b. Sandiganbayan (PD 1606, as amended by RA 10660)

Constitutional and Statutory Courts

Constitutional courts are created by the Constitution. The Supreme Court is the only constitutional court in the Philippines.

Statutory courts are created by mere statute.

Note: The Sandiganbayan is not a constitutional court, but only a constitutionally-mandated court. (Garcia v. Sadiganbayan, G.R. No. 114135, 1994).

Exclusive Original Jurisdiction in All Cases Involving:

• Violations of R.A. No. 3019 as amended (AntiGraft and Corrupt Practices Act).
• Violations of R.A. No. 1379 (An Act Declaring Forfeiture in favor of the state any property found to have been unlawfully acquired by Public Officer or Employee and providing for the procedure therefore, which prescribes the penalties for violation thereof).
• Crimes mentioned in Chapter 2 Section 2 Title VII Book 2 of the Revised Penal Code (i.e. Art.210: Bribery, Art.211: Indirect Bribery, Art. 212: corruption of Public Officials).
• Other offenses or felonies whether simple or complexed with other crimes committed by public officials and employees in relation to their office.

The Offense is “in relation to the office” when:

• The offense is intimately connected with the office of the offender and perpetrated while he was in the performance of his official functions
• The crime cannot exist without the office
• The office is a constituent element of the crime as defined in the statute

If the character of being “in relation to his office” is absent or is not alleged in the information, the crime committed falls within the exclusive original jurisdiction of ordinary courts and not the Sandiganbayan.

• Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986;
• Violations of R.A. No. 9160 as amended by R.A. No. 9194 (Anti-Money Laundering Act of 2001) when committed by public officers and private persons who are in conspiracy with such public officers.

Officials under the Exclusive Jurisdiction of the Sandiganbayan:

• Officials of the EXECUTIVE branch, occupying SALARY GRADE 27 or higher, specifically including:
• Provincial Governors, Vice Governors, Members of the Sangguniang Panlalawigan, and Provincial Treasurers, Assessors, Engineers and other Provincial Department Heads
• City Mayors, Vice Mayors, Members of the Sangguniang Panlungsod and City Treasurers, Assessors, Engineers and other Provincial Department Heads
• Officials of the diplomatic service occupying the position of consul and higher
• Philippine Army and Air Force Colonels, Naval Captains and all officers of higher rank
• Officers of the PNP, while occupying the position of provincial director and those holding the rank of senior superintended or higher
• City and Provincial Prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutors
• President/ Directors/ Trustees/ Managers of GOCCs, state universities, or educational institutions/foundations

Note: Those specifically mentioned herein (a-g) need not be with a salary grade of 27 or higher to be under the jurisdiction of the Sandiganbayan. (Inding v. Sandiganbayan, G.R. No. 143047, 2004)

• Members of the CONGRESS and officials thereof classified as Grade 27 and up;
• Members of the JUDICIARY without prejudice to Constitutional provisions;
• Chairmen and members of CONSTITUTIONAL COMMISSIONS without prejudice to Constitutional provisions;
• All other national and local officials classified as Grade ’27’ and higher under the Compensation and Position Classification Act of 1989;
• 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;

Note: For Sandiganbayan to have jurisdiction over officers as enumerated under RA 10660, they should have been officers at the time of the commission of the crime, from the wording of RA 10660, “where one or more of the accused are officials… at the time of the commission of the offense.” and not at the time of the commencement of the case. (RA 10660, Sec. 4(a))

Note: In case private individuals are charged as coprincipals, accomplices or accessories with 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. (Disini v. Sandiganbayan, G.R. Nos. 169823-24, 2013)

Exception/s:

• Election offenses – jurisdiction falls under the Regional Trial Court as provided for in the Omnibus Election Code even if they are committed by public officers classified as Grade 27 and higher and in relation to their offices
• Court Martial cases – offenses committed by members of the Armed Forces and other persons subject to military law are cognizable by court martial if such offenses are “service connected” as expressly enumerated in R.A. No. 7055. If the particular offense is not one of those enumerated in the law, the case falls under either the regular courts or the Sandiganbayan, as the case may be.
• That the Regional Trial Court shall have exclusive original jurisdiction where the information:
• does not allege any damage to the government or any bribery; or
• 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) (R.A. No. 10660).

Note: The civil case initiated first will be suspended when a criminal case is filed in the Sandiganbayan

Appeals in criminal cases decided by the Sandiganbayan in the exercise of its original jurisdiction

The appeal to the Supreme Court in criminal cases decided in the exercise of its original jurisdiction shall be by notice of appeal filed with the Sandiganbayan. (Rule XI, Sec. 1(a), 2018 Revised Internal Rules of the Sandiganbayan)

Sandiganbayan may issue Hold Departure Order

Sandiganbayan is a special court, of the same level as the Court of Appeals and possessing all the inherent powers of a court of justice.(R.A. 8249, 1997).