upon the
mistress/lover to live in the conjugal home or sleep
woman or her child resulting to the physical and psychological or
together in the same room with the abuser;
emotional distress.
b) acts causing or attempting to cause the victim
to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical
or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional suffering of
the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and mental infidelity.
It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the
family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt
to make a woman financially dependent which includes,
but is not limited to the following:
1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73
of the Family Code;
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment
of the conjugal, community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money or properties
or solely controlling the conjugal money or
properties.
7
 (c) "Battered Woman Syndrome" refers to a scientifically defined
pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person
who, knowingly and without lawful justification follows the woman
or her child or places the woman or her child under surveillance
directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties
live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social
context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or
may not result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution
maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act
or any other suitable place the resident of which is willing
temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or
older but are incapable of taking care of themselves as defined
under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to
promote the protection and safety of victims of violence against women
and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The
crime of violence against women and their children is committed through
any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical
harm;
(e) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman
or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting
the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman
or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her
children of financial support legally due her or her family,
or deliberately providing the woman's children insufficient
financial support;
(3) Depriving or threatening to deprive the woman or her
child of a legal right;
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling
the victim's own mon4ey or properties, or solely controlling
the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for
the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to
engage in any sexual activity which does not constitute rape, by
force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes substantial
emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:
8
 (1) Stalking or following the woman or her child in public
or private places;
(2) Peering in the window or lingering outside the
residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited to,
repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's
child/children.
SECTION 6. Penalties.- The crime of violence against women and their
children, under Section 5 hereof shall be punished according to the
following rules:
(a) Acts falling under Section 5(a) constituting attempted,
frustrated or consummated parricide or murder or homicide shall
be punished in accordance with the provisions of the Revised Penal
Code.
If these acts resulted in mutilation, it shall be punishable in
accordance with the Revised Penal Code; those constituting
serious physical injuries shall have the penalty of prison mayor;
those constituting less serious physical injuries shall be punished
by prision correccional; and those constituting slight physical
injuries shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment
of two degrees lower than the prescribed penalty for the
consummated crime as specified in the preceding paragraph but
shall in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by
arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision
correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto
mayor;
(e) Acts falling under Section 5(g) shall be punished by prision
mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be
punished by prision mayor.
If the acts are committed while the woman or child is pregnant or
committed in the presence of her child, the penalty to be applied
shall be the maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in
the amount of not less than One hundred thousand pesos
(P100,000.00) but not more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family
Court shall have original and exclusive jurisdiction over cases of violence
against women and their children under this law. In the absence of such
court in the place where the offense was committed, the case shall be filed
in the Regional Trial Court where the crime or any of its elements was
committed at the option of the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued
under this act for the purpose of preventing further acts of violence
against a woman or her child specified in Section 5 of this Act and granting
other necessary relief. The relief granted under a protection order serve
the purpose of safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and
ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement
agencies. The protection orders that may be issued under this Act are the
barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or
committing, personally or through another, any of the acts
mentioned in Section 5 of this Act;
9
(b) Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating with the
petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of
the petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if
respondent must remove personal effects from the residence, the
court shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort respondent from
the residence;
(d) Directing the respondent to stay away from petitioner and
designated family or household member at a distance specified by
the court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner
and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an
automobile and other essential personal effects, regardless of
ownership, and directing the appropriate law enforcement officer
to accompany the petitioner to the residence of the parties to
ensure that the petitioner is safely restored to the possession of
the automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of personal
belongings;
(f) Granting a temporary or permanent custody of a child/children
to the petitioner;
(g) Directing the respondent to provide support to the woman
and/or her child if entitled to legal support. Notwithstanding other
laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be
withheld regularly by the respondent's employer for the same to
be automatically remitted directly to the woman. Failure to remit
and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of
any firearm or deadly weapon and order him to surrender the
same to the court for appropriate disposition by the court,
including revocation of license and disqualification to apply for any
license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to surrender
his firearm and shall direct the appropriate authority to investigate
on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted,
including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide
petitioner may need; and
(k) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the petitioner
and any designated family or household member, provided
petitioner and any designated family or household member
consents to such relief.
Any of the reliefs provided under this section shall be granted even
in the absence of a decree of legal separation or annulment or
declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO
shall not preclude a petitioner from applying for, or the court from
granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. A petition for
protection order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of
local government units (LGUs);
(e) police officers, preferably those in charge of women and
children's desks;
(f) Punong Barangay or Barangay Kagawad;
10
 (g) lawyer, counselor, therapist or healthcare provider of the
petitioner;
(h) At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense
committed.
SECTION 10. Where to Apply for a Protection Order. Applications for
BPOs shall follow the rules on venue under Section 409 of the Local
Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit trial court
with territorial jurisdiction over the place of residence of the petitioner:
Provided, however, That if a family court exists in the place of residence of
the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. The application for a
protection order must be in writing, signed and verified under oath by the
applicant. It may be filed as an independent action or as incidental relief in
any civil or criminal case the subject matter or issues thereof partakes of a
violence as described in this Act. A standard protection order application
form, written in English with translation to the major local languages, shall
be made available to facilitate applications for protections order, and shall
contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in
Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a
protection order in another court.
If the applicants is not the victim, the application must be accompanied by
an affidavit of the applicant attesting to (a) the circumstances of the abuse
suffered by the victim and (b) the circumstances of consent given by the
victim for the filling of the application. When disclosure of the address of
the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is
residing in the municipality or city over which court has territorial
jurisdiction, and shall provide a mailing address for purpose of service
processing.
An application for protection order filed with a court shall be considered an
application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the
preparation of the application. Law enforcement agents shall also extend
assistance in the application for protection orders in cases brought to their
attention.
SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs
issued under this Act shall be enforceable anywhere in the Philippines and
a violation thereof shall be punishable with a fine ranging from Five
Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. If
the woman or her child requests in the applications for a protection order
for the appointment of counsel because of lack of economic means to hire
a counsel de parte, the court shall immediately direct the Public Attorney's
Office (PAO) to represent the petitioner in the hearing on the application.
If the PAO determines that the applicant can afford to hire the services of
a counsel de parte, it shall facilitate the legal representation of the
petitioner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the
perpetrator, shall qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred from
representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and
How. - Barangay Protection Orders (BPOs) refer to the protection order
issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection
order to the applicant on the date of filing after ex parte determination of
the basis of the application. If the Punong Barangay is unavailable to act
on the application for a BPO, the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by an attestation by
11
the Barangay Kagawad that the Punong Barangay was unavailable at the
time for the issuance of the BPO. BPOs shall be effective for fifteen (15)
days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same
on the respondent, or direct any barangay official to effect is personal
service.
The parties may be accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.
SECTION 15. Temporary Protection Orders. Temporary Protection
Orders (TPOs) refers to the protection order issued by the court on the
date of filing of the application after ex parte determination that such
order should be issued. A court may grant in a TPO any, some or all of the
reliefs mentioned in this Act and shall be effective for thirty (30) days. The
court shall schedule a hearing on the issuance of a PPO prior to or on the
date of the expiration of the TPO. The court shall order the immediate
personal service of the TPO on the respondent by the court sheriff who
may obtain the assistance of law enforcement agents for the service. The
TPO shall include notice of the date of the hearing on the merits of the
issuance of a PPO.
SECTION 16. Permanent Protection Orders. Permanent Protection Order
(PPO) refers to protection order issued by the court after notice and
hearing.
Respondents non-appearance despite proper notice, or his lack of a
lawyer, or the non-availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a
PPO. If the respondents appears without counsel on the date of the
hearing on the PPO, the court shall appoint a lawyer for the respondent
and immediately proceed with the hearing. In case the respondent fails to
appear despite proper notice, the court shall allow ex parte presentation of
the evidence by the applicant and render judgment on the basis of the
evidence presented. The court shall allow the introduction of any history of
abusive conduct of a respondent even if the same was not directed against
the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits
of the issuance of a PPO in one (1) day. Where the court is unable to
conduct the hearing within one (1) day and the TPO issued is due to
expire, the court shall continuously extend or renew the TPO for a period
of thirty (30) days at each particular time until final judgment is issued.
The extended or renewed TPO may be modified by the court as may be
necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8
hereof in a PPO. A PPO shall be effective until revoked by a court upon
application of the person in whose favor the order was issued. The court
shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of
the lapse of time between the act of violence and the filing of the
application.
Regardless of the conviction or acquittal of the respondent, the Court must
determine whether or not the PPO shall become final. Even in a dismissal,
a PPO shall be granted as long as there is no clear showing that the act
from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. The following
statement must be printed in bold-faced type or in capital letters on the
protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection
Orders Failure to act on an application for a protection order within the
reglementary period specified in the previous section without justifiable
cause shall render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. In cases of legal separation,
where violence as specified in this Act is alleged, Article 58 of the Family
Code shall not apply. The court shall proceed on the main case and other
incidents of the case as soon as possible. The hearing on any application
for a protection order filed by the petitioner must be conducted within the
mandatory period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. Ex parte and
adversarial hearings to determine the basis of applications for a protection
order under this Act shall have priority over all other proceedings.
Barangay officials and the courts shall schedule and conduct hearings on
applications for a protection order under this Act above all other business
and, if necessary, suspend other proceedings in order to hear applications
for a protection order.
SECTION 21. Violation of Protection Orders. A complaint for a violation
of a BPO issued under this Act must be filed directly with any municipal
trial court, metropolitan trial court, or municipal circuit trial court that has
territorial jurisdiction over the barangay that issued the BPO. Violation of a
BPO shall be punishable by imprisonment of thirty (30) days without
12
prejudice to any other criminal or civil action that the offended party may
file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules
of Court. During trial and upon judgment, the trial court may motu proprio
issue a protection order as it deems necessary without need of an
application.
Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt of court punishable under Rule 71 of the Rules of
Court, without prejudice to any other criminal or civil action that the
offended party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. The
foregoing provisions on protection orders shall be applicable in impliedly
instituted with the criminal actions involving violence against women and
their children.
SECTION 23. Bond to Keep the Peace. The Court may order any person
against whom a protection order is issued to give a bond to keep the
peace, to present two sufficient sureties who shall undertake that such
person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be
detained for a period which shall in no case exceed six (6) months, if he
shall have been prosecuted for acts punishable under Section 5(a) to 5(f)
and not exceeding thirty (30) days, if for acts punishable under Section
5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs
issued only by the courts.
SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to 5(f)
shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to
5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. Violence against women and their children
shall be considered a public offense which may be prosecuted upon the
filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. Victim-
survivors who are found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering
from battered woman syndrome at the time of the commission of the
crime, the courts shall be assisted by expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. Being under the influence of alcohol,
any illicit drug, or any other mind-altering substance shall not be a
defense under this Act.
SECTION 28. Custody of children. The woman victim of violence shall
be entitled to the custody and support of her child/children. Children below
seven (7) years old older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the
court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be
disqualified from having custody of her children. In no case shall custody
of minor children be given to the perpetrator of a woman who is suffering
from Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and
court personnel should observe the following duties when dealing with
victims under this Act:
a) communicate with the victim in a language understood by the
woman or her child; and
b) inform the victim of her/his rights including legal remedies
available and procedure, and privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay
officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance
or protection of the victim by entering the necessary whether or
not a protection order has been issued and ensure the safety of
the victim/s;
(b) confiscate any deadly weapon in the possession of the
perpetrator or within plain view;
13
 (c) transport or escort the victim/s to a safe place of their choice
or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and
employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by
the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any
of the acts of violence defined by this Act is occurring, or when
he/she has personal knowledge that any act of abuse has just
been committed, and there is imminent danger to the life or limb
of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the
DSWD, social Welfare Department of LGUs or accredited non-
government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall
be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or administrative liability.
SECTION 31. Healthcare Provider Response to Abuse Any healthcare
provider, including, but not limited to, an attending physician, nurse,
clinician, barangay health worker, therapist or counselor who suspects
abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or
psychological injuries;
(b) properly record any of victim's suspicions, observations and
circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical
certificate concerning the examination or visit;
(d) safeguard the records and make them available to the victim
upon request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs Other
government agencies and LGUs shall establish programs such as, but not
limited to, education and information campaign and seminars or symposia
on the nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to
ensure the sustained education and training of their officers and personnel
on the prevention of violence against women and their children under the
Act.
SECTION 33. Prohibited Acts. A Punong Barangay, Barangay
Kagawad or the court hearing an application for a protection order shall
not order, direct, force or in any way unduly influence he applicant for a
protection order to compromise or abandon any of the reliefs sought in the
application for protection under this Act. Section 7 of the Family Courts Act
of 1997 and Sections 410, 411, 412 and 413 of the Local Government
Code of 1991 shall not apply in proceedings where relief is sought under
this Act.
Failure to comply with this Section shall render the official or judge
administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. In every case
of violence against women and their children as herein defined, any
person, private individual or police authority or barangay official who,
acting in accordance with law, responds or intervenes without using
violence or restraint greater than necessary to ensure the safety of the
victim, shall not be liable for any criminal, civil or administrative liability
resulting therefrom.
SECTION 35. Rights of Victims. In addition to their rights under existing
laws, victims of violence against women and their children shall have the
following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of
Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for
under the Family Code; and
14
 (e) To be informed of their rights and the services available to
them including their right to apply for a protection order.
SECTION 36. Damages. Any victim of violence under this Act shall be
entitled to actual, compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. The court shall expedite the
process of issuance of a hold departure order in cases prosecuted under
this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other
Expenses. If the victim is an indigent or there is an immediate necessity
due to imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment of
the filing fee and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their
Children (IAC-VAWC). In pursuance of the abovementioned policy, there is
hereby established an Inter-Agency Council on Violence Against Women
and their children, hereinafter known as the Council, which shall be
composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate
VAW based on their mandates as well as develop capability programs for
their employees to become more sensitive to the needs of their clients.
The Council will also serve as the monitoring body as regards to VAW
initiatives.
The Council members may designate their duly authorized representative
who shall have a rank not lower than an assistant secretary or its
equivalent. These representatives shall attend Council meetings in their
behalf, and shall receive emoluments as may be determined by the Council
in accordance with existing budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. The DSWD,
and LGU's shall provide the victims temporary shelters, provide
counseling, psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. The DSWD shall
provide rehabilitative counseling and treatment to perpetrators towards
learning constructive ways of coping with anger and emotional outbursts
and reforming their ways. When necessary, the offender shall be ordered
by the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence
Against Women and their Children Cases. All agencies involved in
responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and
their children;
b. the legal rights of, and remedies available to, victims of violence
against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to
offer protection and assistance; and
15
 e. techniques for handling incidents of violence against women and
their children that minimize the likelihood of injury to the officer
and promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and
training program for police officers and barangay officials to enable them
to properly handle cases of violence against women and their children.
SECTION 43. Entitled to Leave. Victims under this Act shall be entitled
to take a paid leave of absence up to ten (10) days in addition to other
paid leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this
section shall be penalized in accordance with the provisions of the Labor
Code and Civil Service Rules and Regulations. Likewise, an employer who
shall prejudice any person for assisting a co-employee who is a victim
under this Act shall likewise be liable for discrimination.
SECTION 44. Confidentiality. All records pertaining to cases of violence
against women and their children including those in the barangay shall be
confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim. Whoever
publishes or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or other
identifying information of a victim or an immediate family member,
without the latter's consent, shall be liable to the contempt power of the
court.
Any person who violates this provision shall suffer the penalty of one (1)
year imprisonment and a fine of not more than Five Hundred Thousand
pesos (P500,000.00).
SECTION 45. Funding The amount necessary to implement the
provisions of this Act shall be included in the annual General
Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies
and LGU's shall be used to implement services for victim of violence
against women and their children.
SECTION 46. Implementing Rules and Regulations. Within six (6)
months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the
DILG, the DOH, and the PNP, and three (3) representatives from NGOs to
be identified by the NCRFW, shall promulgate the Implementing Rules and
Regulations (IRR) of this Act.
SECTION 47. Suppletory Application For purposes of this Act, the
Revised Penal Code and other applicable laws, shall have suppletory
application.
SECTION 48. Separability Clause. If any section or provision of this Act
is held unconstitutional or invalid, the other sections or provisions shall not
be affected.
SECTION 49. Repealing Clause All laws, Presidential decrees, executive
orders and rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
SECTION 50. Effectivity This Act shall take effect fifteen (15) days from
the date of its complete publication in at least two (2) newspapers of
general circulation.
A.M. No. 02-11-12-SC
RE: PROPOSED RULE ON PROVISIONAL ORDERS
RESOLUTION
Acting on the letter of the Chairman of the Committee on Revision
of the Rules of Court submitting for this Court's consideration and approval
the Proposed Rule on Provisional Orders, the Court Resolved to APPROVED
the same.
The Rule shall take effect on March 15, 2003 following its
publication in a newspaper of general circulation not later than March 7,
2003
March 4, 2003
RULE ON PROVISIONAL ORDERS
Section 1. When Issued, - Upon receipt of a verified petition for
declaration of absolute nullity of void marriage or for annulment of
voidable marriage, or for legal separation, and at any time during the
16
proceeding, the court, motu proprio or upon application under oath of any
of the parties, guardian or designated custodian, may issue provisional
orders and protection orders with or without a hearing. These orders may
be enforced immediately, with or without a bond, and for such period and
under such terms" and conditions as the court may deem necessary.
Section 2. Spousal Support. - In determining support for the spouses, the
court may be guided by the following rules:
(a) In the absence of adequate provisions in a written agreement
between the spouses, the spouses may be supported from the
properties of the absolute community or the conjugal partnership.
(b) The court may award support to either spouse in such amount
and for such period of time as the court may deem just and
reasonable based on their standard of living during the marriage.
(c) The court may likewise consider the following factors: (1)
whether the spouse seeking support is the custodian of a child
whose circumstances make it appropriate for that spouse not to
seek outside employment; (2) the time necessary to acquire
sufficient education and training to enable the spouse seeking
support to find appropriate employment, and that spouse's future
earning capacity; (3) the-duration of the marriage; (4) the
comparative financial resources of the spouses, including their
comparative earning abilities in the labor market; (5) the needs
and obligations of each spouse; (6) the contribution of each
spouse to the marriage, including services rendered in home-
making, child care, education, and career building of the other
spouse; (7) the age and health of the spouses; (8) the physical
and emotional conditions of the spouses; (9) the ability of the
supporting spouse to give support, taking into account that
spouse's earning capacity, earned and unearned income, assets,
and standard of living; and (10) any other factor the court may
deem just and equitable.
(d) The Family Court may direct the deduction of the provisional
support from the salary of the spouse.
Section 3. Child Support. - The common children of the spouses shall be
supported from the properties of the absolute community or the conjugal
partnership.
Subject to the sound discretion of the court, either parent or both
may be ordered to give an amount necessary for the support,
maintenance, and education of the child. It shall be in proportion to the
resources or means of the giver and to the necessities of the recipient.
In determining the amount of provisional support, the court may
likewise consider the following factors: (1) the financial resources of the
custodial and non-custodial parent and those of the child; (2) the physical
and emotional health of the child and his or her special needs and
aptitudes; (3) the standard of living the child has been accustomed to; (4)
the non-monetary contributions that the parents will make toward the care
and well-being of the child.
The Family Court may direct the deduction of the provisional
support from the salary of the parent.
Section 4. Child Custody. - In determining the right party or person to
whom the custody of the child of the parties may be awarded pending the
petition, the court shall consider the best interests of the child and shall
give paramount consideration to the material and moral welfare of the
child.
The court may likewise consider the following factors: (a) the
agreement of the parties; (b) the desire and ability of each parent to
foster an open and loving relationship between the child and the other
parent; (c) the child's health, safety, and welfare; (d) any history of child
or spousal abase by the person seeking custody or who has had any filial
relationship with the child, including anyone courting the parent; (e) the
nature and frequency of contact with both parents; (f) habitual use of
alcohol or regulated substances; (g) marital misconduct; (h) the most
suitable physical, emotional, spiritual, psychological and educational
environment; and (i) the preference of the child, if over seven years of age
and of sufficient discernment, unless the parent chosen is unfit.
The court may award provisional custody in the following order of
preference: (1) to both parents jointly; (2) to either parent taking into
account all relevant considerations under the foregoing paragraph,
especially the choice of the child over seven years of age, unless the
parent chosen is unfit; (3} to the surviving grandparent, or if there are
several of them, to the grandparent chosen by the child over seven years
of age and of sufficient discernment, unless the grandparent is unfit or
disqualified; (4) to the eldest brother or sister over twenty-one years of
age, unless he or she is unfit or disqualified; (5) to the child's actual
custodian over twenty-one years of age, unless unfit or disqualified; or (6)
to any other person deemed by the court suitable to provide proper care
and guidance for the child.
17
 The custodian temporarily designated by the" court shall give the
court and the parents five days notice of any plan to change the residence
of the child or take him out of his residence for more than three days
provided it does not prejudice the visitation rights of the parents.
Section 5. Visitation Rights. - Appropriate visitation rights shall be
provided to the parent who is not awarded provisional custody unless
found unfit or disqualified by the court. .
Section 6. Hold Departure Order. - Pending resolution of the petition, no
child of the parties shall be brought out of the country without prior order
from the court.
The court, motu proprio or upon application under oath, may issue
ex-parte a hold departure order, addressed to the Bureau of Immigration
and Deportation, directing it not to allow the departure of the child from
the Philippines without the permission of the court.
The Family Court issuing the hold departure order shall furnish the
Department of Foreign Affairs and the Bureau of Immigration and
Deportation of the Department of Justice a copy of the hold departure
order issued within twenty-four hours from the time of its issuance and
through the fastest available means of transmittal.
The hold-departure order shall contain the following information:
(a) the complete name (including the middle name), the date and
place of birth, and the place of last residence of the person against
whom a hold-departure order has been issued or whose departure
from the country has been enjoined;
(b) the complete title and docket number of the case in which the
hold departure was issued;
(c) the specific nature of the case; and
(d) the date of the hold-departure order.
If available, a recent photograph of the person against whom a
hold-departure order has been issued or whose departure from the country
has been enjoined should also be included.
The court may recall the order. motu proprio or upon verified
motion of any of the parties after summary hearing, subject to such terms
and conditions as may be necessary for the best interests of the child.
Section 7. Order of Protection. - The court may issue an Order of
Protection requiring any person:
(a) to stay away from the home, school, business, or place of
employment of the child, other parent or any other party, and to
stay away from any other specific place designated by the court;
(b) to refrain from harassing, intimidating, or threatening such
child or the other parent or any person to whom custody of the
child is awarded;
(c) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety, or welfare of the child;
(d) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated
periods;
(e) to permit a designated party to enter the residence during a
specified period of time in order to take persona! belongings not
contested in a proceeding pending with the Family Court;
(f) to comply with such other orders as are necessary for the
protection of the child.
Section 8. Administration of Common Property. - If a spouse without just
cause abandons the other or-fails to comply with his or her obligations to
the family, the court may, upon application of the aggrieved party under
oath, issue a provisional order appointing the applicant or a third person
as receiver or sole administrator of the common property subject to such
precautionary conditions it may impose.
The receiver or administrator may not dispose of or encumber any
common property or specific separate property of either spouse without
prior authority of the court.
The provisional order issued by the court shall be registered in the
proper Register of Deeds and annotated in all titles of properties subject of
the receivership or administration.
18
Section 9. Effectivity. - This Rule shall take effect on March 15, 2003
following its publication in a newspaper of general circulation not later than
March 7, 2003.
Cases:
1. Hold Departure Order issued by Judge Madronio, Municipal Trial
Court, Manaog, Pangasinan, A.M. No. 99-12-192-MTC, January 26,
2000
2. Mupas v. Espanol, A.M. No. RTJ-04-1850, July 14, 2004
Part II. JURISDICTION OF THE SANDIGANBAYAN
A. Law
Section 4, Article XI of the 1987 Constitution
Section 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.
PD. 1486
June 11, 1978
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 and pursuant to
Proclamation No. 1081, dated September 21, 1972, do hereby order and
decree as follows:
Section 1. Sandiganbayan; Composition; Qualifications; tenure; removal
and compensation. A special court, possessing all the inherent powers of a
court of justice, to be known as the Sandiganbayan is hereby created
composed of a Presiding Judge and eight (8) Associate Judges who shall
be appointed by the President and shall be subject to the same inhibitions
and/or disqualifications as judges of courts of first instance.
No person shall be appointed Presiding Judge or Associate Judge of the
Sandiganbayan, unless he is a natural-born citizen of the Philippines, at
least 40 years of age and for at least ten (10) years or more had 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
prerequisite for a like period.
The Presiding Judge shall be so designated in his commission and the
other judges shall have precedence according to the dates of their
respective commissions, or when the commissions of two (2) or more of
them shall hear the same date, according to the order in which their
commissions have been issued by the President.
The Presiding Judge and the Associate Judges shall not be removed from
office except on impeachment upon the grounds and in the manner
provided for in Sections 2 and 3 of Article III of the 1973 Constitution.
The Presiding Judge shall receive an annual compensation of P60,000.00
and each Associate Judge P50,000.00 which shall not be diminished during
their continuance in office.
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; Provided, however,
that the Presiding Judge may authorize any division or divisions of the
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 order of the Sandiganbayan.
Section 3. Quorum. Five judges shall constitute a quorum for sessions en
banc, and two judges for sessions in division; Provided, that when a
19
quorum and/or the majority required for a 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 judge or of a
vacancy occurring therein, the President shall, upon recommendation of
the Presiding Judge, designate any judge of the court of first instance or of
the circuit criminal court of the judicial district concerned to sit temporarily
therein.
The Sandiganbayan shall, as a body, sit en banc but it may sit in three (3)
divisions of three (3) judges each. The three (3) divisions may sit at the
same time.
If the Presiding Judge is present in any session of the court, whether en
banc or in division, he shall preside. In his absence the Associate Judge
attending who is first in precedence shall preside.
Section 4. Jurisdiction. Except as herein provided, the Sandiganbayan
shall have original and exclusive jurisdiction to try and decide:
(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 or employees, including those
employed in government-owned or controlled corporations, embraced in
Title VII of the Revised Penal Code;
(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; Provided, that, in case private individuals are
accused as principals, accomplices or accessories in the commission of the
crimes hereinabove mentioned, they shall be tried jointly with the public
officers or employees concerned.
Where the accused is charged of an offense in relation to his office and the
evidence is insufficient to establish the offense so charged, he may
nevertheless be convicted and sentenced for the offense included in that
which is charged.
(d) Civil suits brought in connection with the aforementioned crimes for
restitution or reparation of damages, recovery of the instruments and
effects of the crimes, or forfeiture proceedings provided for under Republic
Act No. 1379;
(e) Civil actions brought under Articles 32 and 34 of the Civil Code.
Exception from the foregoing provisions during the period of material law
are criminal cases against officers and members of the Armed Forces of
the Philippines, and all others who fall under the exclusive jurisdiction of
the military tribunals.
Section 5. Proceedings against constitutional officers; votes required. All
cases involving constitutional officers shall be heard and decided by the
Sandiganbayan en banc; Provided, that when a non-constitutional officer
or employee or private individual is charged or sued jointly with a
constitutional officer under Section 4 hereof, they shall all be tried jointly
by the Sandiganbayan en banc. All other cases may be tried and decided
by a division.
The affirmative vote of five (5) judges is necessary for a decision of the
Sandiganbayan en banc. The affirmative vote of two judges in a division
shall be necessary for the promulgation of a judgment.
Section 6. Maximum period for termination of cases. As far as practicable,
the trial of cases before the Sandiganbayan en banc or in division once
commenced shall be continuous until terminated and the judgment en
banc or in division shall be rendered within three (3) months from the date
the case was submitted for decision.
Section 7. Form, finality and enforcement of decisions; petitions for
reconsideration. Decisions and final orders of the Sandiganbayan shall
contain complete findings of fact on all issues properly raised before it.
Decisions and final orders en banc shall be subject to review by the
Supreme Court in accordance with Rule 45 of the Rules of Court; and
those of a division shall be appealable under Rule 42 thereof. The Supreme
Court shall hear and decide any case on appeal promptly and without the
necessity of placing it upon the regular calendar. Whenever, in any case
decided by the Sandiganbayan en banc or by a division thereof, the death
penalty of life imprisonment 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.
Any party may file a petition for reconsideration of any order or decision of
the Sandiganbayan en banc or in division within fifteen (15) days from
receipt of a certified copy of such order or decision and such petition for
reconsideration shall be decided by the Sandiganbayan en banc or in
division, as the case may be, within thirty (30) days from submission
thereof.
Final judgments and orders of the Sandiganbayan en banc or in division
shall be executed and enforced in the manner provided for in the Rules of
Court.
20
Section 8. Transfer of cases. All cases cognizable by the Sandiganbayan
as herein provided, the trial of which had not yet commenced in the trial
courts as of the date of its organization shall be transferred to the
Sandiganbayan, except those cases filed in the military tribunals and those
cases against military personnel which shall remain in the military
tribunals.
Section 9. 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 judges and other matters relating to its business.
Section 10. Proceedings free of charge; premature publicity
prohibited. All proceedings in the Sandiganbayan en banc or in division
shall be conducted at no cost to the complainant and/or his witnesses.
No criminal complaint shall be given due course by the Sandiganbayan
except upon a certification by the Chief Special Prosecutor of the existence
of probable cause to be determined after a preliminary investigation
conducted in accordance with existing laws. No publicity shall be allowed
during the pendency of such preliminary investigation and the name of the
complainant and the accused shall not be made public until after an
information is field with the Sandiganbayan.
Section 11. Administrative Personnel. Upon recommendation of the
Sandiganbayan, the Supreme Court may designate, from among the
officers and employees under it, or appoint the personnel necessary for
the Sandiganbayan, including a Clerk of Court and three (3) Deputy Clerks
of Court; Provided, however, that those designated shall not receive
additional compensation, except per diems, traveling and necessary
expenses in accordance with existing laws and rules.
The Clerk of Court shall have an annual compensation of P23,000.00, and
the deputy clerks of court, P18,000.00. The Clerk of Court and deputy
clerks of court shall at least be members of the bar.
All 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 12. Office of the Chief Special Prosecutor. The provisions of any
law or rule to the contrary notwithstanding, the direction and control of the
prosecution of cases mentioned in Section 4 hereof, shall be exercised by
a Chief Special Prosecutor who shall be assisted by one (1) Assistant Chief
Special Prosecutor and nine (9) Special Prosecutors who shall be appointed
by the President. The Chief Special Prosecutor shall have annual
compensation of P30,000.00, the Assistant Chief Special Prosecutor of
P28,000.00 and the Special Prosecutors of P24,000.00 which shall not be
diminished during their continuance in office.
The Chief Special Prosecutor, the Assistant Chief and the Special
Prosecutors shall have exclusive authority to conduct preliminary
investigations of all complaints filed with the Sandiganbayan, to file
information and conduct the prosecution of all cases; Provided, that the
Secretary of Justice may designate any lawyer in the government service
as special prosecutor or special counsel to assist the Chief Special
Prosecutor in conducting preliminary investigations and prosecuting cases
before the Sandiganbayan.
The Chief Special Prosecutor, Assistant Chief Special Prosecutor and
Special Prosecutors mentioned in the preceding paragraph shall have the
authority to administer oaths, to issue subpoena and subpoena duces
tecum, summon and compel witnesses to appear and testify under oath
before them and to bring books, documents or other things under their
control and to secure the attendance or presence of any absent or
recalcitrant witness through application before the Sandiganbayan en banc
or in division or before any inferior or superior court having jurisdiction of
the place where the witness or evidence may be found.
The Chief Special Prosecutor and his assistants shall be under the control
of the Secretary of Justice.
Section 13. Office of Special Investigators. To assist the Chief Special
Prosecutor in the performance of his duties, the Secretary of Justice may,
upon the recommendation of the Chief Special Prosecutor, appoint such
number of Special Investigators and subordinate personnel as may be
deemed necessary therefor and/or detail to the Office of the Chief Special
Prosecutor any officer or employee of the Department of Justice or any
Bureau or Office under the executive supervision thereof; Provided, that
those designated shall not receive additional compensation except per
diems, traveling and necessary expenses in accordance with existing law
and rules. The Office of Special Investigators shall be under the Chief
Special Prosecutor. The appointment of Special Investigators and
subordinate personnel therein shall be subject to Civil Service Law and
Rules.
The Sandiganbayan may, upon proper, request of the Chief Special
Prosecutor, require the assistance and services of any Department,
Agency, or Bureau of the government.
21
Section 14. 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 15. Funding. There is hereby immediately appropriated out of any
funds in the National Treasury not otherwise appropriated, such sums as
may be necessary to carry out the provisions of this Decree and thereafter
to be included in the general appropriation act. The appropriations for the
Sandiganbayan shall be automatically released in accordance with a
schedule submitted by the Sandiganbayan.
Section 16. Repealing Clause. Any provision of law, order, rule or
regulation inconsistent with the provisions of this Decree is hereby
repealed or modified accordingly.
Section 17. Effectivity. This Decree shall be part of the laws of the land
and shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
PD 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.
22
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.
23
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
24
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
25
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:
26
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.
27
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
28
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.
PD 1861
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
WHEREAS, Batas Pambansa Blg. 129 has simplified the rules on jurisdiction
by, among others, abolishing the concurrent jurisdiction of the
Sandiganbayan and the regular courts;
WHEREAS, Batas Pambansa Blg. 129 expanded the exclusive original
jurisdiction of the Sandiganbayan over the offenses enumerated in Sec. 4
of Presidential Decree No. 1606, to embrace all such offenses irrespective
of the imposable penalty;
WHEREAS, there has been a proliferation and marked increase in the filing
of cases before the Sandiganbayan where the offense charged is punishable
by a penalty not higher than prision correccional or its equivalent; and
WHEREAS, to insure that the prosecution of offenses committed by public
officers and employees, including those employed in government-owned or
controlled corporations, shall be as inexpensive and as expeditious as
possible, and in keeping with the constitutional mandate constituting the
Sandiganbayan as a special court to try cases involving graft and
corruption, and other offenses committed by public officers and employees
in relation to their office, it is necessary and desirable that certain cases
shall be triable by the appropriate courts, with appellate jurisdiction over
these cases to be vested in the Sandiganbayan.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order
and decree as follows:
Section 1. Sec. 4 of Presidential Decree No. 1606 is hereby amended to
read as follows:
"Sec. 4 Jurisdiction. The Sandiganbayan shall exercise:
"(a) Exclusive original jurisdiction in all cases involving:
(1) 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, Sec. 2, Title VII of the Revised Penal Code;
(2)chanroblesnad Other offenses or felonies committed by public officers
and employees in relation to their office, including those employed in
government-owned or controlled corporations, whether simple or
complexed with other crimes, where the penalty prescribed by law is higher
than prision correccional or imprisonment for six (6) years, or a fine of
P6,000.00: PROVIDED, HOWEVER, that offenses or felonies mentioned in
this paragraph where the penalty prescribed by law does not exceed prision
correccional or imprisonment for six (6) years or a fine of P6,000.00 shall
be tried by the proper Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court and Municipal Circuit Trial Court.
"(b) Exclusive appellate jurisdiction:
(1)On appeal, from the final judgments, resolutions or orders of the
Regional Trial Courts in cases originally decided by them in their respective
territorial jurisdiction.
(2) By petition for review, from the final judgments, resolutions or orders of
the Regional Trial Courts in the exercise of their appellate jurisdiction over
cases originally decided by the Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts, in their respective jurisdiction.
"The procedure prescribed in Batas Pambansa Blg. 129, as well as the
implementing rules the Supreme Court has promulgated and may
hereinafter promulgate, relative to appeals/petitions for review to the
Intermediate Appellate Court shall apply to appeals and petitions for review
filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan,
the Office of the Tanodbayan shall represent the People of the Philippines.
"In case private individuals are charged as co-principals, accomplices or
accessories with the public officers or employees, including those employed
in government-owned or controlled corporations, they shall be tried jointly
with said public officers and employees.
29
"Any provision of law or the Rules of Court to the contrary notwithstanding,
the criminal action and the corresponding civil action for the recovery of
civil liability arising from the offense charged shall at all times be
simultaneously instituted with, and jointly determined in the same
proceeding by the Sandiganbayan or the appropriate courts, the filing of
the criminal action being deemed to necessarily carry with it the filing of
the civil action, and no right to reserve the filing of such civil action
separately from the criminal action shall be recognized: PROVIDED,
HOWEVER, that where the civil action had heretofore been filed separately
but judgment therein has not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the appropriate court, said civil
action shall be transferred to the Sandiganbayan or the appropriate court,
as the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be considered
abandoned."
Sec. 2. All cases pending in the Sandiganbayan or in the appropriate courts
as of the date of the effectivity of this Decree shall remain with and be
disposed of by the courts where they are pending.
Sec. 3 The provisions of this Decree notwithstanding, the Office of the
Tanodbayan shall continue to have the exclusive authority to conduct
preliminary investigation, file the necessary information, and direct and
control the prosecution of all cases enumerated in Sec. 4 of Presidential
Decree No. 1606, whether such cases be within the exclusive
original/appellate jurisdiction of the Sandiganbayan or the appropriate
courts in accordance with the provisions of Presidential Decree No. 1630.
Sec. 4.c All other laws, orders, promulgations, rules and regulations or
parts thereof, which are inconsistent herewith are hereby amended,
repealed or modified accordingly.
Sec. 5. This Decree shall take effect immediately.
Done in the City of Manila, this 23rd day of March, in the year of Our Lord,
nineteen hundred and eighty-three.
REPUBLIC ACT No. 7975
March 30, 1995
AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL
ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT
PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED
Section 1. Section 3 of Presidential Decree No. 1606, as amended by
Executive Order No. 184, is hereby further amended to read as follows:
"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in
five (5) divisions of three justices each. The five (5) may sit at the same
time.
"The first three divisions shall be stationed in the Metro Manila area, the
fourth division shall be in Cebu City for cases coming from the Visayas
region, and the fifth division shall be in Cagayan de Oro City for cases
coming from the Mindanao region.
"Three Justices shall constitute a quorum for sessions in divisions:
Provided, That when the required quorum for the particular division cannot
be had due to the legal disqualification or temporary disability of a Justice
or of a vacancy occurring therein, 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 a case or cases assigned
thereto, unless the operation of the court will be prejudiced thereby, in
which case, the President shall, upon the recommendation of the Presiding
Justice, designate any Justice or Justices of the Court of Appeals to sit
temporarily therein."
Section 2. Section 4 of the same Decree is hereby further amended to
read as follows:
"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction
in all cases involving:
"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 of the Revised Penal
Code, where one or more of the principal accused are officials
occupying the following positions in the government, whether in
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
30
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) PNP chief superintendent and PNP officers of
higher rank;
"(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 or felonies 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.
"In cases where none of the principal accused are occupying positions
corresponding to salary grade "27" or higher, as prescribed in the said
Republic Act No. 6758, or PNP officers occupying the rank of
superintendent or higher, or their equivalent, exclusive 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 jurisdictions as provided in Batas
Pambansa Blg. 129.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction on
appeals from the final judgments, resolutions or orders of regular courts
where all the accused are occupying positions lower than salary grade
"27", or not otherwise covered by the preceding enumeration.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions
for the issuance of the writs of mandamus, prohibition, certiorari, habeas
corpus, injunction, and other ancillary writs and processes in aid of its
appellate jurisdiction: 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 Orders Nos. 1, 2, 14 and 14-A.
"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 in the proper courts
which shall exercise exclusive jurisdiction over them.
31
"Any provision of law or Rules of Court to the contrary notwithstanding,
the criminal action and the corresponding civil action for the recovery of
civil liability arising from the offense charged shall at all times be
simultaneously instituted with, and jointly determined in, the same
proceeding by the Sandiganbayan or the appropriate courts, the filing of
the criminal action being deemed to necessarily carry with it the filing of
the civil action, and no right to reserve the filing of such civil action
separately from the criminal action shall be recognized: Provided,
however, That where the civil action had heretofore been filed separately
but judgment therein has not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the appropriate court, said civil
action shall be transferred to the Sandiganbayan or the appropriate court
as the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed
abandoned."
Section 3. Section 7 of the same decree is hereby amended to read as
follows:
Section 4. Section 9 of the same Decree is hereby amended to read as
follows:
"Sec. 9. Rules of Procedure. - The Rules of Court promulgated by the
Supreme Court shall apply to all cases and proceedings filed with the
Sandiganbayan. The Sandiganbayan shall have no power to promulgate its
own rules of procedure, except to adopt internal rules governing the
allotment of cases among the divisions, the rotation of justices among
them, and other matters relating to the internal operations of the court
which shall be inforced until repealed or modified by the Supreme Court."
Section 5. Section 10 of the same Decree is hereby repealed.
Section 6. Presidential Decrees Nos. 1486, 1606 and 1861, Executive
Orders Nos. 101 and 184 and all other laws, decrees, orders and rules of
which are inconsistent therewith are hereby repealed or modified
accordingly.

Section 7. Upon the effectivity of this Act, all criminal cases in which trial
"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions and
has not begun in the Sandiganbayan shall be referred to the proper courts.
final orders determining the merits of a case or finally disposing of the
action or proceedings of the Sandiganbayan shall contain complete
findings of the facts and the law on which they are based, on all issues Section 8. This Act shall take effect fifteen (15) days following its
properly raised before it and necessary in deciding the case. publication in the Official Gazette or in two (2) national newspapers of
general circulation.
"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 or
judgment, and such motion for reconsideration shall be decided within
thirty (30) days from submission thereon.

"Decisions and final orders of the Sandiganbayan 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 or higher is imposed, the decision shall be appealable
to the Supreme Court in the manner prescribed in the Rules of Court. In
Republic Act 8249
case the penalty imposed is death, review by the Supreme Court shall be
February 5, 1997
automatic, whether or not the accused filed an appeal.

"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 Act shall be appealable to the Sandiganbayan within
fifteen (15) days from promulgation or notice to the parties."
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::

32
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.
Section 4. Section 4 of the same decree is hereby further amended to
read as follows:
"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;
33
 "(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
Section 5. Section 7 of the same decree is hereby further amended to
appellate jurisdiction as herein provided.
read as follows:
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."

"The Sandiganbayan shall have exclusive original jurisdiction over

'SECTION 7. Form, Finality and Enforcement of Decisions. - All
petitions for the issuance of the writs of mandamus, prohibition,
decisions and final orders determining the merits of a case or
certiorari, habeas corpus, injunctions, and other ancillary writs and
finally disposing of the action or proceedings of the Sandijanbayan
processes in aid of its appellate jurisdiction and over petitions of
shall contain complete findings of the facts and the law on which
similar nature, including quo warranto, arising or that may arise in
they are based, on all issues properly raised before it and
cases filed or which may be filed under Executive Order Nos.
necessary in deciding the case.
1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction
over these petitions shall not be exclusive of the Supreme Court.
"A petition for reconsideration of any final order or decision may be
filed within fifteen (15) days from promulgation or notice of the
The procedure prescribed in Batas Pambansa Blg. 129, as well as
final order on judgment, and such motion for reconsideration shall
the implementing rules that the Supreme Court has promulgated
be decided within thirty (30) days from submission thereon.
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 "Decisions and final orders of the Sandiganbyan shall be
the Sandiganbayan and from the Sandiganbayan to the Supreme appealable to the Supreme Court by petition for review on
Court, the Office of the Ombudsman, through its special certiorari raising pure questions of law in accordance with Rule 45
prosecutor, shall represent the People of the Philippines, except in of the Rules of Court. Whenever, in any case decided by the
34
 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 Act 10660
AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, FURTHER
AMENDING PRESIDENTIAL DECREE NO. 1606, AS AMENDED, AND
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Section 3 of Presidential Decree No. 1606, as amended, is
hereby further amended to read as follows:
"SEC. 3. Constitution of the Divisions; Quorum. The Sandiganbayan shall
sit in seven (7) divisions of three (3) members each.
"Two (2) members shall constitute a quorum for sessions in
divisions: Provided, That when the required quorum for the particular
division cannot be had due to the legal disqualification or temporary
incapacity of a member or a vacancy therein, the Presiding Justice may
designate a member of another division 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 a case or cases assigned
thereto."
Section 2. Section 4 of the same decree, as amended, is hereby further
amended to read as follows:
"SEC. 4. Jurisdiction. The Sandiganbayan shall exercise exclusive original
jurisdiction in all cases involving:
"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
35
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
and 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 higher 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 the 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 or felonies 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.
"Provided, That the Regional Trial Court shall have exclusive original
jurisdiction where the information: (a) does not allege any damage to the
government or any bribery; or (b) alleges damage to the government or
bribery arising from the same or closely related transactions or acts in an
amount not exceeding One million pesos (P1,000,000.00).
"Subject to the rules promulgated by the Supreme Court, the cases falling
under the jurisdiction of the Regional Trial Court under this section shall be
tried in a judicial region other than where the official holds office.
"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 and 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
jurisdictions as provided in Batas Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over
final judgments, resolutions or orders of regional trial courts whether in
the exercise of their own original jurisdiction or of 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
36
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 government-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 heretofore
been filed separately but judgment therein has not yet been rendered, and
the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the case may be, for
consolidation and joint determination with the criminal action, otherwise
the separate civil action shall be deemed abandoned."
Section 3. Section 5 of the same decree is hereby amended to read as
follows:
"SEC. 5. Proceedings, How Conducted; Decision by Majority Vote. All
three (3) members of a division shall deliberate on all matters submitted
for judgment, decision, final order, or resolution.
"The concurrence of a majority of the members of a division shall be
necessary to render a judgment, decision, or final order, or to resolve
interlocutory or incidental motions."
Section 4. Funding and Appropriations. The amount necessary to carry
out the implementation of this Act shall be charged against the current
appropriations of the Sandiganbayan. Thereafter, such sums as may be
needed for its full implementation shall be included in the annual General
Appropriations Act.
Section 5. Transitory Provision. This Act shall apply to all cases pending
in the Sandiganbayan over which trial has not begun: Provided, That: (a)
Section 2, amending Section 4 of Presidential Decree No. 1606, as
amended, on "Jurisdiction"; and (b) Section 3, amending Section 5 of
Presidential Decree No. 1606, as amended, on "Proceedings, How
Conducted; Decision by Majority Vote" shall apply to cases arising from
offenses committed after the effectivity of this Act.
Section 6. Separability Clause. Should any provision of this Act or part
hereof be declared unconstitutional, the other provisions or parts not
affected thereby shall remain valid and effective.
Section 7. Repealing Clause. All laws, decrees, orders, and issuances,
or portions thereof, which are inconsistent with the provisions of this Act,
are hereby repealed, amended or modified accordingly.
Section 8. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general
circulation
Cases:
1. Inding v. Sandiganbayan, G.R. No. 143047, July 14,
2004
2. People v. Sandiganbayan, August 25, 2009, G.R. No.
167304
3. Serrana v. Sandiganbayan, January 22, 2008, G.R.
162059
4. Garcia v. Sandiganbayan, G.R. NO. 165835, June 22,
2005
B. Inordinate delay
Case:
1. People v. Sandiganbayan, Perez, et. al. G.R. No.
188165, December 11, 2013
2. Duterte v. Sandiganbayan, G.R. No. 130191, April 27,
1998
37

Part III. Jurisdiction of the Office of the Ombudsman
A. Law and Regulation:
Republic Act 6770
AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL
ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN AND FOR
OTHER PURPOSES.
Section 1. Title. - This Act shall 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 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 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.itc@alf
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, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust.
38
 (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 shall have been appointed for a full term.
In 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. Prohibition 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 the
Ombudsman. it 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:Lawphil@alf
(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
39
 be approved and prescribed by the Ombudsman shall appoint all
officers and employees 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. It has primary jurisdiction over
cases cognizable by the Sandiganbayan and, in the exercise of his
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 neglects 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 21of 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
procedures, 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;
40
 (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 unexpired 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, 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 offenses, no 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 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 except 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 aforecited provisions shall
be subject to punishment for prompt 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 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; Proceed from a mistake
of law or an arbitrary ascertainment of facts; Are in the exercise of
discretionary powers but for an improper purpose; or 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 a 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 id trivial, frivolous, vexatious or made in bad
faith;
(4) The complaint has no sufficient personal interest in the subject
matter of the grievance; or
(5) The complaint was filed after one year from the occurrence of
the act or omission complained of.
41
Section 21. Officials 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 terminated 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 a 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. Preventive Suspension. - The Ombudsman or his Deputy may
preventively suspend any officer or employee under his authority pending
an investigation, if in his judgement 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 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 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;
42
 (e) unclear or inadequately explained when reasons should
have been revealed; or
(f) inefficiently performed or otherwise objectionable.
(2) The Office of the Ombudsman shall receive complaints from
any source in whatever form concerning an official act or omission.
It 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. If 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 hours from receipt thereof. If the answer is found
satisfactory, it shall dismiss the case.
Administrative Order 7
RULES OF PROCEDURE OF THE OFFICE OF THE OMBUDSMAN
Pursuant to the authority vested in the Office of the Ombudsman under
Sections 18, 23 and 27 of Republic Act No. 6770, otherwise known as "The
Ombudsman Act of 1989," the following Rules of Procedure of the Office of
the Ombudsman are hereby prescribed and promulgated:
RULE I
SECTION 1. TITLE. These rules shall be known as the RULES OF
PROCEDURE OF THE OFFICE OF THE OMBUDSMAN.
Sec. 2. COVERAGE. These rules shall apply to all criminal and
administrative complaints, grievances or requests for assistance and such
other matters cognizable by the Office of the Ombudsman.
Sec. 3. FORM OF COMPLAINTS, GRIEVANCE OR REQUESTS FOR
ASSISTANCE. Complaints may be in any form, either verbal or in
writing. For a speedier disposition of the complaint, however, it is
preferable that it be in writing and under oath. A complaint which does not
disclose the identity of the complainant will be acted upon only if it merits
appropriate consideration, or contains sufficient leads or particulars to
enable the taking of further action.
Grievances or requests for assistance may likewise be verbal or in writing.
In any case, the requesting or complaining party must indicate his address
and telephone number, if any.
RULE II
PROCEDURE IN CRIMINAL CASES
SECTION 1. GROUNDS. A criminal complaint may be brought for an
offense in violation of R.A. 3019, as amended, R.A. 1379, as amended,
R.A. 6713, Title VII Chapter II, Section 2 of the Revised Penal Code, and
for such other offenses committed by public officers and employees in
relation to office.
Sec. 2. EVALUATION. Upon evaluating the complaint, the investigating
officer shall recommend whether it may be:
a) dismissed outright for want of palpable merit;
b) referred to respondent for comment;
c) indorsed to the proper government office or agency
which has jurisdiction over the case;
d) forwarded to the appropriate office or official for fact-
finding investigation;
e) referred for administrative adjudication; or
f) subjected to a preliminary investigation.
Sec. 3. PRELIMINARY INVESTIGATION; WHO MAY
CONDUCT. Preliminary investigation may be conducted by any of the
following:
1) Ombudsman Investigators;
2) Special Prosecuting Officers;
43
 3) Deputized Prosecutors; submitted for resolution on the basis of the evidence on
record.
4) Investigating Officials authorized by law to conduct
preliminary investigations; or f) If, after the filing of the requisite affidavits and their
supporting evidences, there are facts material to the case
5) Lawyers in the government service, so designated by which the investigating officer may need to be clarified on,
the Ombudsman. he may conduct a clarificatory hearing during which the
parties shall be afforded the opportunity to be present but
without the right to examine or cross-examine the witness
Sec. 4. PROCEDURE. Preliminary investigation of cases falling under the
being questioned. Where the appearance of the parties or
jurisdiction of the Sandiganbayan and Regional Trial Courts shall be
witnesses is impracticable, the clarificatory questioning
conducted in the manner prescribed in Section 3, Rule 112 of the Rules of
may be conducted in writing, whereby the questions
Court, subject to the following provisions:
desired to be asked by the investigating officer or a party
shall be reduced into writing and served on the witness
a) If the complaint is not under oath or is based only on concerned who shall be required to answer the same in
official reports, the investigating officer shall require the writing and under oath.
complainant or supporting witnesses to execute affidavits
to substantiate the complaints.
g) Upon the termination of the preliminary investigation,
the investigating officer shall forward the records of the
b) After such affidavits have been secured, the case together with his resolution to the designated
investigating officer shall issue an order, attaching thereto authorities for their appropriate action thereon.
a copy of the affidavits and other supporting documents,
directing the respondent to submit, within ten (10) days
No information may be filed and no complaint may be dismissed without
from receipt thereof, his counter-affidavits and
the written authority or approval of the Ombudsman in cases falling within
controverting evidence with proof of service thereof on the
the jurisdiction of the Sandiganbayan, or of the proper Deputy
complainant. The complainant may file reply affidavits
Ombudsman in all other cases.
within ten (10) days after service of the counter-affidavits.

Sec. 5. CASES FALLING UNDER THE JURISDICTION OF MUNICIPAL TRIAL

c) If the respondent does not file a counter-affidavit, the
COURTS. Cases falling under the jurisdiction of the Office of the
investigating officer may consider the comment filed by
Ombudsman which are cognizable by municipal trial courts, including
him, if any, as his answer to the complaint. In any event,
those subject to the Rule of Summary Procedure may only be filed in court
the respondent shall have access to the evidence on
by information approved by the Ombudsman or the proper Deputy
record.
Ombudsman.

d) No motion to dismiss shall be allowed except for lack of

Sec. 6. NOTICE TO PARTIES. The parties shall be served with a copy of
jurisdiction. Neither may be motion for a bill of particulars
the resolution as finally approved by the Ombudsman or by the proper
be entertained. If respondent desires any matter in the
Deputy Ombudsman.
complainants affidavit to be clarified, the particularization
thereof may be done at the time of clarificatory
questioning in the manner provided in paragraph (f) of this Sec. 7. MOTION FOR RECONSIDERATION. a) Only one (1) motion for
section. reconsideration or reinvestigation of an approved order or resolution shall
be allowed, the same to be filed within fifteen (15) days from notice
thereof with the Office of the Ombudsman, or the Deputy Ombudsman as
e) If the respondent cannot be served with the order
the case may be.
mentioned in paragraph 6 hereof, or having been served,
does not comply therewith, the complaint shall be deemed

44
b) No motion for reconsideration or reinvestigation shall be entertained
after the information shall have been filed in court, except upon order of
the court wherein the case was filed.
RULE III
PROCEDURE IN ADMINISTRATIVE CASES
SECTION 1. GROUNDS FOR ADMINISTRATIVE COMPLAINT. An
administrative complaint may be filed for acts or omissions, including but
not limited to the following:
a) contrary to law or regulations;
b) unreasonable, unfair, oppressive or discriminating;
c) inconsistent with the general course of the agencys
functions though in accordance with law;
d) on a mistake of law or an arbitrary ascertainment of
facts;
e) in the exercise of discretionary powers but for an
improper purpose;
f) otherwise irregular, immoral or devoid of justification;
g) due to any delay or refusal to comply with the referral
or directive of the Ombudsman or any of his deputies
against the office or employee to whom it was addressed;
and
h) such other grounds provided for under PD 807, RA 6713
and other applicable laws.
Sec. 2. PUBLIC OFFICERS COVERED; EXCEPTIONS. All elective and
appointive officials of the government and its subdivisions,
instrumentalities and agencies, including Members of the Cabinet, local
governments, government-owned or controlled corporations and their
subsidiaries are subject to the disciplinary authority of the Office of the
Ombudsman.
Excepted from the foregoing are Members of Congress, the Judiciary, and
officials removable only by impeachment; provided, however, that the
Office of the Ombudsman may investigate any serious misconduct in office
allegedly committed by officials removable only by impeachment, for the
purpose of filing a verified complaint for impeachment, if warranted.
Sec. 3. HOW INITIATED. An administrative case may be initiated by a
written complaint under oath accompanied by affidavits of witnesses and
other evidences in support of the charge. An administrative proceeding
may also be ordered by the Ombudsman or the respective Deputy
Ombudsman on his initiative or on the basis of a complaint originally files
as a criminal action or a grievance complaint or request for assistance.
Sec. 4. EVALUATION. Upon receipt of the complaint, the same shall be
evaluated to determine whether the same may be:
a) dismissed outright for any of the grounds stated under
section 20 of R.A. 6770;
b) referred to other disciplinary authorities under
paragraph 2, Section 23, RA 6770 for the taking of
appropriate administrative proceedings;
c) the subject of administrative adjudication by the Office
of the Ombudsman.
Sec. 5. ADMINISTRATIVE ADJUDICATION; HOW CONDUCTED.
a) If the complaint is not dismissed for any of the causes
enumerated in Section 20 of Republic Act No. 6770, the
respondent shall be furnished with copy of the affidavits
and other evidences submitted by the complainant, and
shall be ordered to file his counter-affidavits and other
evidences in support of his defense, within ten (10) days
from receipt thereof, together with proof of service of the
same on the complainant who may file reply affidavits
within ten (10) days from receipt of the counter-affidavits
of the respondent.
b) If, on the basis of the affidavits and other evidences
submitted by the parties, the investigating officer finds no
sufficient cause to warrant further proceedings, the
complaint may be dismissed. Otherwise, he shall summon
the parties to a preliminary conference to consider the
following matters:
45
 1) Whether the parties desire a formal
investigation or are willing to submit the
case for resolution on the basis of the
evidence on record and such other
evidences they will present at such
conference; or
2) Should the parties desire a formal
investigation to determine the nature of
the charge, stipulation of facts, a definition
of the issues, identification and marking of
exhibits, limitation of witnesses, and such
other matters as would expedite the
proceedings.
c) After the preliminary conference, the investigating
officer shall issue an order reciting the matters taken up
during the conference including the facts stipulated, the
evidences marked and the issues involved. The contents of
this order may not be deviated from unless amended to
prevent manifest injustice.
d) Should a hearing be conducted, the parties shall be
notified at least five (5) days before the date thereof.
Failure of any or both of the parties to appear at the
hearing is not necessarily a cause for the dismissal of the
complaint. A party who appears may be allowed to present
his evidence in the absence of the adverse party who was
duly notified of the hearing.
e) Only witnesses who have submitted affidavits served on
the adverse party at least five (5) days before the date of
his being presented as a witness may be allowed to testify
at the hearing. The affidavit of any witness shall constitute
his direct testimony, subject to cross-examination, re-
direct examination and re-cross-examination.
f) The parties shall be allowed that assistance of counsel
and the right to the production of evidence through the
compulsory process of subpoena and subpoena duces
tecum.
Sec. 6. RENDITION OF DECISION. Not later than thirty (30) days after
the termination of the hearing, the investigating officer shall submit a
resolution containing his findings and recommendation for the approval of
the Ombudsman. Once approved, the said resolution shall constitute the
decision in the case. Copy thereof shall be served upon the parties and the
head of the office or agency of which the respondent as in official or
employee for his information and compliance with any directive contained
therein.
Sec. 7. FINALITY OF DECISION. Where the respondent is absolved of
the charge and in case of conviction where the penalty imposed is public
censure or reprimand, suspension of not more than one (1) month, or a
fine equivalent to one (1) month salary, the decision shall be final and
unappealable. In all other cases, the decision shall become final after the
expiration of ten (10) days from receipt thereof by the respondent, unless
a motion for reconsideration or petition for certiorari shall have been filed
by him as prescribed in Section 27 of RA 6770.
Sec. 8. MOTION FOR RECONSIDERATION OR
REINVESTIGATION. Whenever allowable, a motion for reconsideration
or reinvestigation may only be entertained if filed within ten (10) days
from receipt of the decision by the respondent on any of the following
grounds:
a) New evidence had been discovered which materially
affects the order, directive or decision.
b) Errors of facts or law, or irregularities have been
committed prejudicial to the interest of the movant.
Only one motion for reconsideration or reinvestigation shall be allowed,
and the hearing officer shall resolved the same within five (5) days from
receipt thereof.
Sec. 9. PREVENTIVE SUSPENSION. Pending investigation, the
respondent may be preventively suspended without pay for a period of not
more than six (6) months if, in the judgment of the Ombudsman or hi
proper deputy, the evidence of guilt is strong, and (a) the charge against
such officer or employee involves dishonesty, oppression or gross
misconduct, or neglect in the performance of duty; or (b) the charge
would warrant removal from the service; or (c) the respondents continued
stay in office may prejudice the case filed against him.
If the administrative investigation is not terminated within the period of
the respondent is suspended, the respondent shall be automatically
reinstated unless the delay in the disposition of the case is due to the
fault, negligence, or any cause attributable to the respondent, in which
case the period of such delay shall not be counted in computing the period
of suspension.
46
Sec. 10. PENALTIES. (a) In administrative proceedings conducted
under PD 807 by agencies or offices other than the Office of the
Ombudsman, the penalties under said law shall be imposed.; (b) In
administrative proceedings conducted under these rules, the Office of the
Ombudsman may impose a 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 charge.
This is without prejudice to the authority of the Ombudsman to exercise
his authority under Section 15, paragraph (3) of RA 6770.
RULE IV
PROCEDURE IN GRIEVANCES/REQUEST FOR ASSISTANCE
SECTION 1. GRIEVANCE OR REQUEST FOR ASSISTANCE; NATURE OF.
A grievance or request for assistance may consist of a complaint or
request seeking redress or relief concerning an act or omission of public
official or employee, office or agency alleged to be unreasonable, unfair,
oppressive, discriminatory, improper or inefficient, and which does not
necessarily amount to a criminal or administrative offense.
Sec. 2. BY WHOM HANDLED. Grievance or request for assistance shall
be acted upon by the Public Assistance Office of the Central Office of the
Ombudsman, or in the Office of the respective Deputy Ombudsman.
Sec. 3. ACTION THEREON. A grievance or request for assistance shall
be acted upon immediately upon receipt.
a) Where the grievance or request for assistance appears
to be manifestly frivolous, vexatious, or made in bad faith,
or where it involves a matter purely between private
parties, the same may be dismissed outright and the
complainant/requesting party informed of the reasons for
such dismissal;
b) Where the redress, relief or assistance sought may be
acted upon by another office, the same may be referred to
the office concerned, with the Public Assistance Office
following it up in behalf of the complainant.
c) In all other cases which the Office of the Ombudsman
may take cognizance of, the procedure in the following
sections shall be observed.
Sec. 4. PROCEDURE. a) If the grievance or request is relatively simple
and/or requires immediate action, the same may be acted upon by
telegram, telephone, or other means of communication or given personal
attention by going to the office or agency concerned.
a) Whenever deemed necessary or advisable, a copy of the
grievance or request for assistance, together with
pertinent documents shall be sent to the public official,
employee or agency concerned, copy furnished its head
and the Resident Ombudsman, if any, for the taking of
immediate remedial action; or, if the relief requested may
not be complied with, to submit a written explanation
therefor.
b) Whenever deemed necessary or advisable, a copy of the
grievance or request for assistance, together with
pertinent documents shall be sent to the public official,
employee or agency concerned, copy furnished its head
and the Resident Ombudsman, if any, for the taking of
immediate remedial action; or, if the relief requested may
not be complied with, to submit a written explanation
therefor.
c) If such explanation is found satisfactory, and/or
appropriate action had already been taken on the
grievance or request, the same shall be dismissed and the
parties informed accordingly.
d) The Public Assistance Office may arrange a conference
between the complainant/requesting party, and the public
official concerned with a view to a satisfactory and
expeditious resolution of the grievance/request.
e) Upon consideration of the facts or information gathered,
a resolution on the grievance or request shall be made
within two (2) days of which the parties shall be notified,
and appropriate steps taken to insure compliance
therewith.
Sec. 5. EFFECT OF NON-COMPLIANCE. Any delay or refusal to comply
with the referral or directive of the Ombudsman or any of the deputies
shall constitute a ground for administrative disciplinary action against the
47
officer or employee to whom it was addressed pursuant to Section 26,
paragraph (4) of RA 6770.
RULE V
SECTION 1. IMMUNITY FROM PROSECUTION. a) Any person whose
testimony or production of documents or other evidence is necessary to
determine the truth in any inquiry, hearing, or proceeding being conducted
by the Office of the Ombudsman or under its authority in the performance
or furtherance of its constitutional functions and statutory objectives,
including preliminary investigation, may be granted immunity from
criminal prosecution by the Ombudsman, upon such terms and conditions
as the Ombudsman may determine, taking into account the pertinent
provisions of the Rules of Court.
thereon: Provided, however, that prior to such final action, no publicity
shall be make of matters which may adversely affect national security or
public interest, prejudice the safety of the witnesses or the disposition of
the case, or unduly expose persons complained against to ridicule or public
censure.
Sec. 3. RULES OF COURT APPLICATION. In all matters not provided in
these rules, the Rules of Court shall apply in a suppletory character, or by
analogy whenever practicable and convenient.
Sec. 4. EFFECTIVITY. These rules shall take effect 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.

Such immunity may be granted upon application of the concerned party, They shall govern all cases brought after they take effect and to further
the investigating, hearing, or prosecuting officer, or at the instance of the proceedings in cases then pending, except to the extent that their
Ombudsman. Provided, however, that in all cases, the concerned party application would not be feasible or would cause injustice to any party.
shall execute an affidavit reciting the substance of his proposed testimony
and/or the nature of the evidence in his possession. Sec. 5. SEPARABILITY CLAUSE. If any provision of these rules is held
unconstitutional, other provisions not effected thereby shall remain valid
b) In all hearings, inquiries, and proceedings of the Office of the and binding.
Ombudsman, including preliminary investigation of the offenses, no person
subpoenaed to testify as a witness shall be excused from attending and Makati, Metro Manila, April 10, 1990.
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
1. Department of Justice v. Liwag, February 11, 2005,
subject to prosecution: Provided, that no person shall be prosecuted
G.R. No. 149311
criminally for or on account of any matter, concerning which he is
compelled to testify and produce evidence, after having claimed the 2. Ombudsman v. Galicia, G.R. No. 167711, October 10,
privilege against self-incrimination. 2008
3. Angeles v. Merceditas Gutierrez, G.R. Nos. 189161 &
189173, March 21, 2012
c) the grant of immunity from criminal prosecution under the preceding
4. Gonzales v. Office of the President, G.R. No. 196231,
paragraphs may be revoked upon proper notice in the event that the
January 28, 2014
person granted immunity subsequently retracts his statement, or fails or
5. Ombudsman v. Rodriguez, G.R. 172700, July 23,
refuses to testify or produce evidence in court in accordance with the
2010
sworn statement upon which his immunity was granted.
6.

Neither shall such grant of immunity exempt the party concerned from B. Review of Decisions of the Ombudsman
criminal prosecution for perjury or false testimony, nor shall he be exempt
from demotion or removal from office. 1. Morales v. Court of Appeals and Binay, G.R. Nos.
217126-27, November 10, 2015
Sec. 2. PUBLIC DISCLOSURE; EXEMPTION. When circumstances so 2. Antonino v. Desierto, December 18, 2008, G.R. No.
warrant and with due prudence, the Office of the Ombudsman may 144492
publicize in a fair and balanced manner the filing of a complaint, grievance 3. Enemecio v. Office of the Ombudsman, G.R. No.
or request for assistance, and the final resolution, decision or action taken 146731, January 13, 2004
48
 4. Baviera v. Zoleta, G.R. NO. 169098, October 12, 2006
5. Duyon, et al. V. Court of Appeals, G.R. 172219,
November 26, 2014
Part IV. Power of the Department of Justice
1. Dino et al. v. Olivarez, G.R. No. 170447, December 04,
2009
2. Viudez v. Court of Appeals, G.R. No. 152889, June 05,
2009
3. Aguinaldo, et al. v. Ventus, G.R. 176033, March 11, 2015
Part V. Role of the Office of the Solicitor General in Criminal
Cases
Presidential Decree No. 478
PRESIDENTIAL DECREE No. 478 June 4, 1974
DEFINING THE POWERS AND FUNCTIONS OF THE OFFICE OF THE
SOLICITOR GENERAL
WHEREAS, the Office of the Solicitor General, as law office of the
Government of the Republic of the Philippines, performs a vital role in the
program of the administration, particularly in the handling of constitutional
and other important litigations before the Supreme Court and other courts
or tribunals;
WHEREAS, statutory provisions defining the powers, functions, and duties
of the Office of the Solicitor General are scattered in a proliferation of
amendatory laws, charters of government agencies, other statutes, Rules
of Court and executive orders enacted over the years;
WHEREAS, there is a need to clarify and codify the existing provisions
defining the powers, functions, duties, and other aspects of the Office of
the Solicitor General;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me by the Constitution, do
hereby order and decree the following into law:
OFFICE OF THE SOLICITOR GENERAL
Section 1. Functions and Organizations. (1) The Office of the Solicitor
General shall represent the Government of the Philippines, its agencies
and instrumentalities and its officials and agents in any litigation,
proceeding, investigation or matter requiring the services of a lawyer.
When authorized by the President or head of the office concerned, it shall
also represent government-owned or controlled corporations. The Office of
the Solicitor General shall constitute the law office of the Government and,
as such discharge duties requiring the services of a lawyer. It shall have
the following specific powers and functions:
a. Represent the Government in the Supreme Court and
the Court of Appeals in all criminal proceedings; represent
the Government and its officers in the Supreme Court, the
Court of Appeals, and all other courts or tribunals in all
civil actions and special proceedings in which the
Government or any officer thereof in his official capacity is
a party.
b. Investigate, initiate court action, or in any manner
proceed against any person, corporation or firm for the
enforcement of any contract, bond, guarantee, mortgage,
pledge or other collateral executed in favor of the
Government. Where proceedings are to be conducted
outside of the Philippines the Solicitor General may employ
counsel to assist in the discharge of the aforementioned
responsibilities.
c. Appear in any court in any action involving the validity
of any treaty, law, executive order or proclamation, rule or
regulation when in his judgment his intervention is
necessary or when requested by the Court.
d. Appear in all proceedings involving the acquisition or
loss of Philippine citizenship.
e. Represent the Government in all land registration and
related proceedings. Institute actions for the reversion to
the Government of lands of public domain and
improvements thereon as well as lands held in violation of
the Constitution.
f. Prepare, upon request of the President or other proper
officer of the National Government, rules and guidelines for
government entities governing the preparation of
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contracts, making of investments, undertaking of
transactions, and drafting of forms or other writings
needed for officials use, with the end in view of facilitating
their enforcement and insuring that they are entered into
or prepared conformably with law and for the best
interests of the public.
g. Deputize, whenever in the opinion of the Solicitor
General the public interest requires, any provincial or city
fiscal to assist him in the performance of any function or
discharge of any duty incumbent upon him, within the
jurisdiction of the aforesaid provincial or city fiscal. When
so deputized, the fiscal shall be under the control and
supervision of the Solicitor General with regard to the
conduct of the proceedings assigned to the fiscal, and he
may be required to render reports or furnish information
regarding the assignment.
h. Deputize legal officers of government departments,
bureaus, agencies and offices to assist the Solicitor
General and appear or represent the Government in cases
involving their respective offices, brought before the courts
and exercise supervision and control over such legal
officers with respect to such cases.
i. Call on any department, bureau, office, agency or
instrumentality of the Government for such service,
assistance and cooperation as may be necessary in
fulfilling its functions and responsibilities and for this
purpose enlist the services of any government official or
employee in the pursuit of his tasks.
Departments, bureaus, agencies, offices, instrumentalities
and corporations to whom the Office of the Solicitor
General renders legal services are authorized to disburse
funds from their sundry operating and other funds for the
latter Office. For this purpose, the Solicitor General and his
staff are specifically authorized to receive allowances as
may be provided by the Government offices,
instrumentalities and corporations concerned, in addition
to their regular compensation.
j. Represent, upon the instructions of the President, the
Republic of the Philippines in international litigations,
negotiations or conferences where the legal position of the
Republic must be defended or presented.
k. Act and represent the Republic and/or the people before
any court, tribunal, body or commission in any matter,
action or proceeding which, in his opinion, affects the
welfare of the people as the ends of justice may require;
and
l. Perform such other functions as may provided by law.
(2) The Office shall be headed by a Solicitor General who shall
assisted by a Legal Staff composed of such number of Assistant
Solicitors General, Solicitors, and Trial Attorneys as may be
provided by law. It shall have such other staffs and operating units
as are now or may be provided by law. The Investigation and
Recovery Office provided hereafter shall be under the Office of the
Solicitor General.
Section 2. Qualifications and Appointments. (1) The Solicitor General shall
have the same rank, qualifications for appointment, and salary as an
Associate Justice of the Court of Appeals. The Assistant Solicitors General
shall have the same Court of First Instance. No person shall be appointed
Solicitor unless he a citizen of the Philippines, a member of the Philippine
Bar, of recognized competence and with experience in the practice of law
for at least four (4) years.
(2) The Solicitor General and the Assistant Solicitors General, who
must be officers learned in the law, and the Solicitors shall be
appointed by the President.
Section 3. Attorneys and Experts to Assist the Solicitor General. The
Solicitor General may, when necessary and after consultation with the
Government entity concerned, employ, retain, and compensate on a
contractual basis, in the name of the Government, such attorneys and
experts or technical personnel as he may deem necessary to assist him in
the discharge of his duties. The compensation and expenses of such
persons may be charged to the agency or office in whose behalf the
services have to be rendered.
Section 4. Investigation and Recovery Office. (1) The Investigation and
Recovery Office shall be under the supervision and control of the Solicitor
General and shall be responsible for the collection and recovery of funds
and properties owing to the Government. It shall be headed by an
Executive Director who may be assisted by an Assistant Executive
Director. It shall have such number of state counsel-lawyers, accountants
and other personnel as may hereafter be provided by law.
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 (2) The investigation and Recovery Office shall perform the
following powers and functions:

a. Administer, direct and supervise the collection and

recovery of government assets, stocks, funds and moneys
and other real personal properties owing to the
Government.

b. Investigate and recover according to law, assets, money

claims and properties owing to government-owned or
controlled corporations as directed by the Solicitor General.

c. Investigate and, if necessary, file charges against erring

government personnel responsible or implicated in any
way in the loss of properties or any other assets of the
Government; and

d. Perform such other functions as may be assigned to it

by the Solicitor General or as are now or may hereafter be
provided by law or executive order.

Section 5. This decree shall take effect immediately.

Done in the City of Manila, this 4th day on June, in the year of Our Lord,
nineteen hundred seventy-four.

1. People v. Duca, October 9, 2009, G.R. No. 171175

2. Republic v. Iyoy, G.R. NO. 152577, September 21, 2005
3. Topacio v. Sandiganbayan, G.R. 179895, December 18,
2008

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