PART TWO PROCEDURE IN SANDIGANBAYAN I. STAGES IN CRIMINAL CASES 1.

Filing of the Information after preliminary investigation conducted by the Office of the Ombudsman. 2. Judicial determination of probable cause to be determined by the Justices concerned. 2.1 If the Court finds the existence of probable cause, the Court shall cause the issuance of arrant of !rrest and "old#departure Order against the accused, the first through the Chairman only, the second by $ivision % that is three &'( Justices signing the order) 2.2 In some cases, the Court directs the Office of the Cler* of Court to schedule a hearing on the Information notifying only the prosecution &anent said hearing the Court may call the attention of the prosecution and to direct it to file a necessary pleading +hy the case should not be dismissed for lac* of ,urisdiction, +hy the information should not be -uashed, +hy the accused should not be granted bail if the Office of the Ombudsman recommends no bail but the offense as seen by the Court is bailable() 2.' .ossible /otion to !mend Information filed by the prosecution. '. !rrest01oluntary 2urrender of the accused 3. .osting of 4ail 3.1 .ossible motion for reinvestigation filed by accused. &alleging that accused +as deprived of his0her right to file a motion for reconsideration before the Office of the Ombudsman on the latter5s resolution0decision as mandated by 2ection 26 of the Ombudsman !ct of 1787(. 3.2 .ossible /otion to ithdra+ Information09o :uash Information0/otion to $ismiss even if /otion for ;e#Investigation is denied and0or granted. <. !rraignment and plea <.1 .ossible filing of a /otion to 2uspend accused Pendente Lite by the prosecution. <.2 .ossible /otion to 9ravel !broad filed by the accused. <.2.1 9he court +ill re-uire certain conditions in the event said motion is granted such as posting of additional travel cash bond, conformity of the bondsmen if any, etc. <.2.2 In some cases +here accused files a /otion to 9ravel !broad before his0her arraignment, the Court, during the hearing on the said /otion shall conduct0re-uire a conditional arraignment of the accused if the case is

pending re#investigation so that in the event the accused fails0refuses to return in the country, the court may opt to conduct a trial in absentia. <.2.' .ossible /otion for Consolidation, if applicable. =. .re#trial =.1 2ubmission of Joint stipulation of facts. =.2 Issuance of .re#9rial In-uest &2ec. = ;ule 1I( =.' .re#9rial Order reciting the actions and0or proceedings ta*en and the alteration of presentation of evidence if +arranted. 6. 9rial 6.1 .rosecution presents evidence and rests case. 6.2 .ossible filing of $emurrer to >vidence0/otion to $ismiss. 6.' .resentation of defense evidence if $emurrer to >vidence0/otion to $ismiss is denied. 8. Judgment &$ecision( 7. ?e+ 9rial or ;econsideration 1@. !ppeal % .etition for ;evie+ for Certiorari under ;ule 3< 2. CIVIL CASES A. Cases Covered 1. 9hose filed under >xec. Order ?os. 1, 2, 13 and 13#! promulgated by .resident CoraAon !-uino referring to the recovery of ill#gotten +ealth of former .resident Ferdinand /arcos0members of his family0close relatives0subordinated0cronies0agents0 dummies % by the .CBB. 2. "earing on the validity of .CBB) B. Stages ! C v " Cases 1. .re#trial after last pleading is filed 2. 9rial 2.1 .laintiff presents evidence and rests case 2.2 $efendant presents evidence and rests case rit of 2e-uestration or freeAe or "old Order issued by the

'. /emoranda if re-uested by the parties 3. Judgment <. /otion for ;econsideration0?e+ 9rial by any party =. !ppeal #. PROCEDURE ON APPEALED CASES &!nti#Braft cases decided by the ;9C involving minor officials( '@6 A. Mode o$ A%%ea" .etition For ;evie+ &not ?otice Of !ppeal( pursuant to 2ec. 3 &b( .res. $ecree ?o. 1=@= and 2ec. '7 4atas 4lg. 127. B. Stages ! A%%ea"s

1. 9ransmittal of the entire record, exhibits, stenographic notes, etc. by the court a quo to the $oc*et and ;ecords 2ection) 2. Case shall be entered into the Sandiganbayan $oc*et and raffled off to the proper $ivision. '. 9he Court after ascertaining the completeness of all the evidence, oral and documentary, attached to the record, shall re-uire the appellant to file +ith the court, +ithin forty#five &3<( days from receipt of said notice seven &6( copies of his0her legibly type+ritten, mimeographed or printed brief, +ith proof of service of t+o &2( copies thereof upon the appellee. '@8 3. ithin forty#five &3<( days from receipt of the appellant5s brief, the appellee shall file +ith the court seven &6( copies of his0her brief +ith the court +hich shall be accompanied by proof of service of t+o &2( copies thereof upon the appellant. '@7 3.1 >xtension of 9ime for filing briefs +ill not be allo+ed except for good and sufficient cause and only if the motion for extension is filed before the expiration of the time sought to be extended. '1@ 3.2 ithin t+enty &2@( days from receipt of the appellee5s brief, the appellant may file a reply brief ans+ering points in the appellees brief not covered in his0her main brief. '11 3.' .ossible filing of a /otion for ?e+ 9rial. <. Judgment
307 308

Rep. Act No. 8249, Sec. 4 Rules of Court, Rule 44, Sec. 7. 309 Ibid, Sec. 8. 310 Ibid., Sec. 5. 311 Rules of Court, Rule 44, Sec. 9.

<.1 .ossible /otion for ;econsideration =. !ppeal to the 2upreme Court, through .etition for ;evie+ on certiorari under ;ule 3<.