CONSTI FINAL OR HINDE NA LECTURE Flashcards
Sandiganbayan “Support of the nation”
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.
The Sandiganbayan is the anti-graft court in the Philippines. It is a special appellate court that has jurisdiction over criminal and civil cases involving graft and corrupt practices, as well as other offenses committed by public officers and employees, including those in government-owned or controlled corporations.
The Sandiganbayan plays a crucial role in ensuring accountability and integrity within the government by handling cases of corruption and misconduct. It helps uphold the rule of law and protect public resources from misuse.
Graft and corrupt practices refer to unethical and illegal activities by public officials or private individuals that involve the misuse of power for personal gain. The Anti-Graft and Corrupt Practices Act (R.A. 3019) in the Philippines outlines various forms of corrupt practices, including:
Persuading or influencing another public officer to commit an act that violates rules and regulations.
Requesting or receiving gifts, presents, or benefits in connection with any government contract or transaction.
Accepting employment in a private enterprise that has pending official business with the public officer.
Causing undue injury to any party, including the government, through manifest partiality, evident bad faith, or gross negligence.
These acts are considered unlawful and are punishable by law to ensure accountability and integrity in public service.
- The Sandiganbayan.
Article XIII, Section 5 of the 1973 Constitution commanded the
Batasang Pambansa to create a special court to be known as Sandiganbayan which shall have jurisdiction over criminal and civil cases involving graft and corrupt practices. The Batasang Pambansa, however, was anticipated by President Marcos in P.D. No. 1606 which created the Sandiganbayan. In upholding the validity of the various provisions of P.D. No. 1606, the Supreme Court observed in Nunez v. Sandiganbayan 26 that the provision on the Sandiganbayan was a constitutional recognition of the continuing need to combat graft and corruption already recognized in earlier anti-graft laws.
Section 4 of this article reaffirms the continuing existence of the
Sandiganbayan. Moreover, Congress has the authority to fix the jurisdictionof the Sandiganbayan.21 Generally, the jurisdiction of the Sandiganbayan is over public officers. However, “In case private individuals are charged as co-principals, accomplices or accessories with the publicofficers or employees, they shall be tried jointly with said public officers and employees (Section 4, P.D. No. 1606) . . . Private persons may be charged together with public officers to avoid repeated and unnecessary presentation of witnesses and exhibits against conspirators in different venues, especially if the issues involved are the same.
Sandiganbayan “shall have jurisdiction over civil and criminal cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in GOCC, in relation to their office as may be determined by law. Meaning of Graft and Corrupt practices
Graft: This refers to the acquisition of money, property, or other assets through dishonest or illegal means, especially by a public official. It’s often tied to bribery or the use of one’s position for personal gain. Essentially, graft is an act of corruption where an individual exploits their role to benefit personally.
Corrupt Practices: These are actions by individuals or organizations that violate ethical standards, laws, or regulations for their benefit. In the context of public office, this can include bribery, embezzlement, favoritism, and other forms of dishonesty that undermine public trust and efficiency.
Both terms are often used interchangeably and represent a significant barrier to good governance and public trust.
Sandiganbayan is charged with?
It is clear from this provision that this tribunal is charged with the direct responsibility of maintaining morality, intergrity and efficiency in the public service.
Composition of Sandiganbayan
The Sandiganbayan consists of a presiding justice and 14 associate justices and has the same rank as the Court of Appeals.
Sandiganbayan sits in how many divisions?
It sits in 5 divisions of three justices each, who shall be necessary to contitute a quorum and whose unanimous vote shall be required for the pronouncement of a judgment. Its decisions may be brought on certiorari to the Supreme Court.
How many votes required for the pronouncement of Sandiganbayan?
Unanimous vote shall be required for the pronouncement of a judgment. Its decisions may be brought on certiorari to the Supreme Court.
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. Provides that the Sandiganbayan shall exercise original jurisdiction in all cases involving violations of Anti-Graft and Corrupt Practices Act, where the accused are officials occupying positions, whether in a permanent, acting or interim capacity, to which the salary grade 27 is assigned, including among others:
- Regional Directors
- Governors
- Vice Governors
- Provincial Boar Members
- City Mayors
- Vice-Mayors
- City Counsilors
- Army
- Air force Colonels
- Naval Captains
- High ranking officers of PNP
- Prosecutors and their assistants
- Presidents, Directors, Trustees, or managers of government-owned or controlled corporations
- Members of Congress and officials with SG27 and up,
- Members of the judiciary,
- The chairmen and members of the Constitutional Commissions, without prejudice to the constitution.
It likewise may exercise original jurisdiction over other offenses or felonies, whether simple or complexed with other crimes, committed by public officials and employees mentioned above in relation to their office where the penalty prescribed by law is higher than prision correccional or imprisonment for six years or a fine of 6000 and in civil and criminal cases filed pursuant to and in connection with EO Nos. 1,2 14 and14-A issued in 1986
Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional, suspension, and destierro shall be from six months and one day to six years, except when the suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
Does the Sandiganbayan may exercise its exclusive original jurisdiction over municipal mayors, a member of the Sangguniang Panlungsod whose salary grade is below 27 and charged with violation of The Auditing Code of the Philippines, and a police superintendent of the PNP, assigned as the manager of a legal department of a GOCC charged with violations of the Anti-Graft and Corrupt Practices Act.
The SC has further ruled that Sandiganbayan may exercise its exclusive original jurisdiction
It has also held that said jurisdiction may be exercised over Presidents,Directors, trustees or managers of all GOCC whether or not they have original charters
Sandiganbayan may not exercise its jurisdiction though against ?
General Manager and CEO of a Television Station, in which the government owned only about 30 percent of the capital stock and which was therefore not owned or controlled by the government. Neither may it exercise jurisdiction over a private hauling contractor to whom certain distrained property was entrusted by the BIR who accourding to the SC could not be considered as having become a public officer simply by reason of his having been designated as custodian of said distrained property
“Distrained” refers to the legal process of seizing someone’s property in order to compel payment of a debt or satisfy an obligation, often related to unpaid taxes or rent. This term is commonly used in legal and financial contexts, where a creditor or landlord has the authority to take possession of a debtor’s goods or property as security until the debt is paid.
For example, if a property owner fails to pay property taxes, the government may distrain their assets to recover the owed amount.
Assistant Regional Director of the Cooperative Development Authority and a Punong Barangay because their positions are classified below salary grade 27
The Court stressed that Sandiganbayan has jurisdiction even the salary is not higher than 27. Why?
Because of by express provision of law placed under the jurisdiction of the Sandiganbayan.
Those that are classified as Salary grade 26 and below may still fall within the jurisdiction of the Sandiganbayan, provided that they hold the positions enumerated by the law. It is the position held, not the salary grade, which determines the jurisdiction of the Sandiganbayan, The specific inclusion constitutes an exception to the general qualification. Example? relating to 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 - Section 4 of RA 8429
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;
“(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and
“(5) All other national and local officials classified as Grade’27’and higher under the Compensation and Position Classification Act of 1989.
“b. Other offenses orfelonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office.
“c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
“In cases where none of the accused are occupying positions corresponding to salary grade ‘27’ or higher, as prescribed in the said Republic Act No. 6758, or military or PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court and municipal circuit trial court ‘ as the case may be, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129, as amended.
“The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction orof their appellate jurisdiction as herein provided.
“The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court.
Under section 13 RA 3019 or the Anti-Graft and Corrupt Practices Act, The Sandiganbayan shall place public officers facing criminal charges for violations of said law under suspension pendente lite for not more than how many days?
90 days. Although this suspension is mandatory, it requires a prior hearing to determine the validity of the information. That hearing is similar to a challenge against the validity of the information by way of a motion to quash. this suspension is a mere preventive measure that arises from the legal presumption that unless the accused is suspended, he may frustrate his prosecution or commit further acts of malfeasance or do both, in the same way that upon a finding that there is probable cause to believe that a crime has been committed and that the accused is probably guilty thereof,
Pendente lite is a Latin term that means “pending the litigation” or “while the litigation is ongoing.” It refers to orders or actions that are taken during the course of a legal proceeding before the final decision or judgment is made. These orders are meant to address immediate needs or concerns that arise while the case is still being decided.
For example, in family law cases, a court might issue pendente lite orders for temporary child custody or support, ensuring that the child’s needs are met until the final judgment is rendered. Similarly, in property disputes, the court might issue orders to preserve the status quo until the matter is fully resolved.
The Sandiganbayan likewise possesses appellate jurisdiction over final judgments, resolutions or orders of
RTC whether in the exercise of their own original jurisdiction or their appellate jurisdiction
Ex. The SC considered as erroneous and therefore dismissed an appeal taken to the CA from a decision of a RTC involving an accused charged with Malversation
PD No. 1606 further provides that the Sandiganbayan shall have exclusive original jurisdiction over petitions for the Issuance of
- Writ of mandamus
- prohibition
- certiorari
- habeas corpus
- injunctions
- and other arcillary wirts and processes in aid of it appellate jurisdiction and over petitions of similar nature, including quo warranto
Ex. According to the Court, sequestered shares are prima facie ill-gotten wealth. Validity of their sequestration may therefore be determined by the Sandiganbayan
Sequestered shares, once again, are shares of stock that have been seized or frozen by a legal authority. This action typically happens during legal proceedings involving allegations of ill-gotten wealth or corruption. The aim is to preserve these assets while their rightful ownership is determined through the judicial process.
For instance, in the Philippines, the Presidential Commission on Good Government (PCGG) often deals with sequestered shares. They might freeze shares allegedly acquired through unlawful means to prevent their dissipation while the courts decide on their legitimacy.
The Ombudsman and the Sandiganbayan are two distinct but interconnected institutions in the Philippines:
Ombudsman: The Ombudsman, also known as the Tanodbayan, is responsible for investigating and prosecuting government officials accused of crimes, especially graft and corruption. The Ombudsman independently monitors all three branches of the government for political corruption and can file charges at the Sandiganbayan after completing an investigation1.
Prosecuting refers to the process of bringing a legal action against someone who is accused of committing a crime. This involves several key steps, including:
Investigation: Gathering evidence to establish whether a crime has been committed and identifying the suspect. This can be done by law enforcement agencies or specialized bodies like the Ombudsman.
Filing Charges: If there is sufficient evidence, the prosecutor (often the state or a government attorney) will formally charge the suspect with the crime.
Arraignment: The accused is brought before the court to hear the charges and enter a plea (guilty, not guilty, or no contest).
Pre-Trial: Both the prosecution and the defense prepare their cases by gathering evidence, interviewing witnesses, and possibly negotiating plea deals.
Trial: During the trial, the prosecution and defense present their cases before a judge or jury. The prosecution must prove beyond a reasonable doubt that the defendant committed the crime.
Verdict: After the trial, a judge or jury delivers a verdict of guilty or not guilty.
Sentencing: If the defendant is found guilty, the court imposes a punishment, which could range from fines to imprisonment.
Appeals: The defendant has the right to appeal the conviction or sentence to a higher court if they believe there were legal errors in the trial.
Prosecutors play a crucial role in the criminal justice system, ensuring that justice is served by holding individuals accountable for their actions. 😊
Sandiganbayan: The Sandiganbayan is a special anti-graft court that handles cases involving public officials and employees accused of graft, corruption, and other related offenses. It is equal in rank to the Court of Appeals and consists of fourteen Associate Justices and one Presiding Justice2. The Ombudsman has the exclusive authority to bring cases to the Sandiganbayan.
Ombudsman Constitutional mandate?
The independence which the Office of the Ombudsman is vested with was intended to free it from political considerations in pursuing its constitutional mandate to be a protector of the people.
The cloak of independence is meant to build up the Office of the Ombudsman’s institutional strength to effectively function as official critic, mobilizer of government (The term “mobilizer of government” isn’t commonly used, but it can refer to an entity or individual responsible for organizing and motivating government resources and efforts to achieve specific goals. This could involve coordinating various government agencies, rallying public support, and ensuring efficient use of resources.) Constitutional watchdog and protector of the people.
A constitutional watchdog is an entity or body that ensures government actions and legislation comply with the constitution. These watchdogs play a crucial role in upholding the rule of law, protecting citizens’ rights, and ensuring accountability within the government. In the Philippines, for example, several institutions can be considered constitutional watchdogs, including:
Composition of Ombudsman
Section 5. There is hereby created the independent Office of the Ombudsman, composed of
- the Ombudsman to be known as Tanodbayan,
- one overall Deputy and
- at least one Deputy each for Luzon, Visayas, and Mindanao.
- (optional) A separate Deputy for the military establishment may likewise be appointed.
Qualifications and Appointment of Ombudsman
Section 8.
- The Ombudsman and his Deputies shall be natural-born citizens of the Philippines,
- and at the time of their appointment, at least forty years old, of recognized probity and independence,
- and members of the Philippine Bar,
- and must not have been candidates for any elective office in the immediately preceding election.
- The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X-A of this Constitution.
Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.
