JAN.

10, 2015

NR # 3707

House approves creation of two more Sandiganbayan divisions

A judicial reform measure promoting efficient disposition of graft and corruption
cases and de-clogging the dockets of the Sandiganbayan has been approved by the House
of Representatives and endorsed to the Senate.
HB 5283, a consolidation of five separate but similar bills, was successfully steered
and defended in plenary by its authors led by its sponsoring Committee on Justice
Chairman, Hon. Niel C. Tupas, Jr. and the Committee on Appropriations chaired by Rep.
Isidro T. Ungab, until its final approval last December 15, 2014.
Principal authors of the original bills included: Rep. Francis Gerald A. Abaya (HB
139); Rep. Romero S. Quimbo (HB3872; Rep. Rufus B. Rodriguez and Rep. Maximo B.
Rodriguez, Jr. (HB 3992); Chairman Tupas (HB 4108); and Rep. Christopher S. Co and
Rep. Rodel M. Batocabe (HB 4717).
The consolidated HB 5283 seeks to further strengthen the functional and structural
organization of the Sandiganbayan, further amending Presidential Decree No. 1606, as
amended, and appropriating funds therefor.
The bill seeks to increase the number of divisions of the Sandiganbayan from its
present five (5) divisions to seven (7) divisions to enhance its capacity to resolve anti-graft
and corruption cases.
The bill also provides for exclusive original jurisdiction in all cases involving
violations of RA 3019 (as amended, otherwise known as the Anti-Graft and Corrupt
Practices Act) and the Revised Penal Code, where one or more of the accused are officials
occupying positions in government as enumerated in the proposed reform bill.
Likewise, the measure transfers the jurisdiction of Sandiganbayan to the Regional
Trial Court in the following cases: 1) where the information does not allege any damage
or bribe; 2) where the information alleges damage or bribe that are unquantifiable; or 3)
where the information alleges damage or bribe arising from transactions not exceeding
One Million Pesos.
Another notable provision contained in HB 5283 states: Subject to the rules
promulgated by the supreme Court, the cases falling under the jurisdiction of the Regional
Trial Court under this Section shall be tried in a Judicial Region other than where the
official holds office.
Another salient provision is that which modifies the quorum requirement from three
(3) members to two (2) members of a Division.

It also provides that all three (3) members of a Division shall deliberate on a case
submitted for judgement or final order and the concurrence of two (2) justices in a
division shall be necessary to render judgement or final order.
It is also noted that the (Transitory Provisions) proposed Act shall apply to all
cases pending in the Sandiganbayan over which trial has not begun: Provided, That: (a)
Section 2, amending Section 4 of P.D. 1606, as amended, on Jurisidiction; and (b)
Section 3, amending Section 5 of P.D. 1606, as amended, shall apply to cases arising from
offenses committed after the effectivity of this (proposed) Act.
The measure has been transmitted to the Senate last December 17, 2014, just before
Congress adjourned for the Christmas holidays. (30) dpt