Republic of the Philippines

Congress of the Philippines

Metro Manila
Tenth Congress
Begun and held in Metro Manila, on Monday, the twenty-third day of
July, two thousand seven.
Republic Act No. 8249 February 5 !99"
AN ACT F#RT$%R &%F'N'N( T$% )#R'*&'CT'+N +F T$%
*AN&'(AN,A-AN A.%N&'N( F+R T$% P#RP+*%
PR%*'&%NT'A/ &%CR%% N+. !010 A* A.%N&%& PR+2'&'N(
F#N&* T$%R%F+R AN& F+R +T$%R P#RP+*%*
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::
*ection !. The first paragraph of Section 1 of Presidential ecree
!o. 1"#", as a$ended, is here%y further a$ended to read as
follows:
&S'(T)*! 1. Sandigan%ayan+ (o$position, ,ualifications+
Tenure+ -e$oval and (o$pensation. - . special court, of the
sa$e level as the (ourt of .ppeals and possessing all the
inherent powers of a court of/ustice, to %e 0nown as the
Sandigan%ayan is here%y created co$posed of a presiding
/ustice and fourteen associate /ustices who shall %e
appointed %y the President.&
*ection 2. Section 1 of the sa$e decree is here%y further a$ended
to read as follows:
&S'(T)*! 1. *fficial Station+ Place of 2olding Sessions. -
The Sandigan%ayan shall have its principal office in the
Metro Manila area and shall hold sessions thereat for the
trial and deter$ination of cases filed with it: Provided,
however, That cases originating fro$ the principal
geographical regions of the country, that is, fro$ 3u4on,
5isayas or Mindanao, shall %e heard in their respective
regions of origin e6cept only when the greater convenience
of the accused and of the witnesses, or other co$pelling
considerations re7uire the contrary, in which instance a case
originating fro$ one geographical region $ay %e heard in
another geographical region: Provided, further, That for this
purpose the presiding /ustice shall authori4e any divisions of
the court to hold sessions at any ti$e and place outside
Metro Manila and, where the interest of /ustice so re7uires,
outside the territorial %oundaries of the Philippines. The
Sandigan%ayan $ay re7uire the services of the personnel
and the use of facilities of the courts or other govern$ent
offices where any of the divisions is holding sessions and the
personnel of such courts or offices shall %e su%/ect to the
orders of the Sandigan%ayan.&
*ection 3. The second paragraph of Section 8 of the sa$e decree is
here%y deleted.
*ection 4. Section 9 of the sa$e decree is here%y further a$ended
to read as follows:
&a. 5iolations of -epu%lic .ct !o. 8#1:, as a$ended,
otherwise 0nown as the .nti-graft and (orrupt Practices .ct,
-epu%lic .ct !o. 18;:, and (hapter )), Section 1, Title 5)),
Boo0 )) of the -evised Penal (ode, where one or $ore of
the accused are officials occupying the following positions in
the govern$ent whether in a per$anent, acting or interi$
capacity, at the ti$e of the co$$ission of the offense:
&<1= *fficials of the e6ecutive %ranch occupying the
positions of regional director and higher, otherwise
classified as >rade ?1;? and higher, of the
(o$pensation and Position (lassification .ct of
1:@: <-epu%lic .ct !o. ";A@=, specifically including:
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&<a= Provincial governors, vice-governors,
$e$%ers of the sangguniang panlalawigan
and provincial treasurers, assessors,
engineers and other provincial depart$ent
heads+
&<%= (ity $ayors, vice-$ayors, $e$%ers of
the sangguniang panlungsod, city
treasurers, assessors engineers and other
city depart$ent heads+
&<c= *fficials of the diplo$atic service
occupying the position of consul and higher+
&<d= Philippine ar$y and air force colonels,
naval captains, and all officers of higher
ran0+
&<e= *fficers of the Philippine !ational Police
while occupying the position of provincial
director and those holding the ran0 of senior
superintendent or higher+
&<f= (ity and provincial prosecutors and their
assistants, and officials and prosecutors in
the *ffice of the *$%uds$an and special
prosecutor+
&<g= Presidents, directors or trustees, or
$anagers of govern$ent-owned or
-controlled corporations, state universities or
educational institutions or foundations+
&<1= Me$%ers of (ongress and officials thereof
classified as >rade?1;?and up under the
(o$pensation and Position (lassification .ct of
1:@:+
&<8= Me$%ers of the /udiciary without pre/udice to the
provisions of the (onstitution+
&<9= (hair$en and $e$%ers of (onstitutional
(o$$issions, without pre/udice to the provisions of
the (onstitution+ and
&<A= .ll other national and local officials classified as
>rade?1;?and higher under the (o$pensation and
Position (lassification .ct of 1:@:.
&%. *ther offenses orfelonies whether si$ple or co$ple6ed
with other cri$es co$$itted %y the pu%lic officials and
e$ployees $entioned in su%section a of this section in
relation to their office.
&c. (ivil and cri$inal cases filed pursuant to and in
connection with '6ecutive *rder !os. 1, 1, 19 and 19-.,
issued in 1:@".
&)n cases where none of the accused are occupying
positions corresponding to salary grade ?1;? or higher, as
prescri%ed in the said -epu%lic .ct !o. ";A@, or $ilitary or
P!P officers $entioned a%ove, e6clusive original /urisdiction
thereof shall %e vested in the proper regional trial court,
$etropolitan trial court, $unicipal trial court and $unicipal
circuit trial court ? as the case $ay %e, pursuant to their
respective /urisdiction as provided in Batas Pa$%ansa Blg.
11:, as a$ended.
&The Sandigan%ayan shall e6ercise e6clusive appellate
/urisdiction over final /udg$ents, resolutions or orders or
regional trial courts whether in the e6ercise of their own
original /urisdiction orof their appellate /urisdiction as herein
provided.
&The Sandigan%ayan shall have e6clusive original /urisdiction
over petitions for the issuance of the writs of $anda$us,
prohi%ition, certiorari, ha%eas corpus, in/unctions, and other
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ancillary writs and processes in aid of its appellate
/urisdiction and over petitions of si$ilar nature, including 7uo
warranto, arising or that $ay arise in cases filed or which
$ay %e filed under '6ecutive *rder !os. 1,1,19 and 19-.,
issued in 1:@": Provided, That the /urisdiction over these
petitions shall not %e e6clusive of the Supre$e (ourt.
The procedure prescri%ed in Batas Pa$%ansa Blg. 11:, as
well as the i$ple$enting rules that the Supre$e (ourt has
pro$ulgated and $ay hereafter pro$ulgate, relative to
appealsBpetitions for review to the (ourt of .ppeals, shall
apply to appeals and petitions for review filed with the
Sandigan%ayan. )n all cases elevated to the Sandigan%ayan
and fro$ the Sandigan%ayan to the Supre$e (ourt, the
*ffice of the *$%uds$an, through its special prosecutor,
shall represent the People of the Philippines, e6cept in cases
filed pursuant to '6ecutive *rder !os. 1, 1, 19 and 19-.,
issued in 1:@".
&)n case private individuals are charged as co-principals,
acco$plices or accessories with the pu%lic officers or
e$ployees, including those e$ployed in gove$$ent-owned
or controlled corporations, they shall %e tried /ointly with said
pu%lic officers and e$ployees in the proper courts which
shall e6ercise e6clusive /urisdiction over the$.
&.ny provisions of law or -ules of (ourt to the contrary
notwithstanding, the cri$inal action and the corresponding
civil action for the recovery of civil lia%ility shall at all ti$es %e
si$ultaneously instituted with, and /ointly deter$ined in, the
sa$e proceeding %y the Sandigan%ayan or the appropriate
courts, the filing of the cri$inal action %eing dee$ed to
necessarily carry with it the filing of the civil action, and no
right to reserve the filing of such civil action separately fro$
the cri$inal action shall %e recogni4ed: Provided, however,
That where the civil action had therefore %een filed
separately %ut /udg$ent therein has not yet %een rendered,
and the cri$inal case is hereafter filed with the
Sandigan%ayan or the appropriate court, said civil action
shall %e transferred to the Sandigan%ayan or the appropriate
court, as the case $ay %e, for consolidation and /oint
deter$ination with the cri$inal action, otherwise the
separate civil action shall %e dee$ed a%andoned.&
*ection 5. Section ; of the sa$e decree is here%y further a$ended
to read as follows:
?S'(T)*! ;. Cor$, Cinality and 'nforce$ent of ecisions. -
.ll decisions and final orders deter$ining the $erits of a
case or finally disposing of the action or proceedings of the
Sandi/an%ayan shall contain co$plete findings of the facts
and the law on which they are %ased, on all issues properly
raised %efore it and necessary in deciding the case.
&. petition for reconsideration of any final order or decision
$ay %e filed within fifteen <1A= days fro$ pro$ulgation or
notice of the final order on /udg$ent, and such $otion for
reconsideration shall %e decided within thirty <8#= days fro$
su%$ission thereon.
&ecisions and final orders ofthe Sandigan%yan shall %e
appeala%le to the Supre$e (ourt %y petition for review on
certiorari raising pure 7uestions of law in accordance with
-ule 9A of the -ules of (ourt. Dhenever, in any case
decided %y the Sandigan%ayan, the penalty of reclusion
perpetua, life i$prison$ent or death is i$posed, the decision
shall %e appeala%le to the Supre$e (ourt in the $anner
prescri%ed in the -ules of (ourt.
&Judg$ents and orders of the Sandigan%ayan shall %e
e6ecuted and enforced in the $anner provided %y law.
&ecisions and final orders of other courts in cases
cogni4a%le %y said courts under this decree as well as those
rendered %y the$ in the e6ercise of their appellate
/urisdiction shall %e appeala%le to, or %e reviewa%le %y, the
Sandigan%ayan in the $anner provided %y -ule 111 of the
-ules of the (ourt.
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&)n case, however, the i$posed penalty %y the
Sandigan%ayan or the regional trial court in the proper
e6ercise of their respective /urisdictions, is death, review %y
the Supre$e (ourt shall %e auto$atic, whether or not
accused files an appeal.&
*ection 0. Appropriations. - The a$ount necessary to carry out the
initial i$ple$entation of this .ct shall %e charged against the current
fiscal year appropriations of the Sandigan%ayan. Thereafter, such
su$s as $ay %e needed for its continued i$ple$entation shall %e
included in the annual >eneral .ppropriations .ct.
*ection ". Transitory Provision. - This .ct shall apply to all cases
pending in any court over which trial has not %egun as of the
approval hereof
*ection 8. Separability of Provisions. - )f for any reason any
provision of this .ct is declared unconstitutional or invalid, such parts
or portions not affected there%y shall re$ain in full force and effect.
*ection 9. Repealing Clause. - .ll acts, decrees, general orders
and circulars, or parts thereof inconsistent with the provisions of this
.ct are here%y repealed or $odified accordingly.
*ection !1. Effectivity. - This .ct shall ta0e effect fifteen <1A= days
after its co$plete pu%lication in at least two <1= newspapers of
general circulation.
.pproved:
<Sgd.= %RN%*T+ .. .AC%&A
President of the Senate
<Sgd.= )+*% &% 2%N%C'A )R.
Spea0er of the 2ouse of
-epresentatives
This .ct which is a consolidation of 2ouse Bill !o. A818 and Senate
Bill !o. @99 was finally passed %y the 2ouse of -epresentatives and
the Senate on January 1@,1::; and January 1:, 1::;, respectively.
<Sgd.= /+R%N4+ %. /%-N%* )R.
Secretary of Senate
<Sgd.= R+,%RT+ P. NA4AR%N+
Secretary >eneral
2ouse of -epresenatives
.pproved: February 5 !99"
<Sgd.= F'&%/ 2. RA.+*
President of the Philippines
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