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 frst paragraph of Section 1 of residential !ecree "o. 1#$#, as a%ended, is here&y further
a%ended to read as follows:
'S()T*+" 1. Sandigan&ayan, )o%position, -ualifcations, 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 of0ustice,
to &e 1nown as the Sandigan&ayan is here&y created co%posed of a presiding 0ustice and fourteen
associate 0ustices who shall &e appointed &y the resident.'
*ection 2. Section 2 of the sa%e decree is here&y further a%ended to read as follows:
'S()T*+" 2. +3cial Station, lace of 4olding Sessions. - The Sandigan&ayan shall have its principal o3ce
in the Metro Manila area and shall hold sessions thereat for the trial and deter%ination of cases fled with
it: rovided, however, That cases originating fro% the principal geographical regions of the country, that is,
fro% 5u6on, 7isayas or Mindanao, shall &e heard in their respective regions of origin e8cept only when the
greater convenience of the accused and of the witnesses, or other co%pelling considerations re9uire the
contrary, in which instance a case originating fro% one geographical region %ay &e heard in another
geographical region: rovided, further, That for this purpose the presiding 0ustice shall authori6e any
divisions of the court to hold sessions at any ti%e and place outside Metro Manila and, where the interest
of 0ustice so re9uires, outside the territorial &oundaries of the hilippines. The Sandigan&ayan %ay re9uire
the services of the personnel and the use of facilities of the courts or other govern%ent o3ces where any
of the divisions is holding sessions and the personnel of such courts or o3ces shall &e su&0ect to the orders
of the Sandigan&ayan.'
*ection 3. The second paragraph of Section : of the sa%e decree is here&y deleted.
*ection 4. Section ; of the sa%e decree is here&y further a%ended to read as follows:
'a. 7iolations of .epu&lic /ct "o. :$1<, as a%ended, otherwise 1nown as the /nti-graft and )orrupt
ractices /ct, .epu&lic /ct "o. 1:=<, and )hapter **, Section 2, Title 7**, Boo1 ** of the .evised enal )ode,
where one or %ore of the accused are o3cials 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 o>ense:
'?1@ +3cials of the e8ecutive &ranch occupying the positions of regional director and higher,
otherwise classifed as Arade B2=B and higher, of the )o%pensation and osition )lassifcation /ct
of 1<C< ?.epu&lic /ct "o. #=DC@, specifcally including:
'?a@ rovincial 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@ +3cials of the diplo%atic service occupying the position of consul and higher,
'?d@ hilippine ar%y and air force colonels, naval captains, and all o3cers of higher ran1,
'?e@ +3cers of the hilippine "ational olice while occupying the position of provincial
director and those holding the ran1 of senior superintendent or higher,
'?f@ )ity and provincial prosecutors and their assistants, and o3cials and prosecutors in the
+3ce of the +%&uds%an and special prosecutor,
'?g@ residents, directors or trustees, or %anagers of govern%ent-owned or -controlled
corporations, state universities or educational institutions or foundations,
'?2@ Me%&ers of )ongress and o3cials thereof classifed as AradeB2=Band up under the
)o%pensation and osition )lassifcation /ct of 1<C<,
'?:@ Me%&ers of the 0udiciary without pre0udice to the provisions of the )onstitution,
'?;@ )hair%en and %e%&ers of )onstitutional )o%%issions, without pre0udice to the provisions of
the )onstitution, and
'?D@ /ll other national and local o3cials classifed as AradeB2=Band higher under the )o%pensation
and osition )lassifcation /ct of 1<C<.
'&. +ther o>enses orfelonies whether si%ple or co%ple8ed with other cri%es co%%itted &y the pu&lic
o3cials and e%ployees %entioned in su&section a of this section in relation to their o3ce.
'c. )ivil and cri%inal cases fled pursuant to and in connection with (8ecutive +rder "os. 1, 2, 1; and 1;-/,
issued in 1<C#.
'*n cases where none of the accused are occupying positions corresponding to salary grade B2=B or higher,
as prescri&ed in the said .epu&lic /ct "o. #=DC, or %ilitary or " o3cers %entioned a&ove, e8clusive
original 0urisdiction thereof shall &e vested in the proper regional trial court, %etropolitan trial court,
%unicipal trial court and %unicipal circuit trial court B as the case %ay &e, pursuant to their respective
0urisdiction as provided in Batas a%&ansa Blg. 12<, as a%ended.
'The Sandigan&ayan shall e8ercise e8clusive appellate 0urisdiction over fnal 0udg%ents, resolutions or
orders or regional trial courts whether in the e8ercise of their own original 0urisdiction orof their appellate
0urisdiction as herein provided.
'The Sandigan&ayan shall have e8clusive original 0urisdiction over petitions for the issuance of the writs of
%anda%us, prohi&ition, certiorari, ha&eas corpus, in0unctions, and other ancillary writs and processes in
aid of its appellate 0urisdiction and over petitions of si%ilar nature, including 9uo warranto, arising or that
%ay arise in cases fled or which %ay &e fled under (8ecutive +rder "os. 1,2,1; and 1;-/, issued in 1<C#:
rovided, That the 0urisdiction over these petitions shall not &e e8clusive of the Supre%e )ourt.
The procedure prescri&ed in Batas a%&ansa Blg. 12<, as well as the i%ple%enting rules that the Supre%e
)ourt has pro%ulgated and %ay hereafter pro%ulgate, relative to appealsEpetitions for review to the )ourt
of /ppeals, shall apply to appeals and petitions for review fled with the Sandigan&ayan. *n all cases
elevated to the Sandigan&ayan and fro% the Sandigan&ayan to the Supre%e )ourt, the +3ce of the
+%&uds%an, through its special prosecutor, shall represent the eople of the hilippines, e8cept in cases
fled pursuant to (8ecutive +rder "os. 1, 2, 1; and 1;-/, issued in 1<C#.
'*n case private individuals are charged as co-principals, acco%plices or accessories with the pu&lic o3cers
or e%ployees, including those e%ployed in gove%%ent-owned or controlled corporations, they shall &e
tried 0ointly with said pu&lic o3cers and e%ployees in the proper courts which shall e8ercise e8clusive
0urisdiction 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 0ointly deter%ined in, the sa%e proceeding &y the Sandigan&ayan or the appropriate courts, the
fling of the cri%inal action &eing dee%ed to necessarily carry with it the fling of the civil action, and no
right to reserve the fling of such civil action separately fro% the cri%inal action shall &e recogni6ed:
rovided, however, That where the civil action had therefore &een fled separately &ut 0udg%ent therein
has not yet &een rendered, and the cri%inal case is hereafter fled 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 0oint 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:
BS()T*+" =. For%, Finality and (nforce%ent of !ecisions. - /ll decisions and fnal orders deter%ining the
%erits of a case or fnally disposing of the action or proceedings of the Sandi0an&ayan shall contain
co%plete fndings 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 fnal order or decision %ay &e fled within ffteen ?1D@ days fro%
pro%ulgation or notice of the fnal order on 0udg%ent, and such %otion for reconsideration shall &e decided
within thirty ?:$@ days fro% su&%ission thereon.
'!ecisions and fnal orders ofthe Sandigan&yan shall &e appeala&le to the Supre%e )ourt &y petition for
review on certiorari raising pure 9uestions of law in accordance with .ule ;D of the .ules of )ourt.
Ghenever, 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 e8ecuted and enforced in the %anner provided &y
law.
'!ecisions and fnal orders of other courts in cases cogni6a&le &y said courts under this decree as well as
those rendered &y the% in the e8ercise of their appellate 0urisdiction shall &e appeala&le to, or &e
reviewa&le &y, the Sandigan&ayan in the %anner provided &y .ule 122 of the .ules of the )ourt.
'*n case, however, the i%posed penalty &y the Sandigan&ayan or the regional trial court in the proper
e8ercise of their respective 0urisdictions, is death, review &y the Supre%e )ourt shall &e auto%atic,
whether or not accused fles 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 fscal 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 Aeneral /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 a>ected there&y shall re%ain in full force and e>ect.
*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 %odifed accordingly.
*ection !1. Efectivity. - This /ct shall ta1e e>ect ffteen ?1D@ days after its co%plete pu&lication in at least two
?2@ newspapers of general circulation.