MANDATE OF THE SANDIGANBAYAN

SEC. 5. The Batasang Pambansa shall create a special court, to be known as Sandiganbayan, which
shall have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law. (Art. XIII), 1973
Constitution.
SEC. 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. (Art. XI), 1987 Constitution.

JURISDICTION OF SANDIGANBAYAN
The jurisdiction of the Sandiganbayan is perhaps one of the most often amended provision from the
1973 Constitution to RA 8249 of 1997. Before RA 8249, jurisdiction of the Sandiganbayan was
determined on the basis of the penalty imposable on the offense charged. Then, it was amended such
that regardless of the penalty, so long as the offense charged was committed by a public officer, the
Sandiganbayan was vested with jurisdiction. Under RA 8249, to determine whether the Sandiganbayan
has jurisdiction, lawyers must look into two (2) criteria, namely:
The nature of the offense and The salary grade of the public official.

Thus, Sec.4 of RA 8249 provides that the Sandiganbayan shall have original exclusive jurisdiction
over:
I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law);
II.) RA 1379 (Forfeiture of Illegally Acquired Wealth);
III.) Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII, Bk. II of the RPC
(Crimes committed by Public Officers) namely:
a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985;
b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985;
c) Qualified Bribery under Art. 211-A as amended by RA 7659, Dec. 13, 1993;
d) Corruption of public officials under Art. 212
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, provincial
treasurers, assessors, engineers and other provincial department heads;
b) City mayors, vice-mayors, members of the sangguniang panglungsod, city treasurers,
assessors, engineers and other 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 PNP 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; officials and the prosecutors in the Office
of the Ombudsman and special prosecutor ;
g) President, 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 Classification Act of 1989;
3) Members of the Judiciary without prejudice to the provision of the Constitution;
4) Chairmen and members of Constitutional Commissions, without prejudice to the provision of the
Constitution;
5) All other national and local officials classified as Grade 27 and higher under the Compensation
and Position Classification Act of 1989.
IV.) Other offenses or felonies whether simple or complexed with other crimes committed in relation to
their office by the public officials and employees mentioned above;
V.) Civil and Criminal Cases filed pursuant to and in connection with EO 1, 2, 14 & 14-A issued in 1986
VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari, habeas corpus, injunction and
other ancillary writs and processes in aid of its appellate jurisdiction; Provided, jurisdiction is not
exclusive of the Supreme Court
VII.) Petitions for Quo Warranto arising or that may arise in cases filed or that may be filed under EO
1, 2, 14 & 14- A
VIII.) OTHERS provided the accused belongs to SG 27 or higher:
a.) Violation of RA 6713 - Code of Conduct and Ethical Standards
b.) Violation of RA 7080 - THE PLUNDER LAW
c.) Violation of RA 7659 - The Heinous Crime Law
d.) RA 9160 - Violation of The Anti-Money Laundering Law when committed by a public officer
e.) PD 46 referred to as the gift-giving decree which makes it punishable for any official or
employee to receive directly or indirectly and for the private person to give or offer to give any gift,
present or other valuable thing on any occasion including Christmas, when such gift, present or
valuable thing is given by reason of his official position, regardless of whether or not the same is for
past favors or the giver hopes or expects to receive a favor or better treatment in the future from the
public official or employee concerned in the discharge of his official functions. Included within the
prohibition is the throwing of parties or entertainment in honor of the official or employee or his
immediate relatives.
f.) PD 749 which grants immunity from prosecution to any person who voluntarily gives information
about any violation of Art.210, 211 or 212 of the RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of
the Customs and Tariff Code and other provisions of the said Codes penalizing abuse or dishonesty on
the part of the public officials concerned and other laws, rules and regulations penalizing graft,
corruption and other forms of official abuse and who willingly testifies against the public official or
employee subject to certain conditions.

It should be noted that private individuals can be sued in cases before the Sandiganbayan if they are
alleged to be in conspiracy with the public officer.
The Sandiganbayan is vested with Appellate Jurisdiction over final judgments, resolutions or orders of
the RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil cases
falling within the original exclusive jurisdiction of the Sandiganbayan but which were committed by
public officers below Salary Grade 27.

Jurisdiction In Criminal Cases

1.

SUPREME COURT
A.

ORIGINAL
i.

EXCLUSIVE
Petitions for certiorari, prohibition and mandamus
against the Court of Appeals & the Sandiganbayan

ii.

CONCURRENT
a.

With the Court of Appeals:

a.

petitions for certiorari, prohibition and mandamusagainst

the Regional Trial Court

b.

With the Court of Appeals & the Regional Trial Court

a.

petitions for certiorari, prohibition and mandamusagainst the

lower courts

c.

With the Sandiganbayan:

a.

petitions for mandamus, prohibition certiorari,habeas corpus,

injunctions and ancillary writs in aid of its appellate jurisdiction;

b.

petitions for quo warranto arising from Executive Order #s 1,

2, 14 & 14 A

B.

EXCLUSIVE APPELLATE
i.

BY APPEAL
a.

From the Regional Trial Court:

a.

in all criminal cases involving offenses for which the penalty

is reclusion perpetua or life imprisonment;

b.

those involving other offenses which, although not so

punished, arose out of the same occurrence or which may have been
committed by the accused on the same occasion.

b.

Automatic review in criminal cases where the death penalty is

imposed.

ii.

BY PETITION FOR REVIEW ON CERTIORARI

a.

From the Court of Appeals;

b.

From the Sandiganbayan; and

c.

From the Regional Trial Court where only an error

or question of law is involved

2.

COURT OF APPEALS
A.

ORIGINAL
i.

EXCLUSIVE
a.

Actions for annulment of judgments of the Regional Trial Court

ii.

CONCURRENT
a.

With the Supreme Court:

a.

petitions for certiorari, prohibition and mandamusagainst

the Regional Trial Court

b.

With the Supreme Court & Regional Trial Court:

a.

petitions for certiorari, prohibition and mandamusagainst

the Regional Trial Court

B.

EXCLUSIVE APPELLATE
i.

BY APPEAL
From the RTC in cases commenced therein, except those appealable to
the Supreme Court or the Sandiganbayan

ii.

BY PETITION FOR REVIEW

From the Regional Trial Court in cases appealed thereto from the lower courts
and not appealable to the Sandiganbayan

3.

SANDIGANBAYAN
A.

ORIGINAL
i.

EXCLUSIVE
a.

Violations of:
a.

Republic Act 3019

(Anti-Graft and Corrupt Practices Act)

b.

Republic Act No. 1379

c.

Chapter 11, Section 2, Title VII, Book II of the Revised Penal

Code

b.

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:

c.

(1) Officials of the executive branch occupying the position of regional

director and higher (AKA Grade 27 of RA 6758), including:
a.

Provincial governors, vice-governors, members of

thesangguniang panlalawigan, provincial treasurers, assessors,
engineers and other provincial department heads;

b.

City mayors, vice-mayors, members of thesangguniang

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 PNP 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 of trustees, or managers of government

owned or controlled corporations, state universities or educational
institutions or foundations.

d.

(2) Members of Congress and officials thereof (classified as Grade 27

and higher under the CPCA of 1989);

e.

(3) Members of the judiciary without prejudice to the provisions of

the Constitution;

f.

(4) Chairmen and members of the Constitutional Commissions,

without prejudice to the provisions of the Constitution; and

g.

(5) All other national and local officials (classified as Grade 27 and
higher under the CPCA of 1989)

h.

b. Other offenses or felonies whether simple or complexed with other

crimes committed in relation to their office by the public officials and
employees mentioned in Section 4(a), P.D. 1606, as amended by Republic
Act 7975

i.

c. Civil and criminal cases filed pursuant to and in connection with

Executive Order #s 1,2,14 and 14 A, issued in 1986

ii.

CONCURRENT
a.

With the Supreme Court:

a.

petitions for mandamus, prohibition certiorari, habeas corpus,

injunctions and ancillary writs in aid of its appellate jurisdiction;

b.

petitions for quo warranto arising from Executive Order #s 1,

2, 14 & 14 A

B.

EXCLUSIVE APPELLATE
i.

BY APPEAL
a.

From the Regional Trial Court in cases under P.D. 1606 (as amended
by P.D. 1861) whether or not the cases were decided by them in the
exercise of their original or appellate jurisdictions

4.

REGIONAL TRIAL COURT

A.

EXCLUSIVE ORIGINAL
i.

All criminal cases not within the exclusive jurisdiction of any court, tribunal or
body

B.

EXCLUSIVE APPELLATE
i.

5.

All cases decided by lower courts in their respective territorial jurisdictions

METROPLOITAN, MUNICIPAL, AND MUNICIPAL CIRCUIT TRIAL COURTS

A.

EXCLUSIVE ORIGINAL
i.

All violations of city or municipal ordinances committed within their respective

territorial jurisdictions;

ii.

All offenses punishable with imprisonment of not more than 6 years

irrespective of the amount of fine

iii.

All cases of damage to property through criminal negligence

a.

iv.

regardless of other penalties and the civil liabilities arising therefrom

All offenses committed by public officers and employees in relation to their

office, including those employed in government-owned or controlled corporations

v.

a.

except violations of RA 3019 & RA 1379

b.

except Articles 210 212 of the Revised Penal Code

All offenses committed by private individuals charged as co-principals,

accomplices or accessories
a.

punishable with imprisonment of not more than 6 years; or

b.

where none of the accused holds a position of salary Grade 27 and

higher

B.

SUMMARY PROCEDURE
i.

Traffic violations

ii.

Violations of the rental law

iii.

Violations of city municipal ordinances

iv.

All other offenses where the penalty does not exceed 6 months imprisonment
and/or P1,000 fine
a.

v.

irrespective of other penalties or civil liabilities arising therefrom

All offenses involving damage to property through criminal negligence

a.

where the imposable fine does not exceed P10,000.-

* Based on the Judiciary Act of 1980, as amended

ASSIGNMENT IN PHILOSOPHY OF LAW

Philosophy of law is a branch of philosophy and jurisprudence that studies basic questions
about law and legal systems, such as "what is law?", "what are the criteria for legal validity?", "what
is the relationship between law and morality?", and many other similar questions.
The noun philosophy means the study of proper behavior, and the search for wisdom. The
originalmeaning of the word philosophy comes from the Greek roots philo- meaning "love" and
-sophos, or "wisdom."
-------------------a. POLITICAL LAW - That branch of public law which deals with the organization, and operations of
the governmental organs of the State and defines the relations of the State with the inhabitants of its
territory. [People v. Perfecto, 43Phil. 887; Macariola v. Asuncion, 114 SCRA 77].
Scope/Divisions of Political Law.
1. Constitutional Law.
The study of the maintenance of the proper balance between authority as represented by the three
inherent powers of the State and liberty as guaranteed by the Bill of Rights
[Cruz, Constitutional Law, 1993 ed., p.1].
2. Administrative Law.
That branch of public law which fixes the organization of government, determines the competence of
the administrative authorities who execute the law, and indicates to the individual remedies for the
violation of his rights.
3. Law on Municipal Corporations.
4. Law of Public Officers.
5. Election Laws.
Basis of the Study.
1. 1987 Constitution
2. 1973 and 1935 Constitutions
3. Other organic laws made to apply to the Philippines, e.g., Philippine Bill of1902, Jones Law of 1916,
and Tydings-McDuffie Law of 1934.
4. Statutes, executive orders and decrees, and judicial decisions
5. U.S. Constitution.
b. LABOR LAW Labor laws first arrived as standards in the Industrial Revolution. Labor laws have
two categories: collective and individual. Collective labor law covers union, employer and
employee relationships. Individual labor law covers employees workplace rights. Enforced by
government agencies, legal rulings collectively cover working people, their organizations, trade
unions and employee unions. Also known as employment law. (Black's Law Dictionary)
c.

CIVIL LAW Branch of Law that treats the personal and family relations of a person, his
property and successional rights, and the effects of obligation and contracts. "Civil" is derived from
the Latin "civiles", a citizen. Originally, the word pertained to a member of "civitas" or a free
political community (Black's Law Dictionary)

d. TAX LAW
POWER OF TAXATION

TAXATION power by which the sovereign through its law-making body raises revenue to defray
the necessary expenses of government from among those who in some measure are privileged to
enjoy its benefits and must bear its burdens.
Tax law in the Philippines covers national and local taxes. National taxes refer to national internal
revenue taxes imposed and collected by the national government through the Bureau of Internal
Revenue (BIR) and local taxes refer to those imposed and collected by the local government. The
Tax Code of 1997, Revenue Issuances and BIR Rulings pertaining to national taxes
e. MERCANTILE LAW - A legal code that governs the operations of both banks and varied
businesses. Agreements, contracts, copyrights, franchising, insurance, licensing, patents, shipping
and transport, trademarks, and the like are all cover by mercantile law (Black's Law Dictionary)
-or
COMMERCIAL LAW
That branch of private law, which regulates the juridical relations arising from commercial
acts.
f.

CRIMINAL LAW - A branch of municipal law which defines crimes,

treats of their nature and provides for their punishment.

Limitations on the power of Congress to enact penal laws (ON)

1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.4.Must not impose cruel and unusual
punishment or excessive fines.
Characteristics of Criminal Law:
1. General
the law is binding to all persons who reside in the Philippines
2. Territorial
the law is binding to all crimes committed within the National Territory of the Philippines
Exception to Territorial Application: Instances enumerated under Article 2.3.
3. Prospective
the law does not have any retroactive effect.
Exception to Prospective Application: when new statute is favorable to the accused.
g.

REMEDIAL LAW OR PROCEDURAL LAW

(a) provides a method of enforcing the rights established by substantive law;
(b) Prescribes the method of enforcing rights or obtaining redress for their invasion. [Bustos v
Lucero (1948)]
(c) Judicial process for enforcing rights and duties recognized by substantive law and for justly
administering remedy and redress for a disregard or infraction of them. [Fabian v Desierto
(1998)]

h.

LEGAL ETHICS - It is a branch of moral science which treats of the

duties which an attorney owes to the court, to his client, to his colleagues in the profession and to
the public as embodied in the Constitution, Rules of Court, the Code of Professional
Responsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws. (Justice
George Malcolm)