JURISDICTION The preliminary investigation shall be conducted in accordance with the procedure prescribed in

Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No. 911: Provided,
however, That if after the preliminary investigation the Judge finds a prima facie case, he shall
BATAS PAMBANSA Blg. 129
forward the records of the case to the Provincial/City Fiscal for the filing of the corresponding
information with the proper court.
AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND
FOR OTHER PURPOSES
No warrant of arrest shall be issued by the Judge in connection with any criminal complaint filed
with him for preliminary investigation, unless after an examination in writing and under oath or
affirmation of the complainant and his witnesses, he finds that a probable cause exists.

Section 20. Jurisdiction in criminal cases. – Regional Trial Courts shall exercise exclusive Any warrant of arrest issued in accordance herewith may be served anywhere in the Philippines.
original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal
or body, except those now falling under the exclusive and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.

REVISED RULES ON SUMMARY PROCEDURE

Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise appellate jurisdiction
over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15, 1991
Trial Courts in their respective territorial jurisdictions. Such cases shall be decided on the basis
of the entire record of the proceedings had in the court of origin and such memoranda and/or PROVIDING FOR THE REVISED RULE ON SUMMARY PROCEDURE FOR
briefs as may be submitted by the parties or required by the Regional Trial Courts. The decision METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
of the Regional Trial Courts in such cases shall be appealable by petition for review to the
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS.
Court of Appeals which may give it due course only when the petition shows prima facie that the
lower court has committed an error of fact or law that will warrant a reversal or modification of
the decision or judgment sought to be reviewed.
Pursuant to Section 36 of the Judiciary Reorganization Act of 1980 (B.P Blg.
Section 23. Special jurisdiction to try special cases. – The Supreme Court may designate
129) and to achieve an expeditious and inexpensive determination of the
certain branches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and
domestic relations cases, agrarian cases, urban land reform cases which do not fall under the cases referred to herein, the Court Resolved to promulgate the following
jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the
Supreme Court may determine in the interest of a speedy and efficient administration of justice. Revised Rule on Summary Procedure:chanroblesvirtuallawlibrary

Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
I.
Trial Courts in criminal cases. – Except in cases falling within the exclusive original jurisdiction of
Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Applicability
Courts, and Municipal Circuit Trial Courts shall exercise:
Section 1. Scope. — This rule shall govern the summary procedure in the
(1) Exclusive original jurisdiction over all violations of city or municipal ordinances Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal
committed within their respective territorial jurisdiction; and
Trial Courts, and the Municipal Circuit Trial Courts in the following cases

(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not falling within their jurisdiction:chanroblesvirtuallawlibrary
exceeding six (6) years irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value, or amount A. Civil Cases:chanroblesvirtuallawlibrary
thereof: Provided, however, That in offenses involving damage to property through
criminal negligence they shall have exclusive original jurisdiction thereof. (as amended
by R.A, No. 7691)

(1) All cases of forcible entry and unlawful detainer, irrespective of the
Section 37. Preliminary investigation. – Judges of Metropolitan Trial Courts, except those in the
National Capital Region, of Municipal Trial Courts, and Municipal Circuit Trial Courts shall have amount of damages or unpaid rentals sought to be recovered. Where
authority to conduct preliminary investigation of crimes alleged to have been committed within
attorney's fees are awarded, the same shall not exceed twenty thousand
their respective territorial jurisdictions which are cognizable by the Regional Trial Courts.
pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the total
amount of the plaintiff's claim does not exceed ten thousand pesos
(P10,000.00), exclusive of interest and costs.chanrobles virtual law
library chanrobles virtual law library
B. Criminal Cases:
(1) Violations of traffic laws, rules and regulations; chanrobles virtual law
library
(2) Violations of the rental law; chanrobles virtual law library
(3) Violations of municipal or city ordinances; chanrobles virtual law library
(4) All other criminal cases where the penalty prescribed by law for the
offense charged is imprisonment not exceeding six months, or a fine not
exceeding (P1,000.00), or both, irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to property through criminal
negligence, this Rule shall govern where the imposable fine does not
exceed ten thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs cause of action
is pleaded in the same complaint with another cause of action subject to
the ordinary procedure; nor to a criminal case where the offense charged is
necessarily related to another criminal case subject to the ordinary
procedure.chanrobles virtual law library chanrobles virtual law library
Sec. 2. Determination of applicability. — Upon the filing of a civil or
criminal action, the court shall issue an order declaring whether or not the
case shall be governed by this Rule A patently erroneous determination to
avoid the application of the Rule on Summary Procedure is a ground for
disciplinary action.chanrobles virtual law library chanrobles virtual law library
II.
Civil Cases
Sec. 3. Pleadings. —
A. Pleadings allowed. — The only pleadings allowed to be filed are the
complaints, compulsory counterclaims and cross-claims' pleaded in the
answer, and the answers thereto.
B. Verifications. — All pleadings shall be verified.
Sec. 4. Duty of court. — After the court determines that the case falls
under summary procedure, it may, from an examination of the allegations
therein and such evidence as may be attached thereto, dismiss the case
outright on any of the grounds apparent therefrom for the dismissal of a
civil action. If no ground for dismissal is found it shall forthwith issue
summons which shall state that the summary procedure under this Rule
shall apply. d-c chanrobles virtual law library
Sec. 5. Answer. — Within ten (10) days from service of summons, the
defendant shall file his answer to the complaint and serve a copy thereof
on the plaintiff. Affirmative and negative defenses not pleaded therein shall
be deemed waived, except for lack of jurisdiction over the subject matter.
Cross-claims and compulsory counterclaims not asserted in the answer
shall be considered barred. The answer to counterclaims or cross-claims
shall be filed and served within ten (10) days from service of the answer in
which they are pleaded.chanrobles virtual law library chanrobles virtual law
library
Sec. 6. Effect of failure to answer. — Should the defendant fail to answer
the complaint within the period above provided, the court, motu proprio, or
on motion of the plaintiff, shall render judgment as may be warranted by
the facts alleged in the complaint and limited to what is prayed for therein:
Provided, however, that the court may in its discretion reduce the amount
of damages and attorney's fees claimed for being excessive or otherwise
unconscionable. This is without prejudice to the applicability of Section 4,
Rule 15 of the Rules of Court, if there are two or more defendants.
Sec. 7. Preliminary conference; appearance of parties. — Not later than
thirty (30) days after the last answer is filed, a preliminary conference
shall be held. The rules on pre-trial in ordinary cases shall be applicable to
the preliminary conference unless inconsistent with the provisions of this
Rule.chanrobles virtual law library chanrobles virtual law library
The failure of the plaintiff to appear in the preliminary conference shall be a
cause for the dismissal of his complaint. The defendant who appears in the
absence of the plaintiff shall be entitled to judgment on his counterclaim in
accordance with Section 6 hereof. All cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be entitled to
judgment in accordance with Section 6 hereof. This Rule shall not apply
where one of two or more defendants sued under a common cause of
action who had pleaded a common defense shall appear at the preliminary
conference.
Sec. 8. Record of preliminary conference. — Within five (5) days after the
termination of the preliminary conference, the court shall issue an order
stating the matters taken up therein, including but not limited
to:chanroblesvirtuallawlibrary
(a) Whether the parties have arrived at an amicable settlement, and if so,
the terms thereof;
(b) The stipulations or admissions entered into by the parties;.
(c) Whether, on the basis of the pleadings and the stipulations and
admissions made by the parties, judgment may be rendered without the
need of further proceedings, in which event the judgment shall be rendered
within thirty (30) days from issuance of the order;
(d) A clear specification of material facts which remain controverted;
and chanrobles virtual law library
(e) Such other matters intended to expedite the disposition of the
case.chanrobles virtual law library chanrobles virtual law library
Sec. 9. Submission of affidavits and position papers. — Within ten (10)
days from receipt of the order mentioned in the next preceding section, the
parties shall submit the affidavits of their witnesses and other evidence on
the factual issues defined in the order, together with their position papers
setting forth the law and the facts relied upon by them.chanrobles virtual
law librarychanrobles virtual law library
Sec. 10. Rendition of judgment. — Within thirty (30) days after receipt of
the last affidavits and position papers, or the expiration of the period for
filing the same, the court shall render judgment.
However should the court find it necessary to clarify certain material facts,
it may, during the said period, issue an order specifying the matters to be
clarified, and require the parties to submit affidavits or other evidence on
the said matters within ten (10) days from receipt of said order. Judgment
shall be rendered within fifteen (15) days after the receipt of the last
clarificatory affidavits, or the expiration of the period for filing the same.
The court shall not resort to the clarificatory procedure to gain time for the
rendition of the judgment.
III.
Criminal Cases
Sec. 11. How commenced. — The filing of criminal cases falling within the
scope of this Rule shall be either by complaint or by information: Provided,
however, that in Metropolitan Manila and in Chartered Cities. such cases
shall be commenced only by information, except when the offense cannot
be prosecuted de oficio. chanrobles virtual law library
The complaint or information shall be accompanied by the affidavits of the
compliant and of his witnesses in such number of copies as there are
accused plus two (2) copies for the court's files.If this requirement is not
complied with within five (5) days from date of filing, the care may be
dismissed.chanrobles virtual law library chanrobles virtual law library
Sec. 12. Duty of court. — chanrobles virtual law library
(a) If commenced by compliant. — On the basis of the compliant and the
affidavits and other evidence accompanying the same, the court may
dismiss the case outright for being patently without basis or merit and
order the release of the amused if in custody.
(b) If commenced by information. — When the case is commenced by
information, or is not dismissed pursuant to the next preceding paragraph,
the court shall issue an order which, together with copies of the affidavits
and other evidence submitted by the prosecution, shall require the accused
to submit his counter-affidavit and the affidavits of his witnesses as well as
any evidence in his behalf, serving copies thereof on the complainant or
prosecutor not later than ten (10) days from receipt of said order. The
prosecution may file reply affidavits within ten (10) days after receipt of
the counter-affidavits of the defense.
Sec. 13. Arraignment and trial. — Should the court, upon a consideration
of the complaint or information and the affidavits submitted by both
parties, find no cause or ground to hold the accused for trial, it shall order
the dismissal of the case; otherwise, the court shall set the case for
arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately
arraigned and if he enters a plea of guilty, he shall forthwith be
sentenced.chanrobles virtual law library chanrobles virtual law library
Sec. 14. Preliminary conference. — Before conducting the trial, the court
shall call the parties to a preliminary conference during which a stipulation
of facts may be entered into, or the propriety of allowing the accused to
enter a plea of guilty to a lesser offense may be considered, or such other
matters may be taken up to clarify the issues and to ensure a speedy
disposition of the case.However, no admission by the accused shall be used
against him unless reduced to writing and signed by the accused and his
counsel.A refusal or failure to stipulate shall not prejudice the accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits submitted by the
parties shall constitute the direct testimonies of the witnesses who
executed the same. Witnesses who testified may be subjected to cross-
examination, redirect or re-cross examination. Should the affiant fail to
testify, his affidavit shall not be considered as competent evidence for the
party presenting the affidavit, but the adverse party may utilize the same
for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to testify
unless his affidavit was previously submitted to the court in accordance
with Section 12 hereof.chanrobles virtual law library chanrobles virtual law
library
However, should a party desire to present additional affidavits or counter-
affidavits as part of his direct evidence, he shall so manifest during the
preliminary conference, stating the purpose thereof. If allowed by the
court, the additional affidavits of the prosecution or the counter-affidavits
of the defense shall be submitted to the court and served on the adverse
party not later than three (3) days after the termination of the preliminary
conference. If the additional affidavits are presented by the prosecution,
the accused may file his counter-affidavits and serve the same on the
prosecution within three (3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order the arrest of the
accused except for failure to appear whenever required. Release of the
person arrested shall either be on bail or on recognizance by a responsible
citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been conducted, the court shall
promulgate the judgment not later than thirty (30) days after the
termination of trial.chanrobles virtual law library chanrobles virtual law library
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon for
conciliation under the provisions of Presidential Decree No. 1508 where
there is no showing of compliance with such requirement, shall be
dismissed without prejudice and may be revived only after such
requirement shall have been complied with. This provision shall not apply
to criminal cases where the accused was arrested without a
warrant.chanrobles virtual law library chanrobles virtual law library
Sec. 19. Prohibited pleadings and motions. — The following pleadings,
motions or petitions shall not be allowed in the cases covered by this
Rule: chanrobles virtual law library
(a) Motion to dismiss the complaint or to quash the complaint or
information except on the ground of lack of jurisdiction over the subject
matter, or failure to comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for
opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other
paper; chanrobles virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;
(h) Motion to declare the defendant in default; chanrobles virtual law library
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be submitted under this
Rule shall state only facts of direct personal knowledge of the affiants
which are admissible in evidence, and shall show their competence to
testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel who
submits the same to disciplinary action, and shall be cause to expunge the
inadmissible affidavit or portion thereof from the record.chanrobles virtual
law library chanrobles virtual law library
Sec. 21. Appeal. — The judgment or final order shall be appealable to the
appropriate regional trial court which shall decide the same in accordance
with Section 22 of Batas Pambansa Blg. 129. The decision of the regional
trial court in civil cases governed by this Rule, including forcible entry and

unlawful detainer, shall be immediately executory, without prejudice to a
further appeal that may be taken therefrom. Section 10 of Rule 70 shall be
deemed repealed.
Sec. 22. Applicability of the regular rules. — The regular procedure
prescribed in the Rules of Court shall apply to the special cases herein
provided for in a suppletory capacity insofar as they are not inconsistent
herewith. chanrobles virtual law library
Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be
effective on November 15, 1991.chanrobles virtual law library
Republic Act No. 8493 February 12, 1998
AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE
SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT,
MUNICIPAL TRIAL COURT, AND MUNICIPAL CIRCUIT TRIAL COURT, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Title. - This Act shall be known as the "Speedy Trial Act of 1998."
Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal
Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and the
Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial conference to
consider the following:
(a) Plea bargaining;
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial.
Section 3. Pre-Trial Agreement. - All agreements or admissions made or entered into during
the pre-trial conference shall be reduced to writing and signed by the accused and counsel,
otherwise the same shall not be used in evidence against the accused. The agreements in
relation to matters referred to in Section 2 hereof is subject to the approval of the court:
Provided, That the agreement on the plea of the accused to a lesser offense may only be
revised, modified, or annulled by the court when the same is contrary to law, public morals, or
public policy.
Section 4. Nonappearance at Pre-Trial Conference. - Where counsel for the accused or the
prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse
for his/her lack of cooperation, the pre-trial justice or judge may impose proper sanctions or
penalties.
Section 5. Pre-Trial Order. - After the pre-trial conference, the court shall issue an order
reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the
parties, limit the trial to matters not disposed of and control the course of action during the trial,
unless modified by the court to prevent manifest injustice.
Section 6. Time Limit for Trial. - In criminal cases involving persons charged of a crime, except
those subject to the Rules on Summary Procedure, or where the penalty prescribed by law does
not exceed six (6) months imprisonment, or a fine of One thousand pesos (P1,000.00) or both,
irrespective of other imposable penalties, the justice or judge shall, after consultation with the
public prosecutor and the counsel for the accused, set the case for continuous trial on a weekly
or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no
case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial,
except as otherwise authorized by the Chief Justice of the Supreme Court pursuant to Section 3,
Rule 22 of the Rules of Court.
Section 7. Time Limit Between Filing of Information and Arraignment and Between
Arraignment and Trial. - The arraignment of an accused shall be held within thirty (30) days
from the filing of the information, or from the date the accused has appeared before the justice,
judge or court in which the charge is pending, whichever date last occurs. Thereafter, where a
plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial.
Trial shall commence within thirty (30) days from arraignment as fixed by the court.
If the accused pleads not guilty to the crime charged, he/she shall state whether he/she
interposes a negative or affirmative defense. A negative defense shall require the prosecution to
prove the guilt of the accused beyond reasonable doubt, while an affirmative defense may
modify the order of trial and require the accused to prove such defense by clear and convincing
evidence.
Section 8. Time Limit Following an Order for New Trial. - If the accused is to be tried again
following an order of a court for a new trial, the trial shall commence within thirty (30) days from
the date the order for a new trial becomes final, except that the court retrying the case may
extend such period but in any case shall not exceed one hundred eighty (180) days from the
date the order for a new trial becomes final if unavailability of witnesses or other factors resulting
from passage of time shall make trial within thirty (30) days impractical.
Section 9. Extended Time Limit. - Notwithstanding the provisions of Section 7 of this Act, for
the first twelve-calendar-month period following its effectivity, the time limit with respect to the
period from arraignment to trial imposed by Section 7 of this Act shall be one hundred eighty
(180) days. For the second twelve-month period the time limit shall be one hundred twenty (120)
days, and for the third twelve-month period the time limit with respect to the period from
arraignment to trial shall be eighty (80) days.
Section 10. Exclusions. - The following periods of delay shall be excluded in computing the
time within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning the accused,
including but not limited to the following:
 (1) delay resulting from an examination of the accused, and hearing on
his/her mental competency, or physical incapacity;
(2) delay resulting from trials with respect to charges against the accused;
(3) delay resulting from interlocutory appeals;
(4) delay resulting from hearings on pre-trial motions: Provided, That the
delay does not exceed thirty (30) days,
(5) delay resulting from orders of inhibition, or proceedings relating to
change of venue of cases or transfer from other courts;
(6) delay resulting from a finding of the existence of a valid prejudicial
question; and
(7) delay reasonably attributable to any period, not to exceed thirty (30)
days, during which any proceeding concerning the accused is actually under
advisement.
(b) Any period of delay resulting from the absence or unavailability of the accused or
an essential witness.
For purposes of this subparagraph, an accused or an essential witness shall be
considered absent when his/her whereabouts are unknown and, in addition, he/she is
attempting to avoid apprehension or prosecution or his/her whereabouts cannot be
determined by due diligence. An accused or an essential witness shall be considered
unavailable whenever his/her whereabouts are known but his/her presence for trial
cannot be obtained by due diligence or he/she resists appearing at or being returned
for trial.
(c) Any period of delay resulting from the fact that the accused is mentally incompetent
or physically unable to stand trial.
(d) If the information is dismissed upon motion of the prosecution and thereafter a
charge is filed against the accused for the same offense, or any offense required to be
joined with that offense, any period of delay from the date the charge was dismissed
to the date the time limitation would commence to run as to the subsequent charge
had there been no previous charge.
(e) A reasonable period of delay when the accused is joined for trial with a co-accused
over whom the court has not acquired jurisdiction, or as to whom the time for trial has
not run and no motion for severance has been granted.
(f) Any period of delay resulting from a continuance granted by any justice or judge
motu propio or on motion of the accused or his/her counsel or at the request of the
public prosecutor, if the justice or judge granted such continuance on the basis of
his/her findings that the ends of justice served by taking such action outweigh the best
interest of the public and the defendant in a speedy trial. No such period of delay
resulting from a continuance granted by the court in accordance with this
subparagraph shall be excludable under this section unless the court sets forth, in the
record of the case, either orally or in writing, its reasons for finding that the ends of
justice served by the granting of such continuance outweigh the best interests of the
public and the accused in a speedy trial.
Section 11. Factors for Granting Continuance. - The factors, among others, which a justice or
judge shall consider in determining whether to grant a continuance under subparagraph (f) of
Section 10 of this Act are as follows:
(a) Whether the failure to grant such a continuance in the proceeding would be likely
to make a continuation of such proceeding impossible, or result in a miscarriage of
justice.
(b) Whether the case taken as a whole is so novel, so unusual and so complex, due to
the number of accused or the nature of the prosecution or otherwise, that it is
unreasonable to expect adequate preparation within the periods of time established by
this Act.
No continuance under subparagraph (f) of Section 10 shall be granted because of general
congestion of the court's calendar, or lack of diligent preparation or failure to obtain available
witnesses on the part of the public prosecutor.
Section 12. Public Attorney's Duties Where Accused is Imprisoned. - If the public attorney
knows that a person charged of a crime is preventively detained, either because he/she is
charged of a bailable crime and has no means to post bail, or is charged of a non-bailable crime,
or is serving a term of imprisonment in any penal institution, the public attorney shall promptly:
(a) Undertake to obtain the presence of the prisoner for trial, or cause a notice to be
served on the person having custody of the prisoner mandating such person to so
advise the prisoner of his/her right to demand trial.
(b) Upon receipt of a notice, the person having custody of the prisoner shall promptly
advise the prisoner of the charge and of his/her right to demand trial. If at any time
thereafter the prisoner informs the person having custody that he/she demands trial,
such person shall cause notice to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the
presence of the prisoner for trial.
(d) When the person having custody of the prisoner receives from the public attorney
a properly supported request for temporary custody of the prisoner for trial, the
prisoner shall be made available to that public attorney.
Section 13. Remedy Where Accused is Not Brought to Trial Within the Time Limit. - If an
accused is not brought to trial within the time limit required by Section 7 of this Act as extended
by Section 9, the information shall be dismissed on motion of the accused. The accused shall
have the burden of proof of supporting such motion but the prosecution shall have the burden of
going forward with the evidence in connection with the exclusion of time under Section 10 of this
Act.
In determining whether to dismiss the case with or without prejudice, the court shall consider,
among other factors, the seriousness of the offense, the facts and circumstances of the case
which led to the dismissal, and the impact of a reprosecution on the implementation of this Act
and on the administration of justice. Failure of the accused to move for dismissal prior to trial or
entry of a plea of guilty shall constitute a waiver of the right to dismissal under this section.
Section 14. Sanctions. - In any case in which counsel for the accused, the public prosecution
or public attorney:
(a) knowingly allows the case to be set for trial without disclosing the fact that a
necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he/she knows is totally frivolous
and without merit;
Section 18. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Section 19. Separability Clause. - In case any provision of this Act is declared unconstitutional,
the other provisions shall remain in effect.
Section 20. Effectivity. - This Act shall take effect after fifteen (15) days following its publication
in the Official Gazette or in any newspaper of general circulation: Provided, That Section 7 of
this Act shall become effective after the expiration of the aforementioned third-calendar-month
period provided in Section 9 of this Act.

Approved: February 12, 1998

(c) makes a statement for the purpose of obtaining continuance which he/she knows
to be false and which is material to the granting of a continuance; or
CIRCULAR NO. 38-98 August 11, 1998
(d) otherwise willfully fails to proceed to trial without justification consistent with the
provisions of this Act, the court may, without prejudice to any appropriate criminal IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8493, ENTITLED "AN ACT TO
and/or administrative charges to be instituted by the proper party against the erring ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE
counsel if and when warranted, punish any such counsel or attorney, as follows: SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT,
MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL TRIAL COURT AND MUNICIPAL
CIRCUIT TRIAL COURT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
(1) in the case of a counsel privately retained in connection with the defense
PURPOSES."
of an accused, by imposing a fine not exceeding; fifty percent (50%) of the
compensation to which he/she is entitled in connection with his/her defense
of the accused; SECTION 1. PURPOSE OF CIRCULAR. — This Circular is promulgated for the purpose of
implementing the provisions of Republic Act No. 8493, otherwise known as the "Speedy Trial Act
of 1998," as directed in Section 15 hereof.
(2) by imposing on any appointed counsel de officio or public prosecutor a
fine not exceeding Ten thousand pesos (10,000.00); and
Sec. 2. TIME LIMIT FOR ARRAIGNMENT AND PRE-TRIAL. — The arraignment and the pre-
trial, if the accused pleads not guilty to the crime charged, shall be held within thirty (30) days
(3) by denying any defense counsel or public prosecutor the right to practice
from the date the court acquires jurisdiction over the person of the accused. The period of the
before the court considering the case for a period not exceeding thirty (30)
pendency of a motion to quash, or for a bill of particulars, or other causes justifying suspension
days.
of arraignment shall be excluded.

The authority to punish provided for by this section shall be in addition to any other
Sec. 3. MANDATORY PRE-TRIAL IN CRIMINAL CASES. — In all criminal cases cognizable by
authority or power available to the court. The court shall follow the procedures
the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in
established in the Rules of Court in punishing any counsel or public prosecutor
Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after arraignment,
pursuant to this section.
order a pre-trial conference to consider the following:

Section 15. Rules and Regulations. - The Supreme Court shall promulgate rules, regulations,
(a) Plea bargaining;
administrative orders and circulars which shall seek to accelerate the disposition of criminal
cases. The rules, regulations, administrative orders and circulars formulated shall provide
sanctions against justices and judges who willfully fail to proceed to trial without justification (b) Stipulation of facts;
consistent with the provisions of this Act.
(c) Marking for identification of evidence of the parties;
Section 16. Funding. - For the effective implementation of the rules, regulations, administrative
orders and circulars promulgated under this Act, the amount of Twenty million pesos
(d) Waiver of objections to admissibility of evidence; and
(P20,000,000.00) annually shall be appropriated from the allocation of the Supreme Court under
the General Appropriations Act. Thereafter, such additional amounts as may be necessary for its
continued implementation shall be included in the annual General Appropriations Act. (e) Such other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.
Section 17. Act Not a Bar to Speedy Trial Claim Under the Constitution. - No provision of
this Act shall be interpreted as a bar to any claim of denial of speedy trial as required by Article If the accused has pleaded not guilty to the crime charged, he may state whether he interposes
III, Section 14(2) of the 1987 Constitution. a negative or affirmative defense. A negative defense shall require the prosecution to proved the
 guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the
order of trial and require the accused to prove such defense by clear and convincing evidence.
Sec. 4. PRE-TRIAL AGREEMENT. — All agreements or admissions made or entered into
during the pre-trial conference shall be reduced to writing and signed by the accused and
counsel, otherwise the same shall not be used against the accused. The agreements in relation
to matters referred to in Section 3 hereof are subject to the approval of the court; Provided, That
the agreement on the please of the accused should be to a lesser offense necessarily included
in the offense charged.
Sec. 5. NON-APPEARANCE AT PRE-TRIAL CONFERENCE. — Where counsel for the
accused or the prosecutor does not appear at the pretrial conference and does not offer an
acceptable excuse for his lack of cooperation, the court may impose proper sanctions or
penalties.
Sec. 6. PRE-TRIAL ORDER. — After the pre-trial conference, the court shall issue an order
reciting the actions taken, the facts stipulated, and the evidence marked. Such order shall bind
the parties, limit the trial to matters not disposed of and control the course of action during the
trial, unless modified by the court to prevent manifest injustice.
Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days
to prepare for trial which shall commence within thirty (30) days from receipt of the pre-trial
order.
essential witness shall be considered unavailable whenever his whereabouts are known but his
Sec. 7. EXTENDED TIME LIMIT. — Notwithstanding the provisions of the preceding sections 2
and 6 for the first twelve-calendar-month period following its effectivity, the time limit with respect
to the period from arraignment to trial imposed by said provision shall be one hundred eighty
(180) days. For the second twelve-month period, the time limit shall be one hundred twenty
(120) days, and for the third twelve-month period the time limit shall be eighty (80) days.
Sec. 8. TIME LIMIT FOR TRIAL. — In criminal cases involving persons charged with a crime,
except those subject to the Rule of Summary Procedure, or where the penalty prescribed by law
does not exceed six (6) months imprisonment, or a fine of one thousand pesos (P1,000.00) or
both, irrespective of other imposable penalties, the court shall, after consultation with the public
prosecutor and the counsel for the accused, set the case for continuous trial on a weekly or
other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no
case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial,
except as otherwise authorized by the Court Administrator pursuant to Section 2, Rule 30 of the
Rules of Court.
Sec. 9. EXCLUSIONS. — The following periods of delay shall be excluded in computing the time
within which trial must commence:
(a) Any period resulting from other proceedings concerning the accused,
including but not limited to the following:
Sec. 10. FACTORS FOR GRANTING CONTINUANCE. — The following factors, among others,
(1) delay resulting from an examination of the physical
and mental condition of the accused;
(2) delay resulting from proceedings with respect to
other criminal charges against the accused;
(3) delay resulting from extraordinary remedies against
interlocutory orders;
(4) delay resulting from pre-trial proceedings;
Provided, that the delay does not exceed thirty (30)
days;
(5) delay resulting from orders of inhibition or
proceedings relating to change of venue of cases or
transfer from other courts;
(6) delay resulting from a finding of the existence of a
valid prejudicial question; and
(7) delay reasonably attributable to any period, not to
exceed thirty (30) days, during which any proceeding
concerning the accused is actually under advisement.
(b) Any period of delay resulting from the absence or unavailability of an
essential witness.
For purposes of this subparagraph, an essential witness shall be considered absent when his
whereabouts are unknown or his whereabouts cannot be determined by due diligence. An
presence for trial cannot be obtained by due diligence.
(c) Any period of delay resulting from the fact that the accused is mentally
incompetent or physically unable to stand trial.
(d) If the information is dismissed upon motion of the prosecution and
thereafter a charge is filed against the accused for the same offense, any
period of delay from the date the charge was dismissed to the date the time
limitation would commence to run as to the subsequent charge had there
been no previous charge.
(e) A reasonable period of delay when the accused is mentally incompetent
or physically unable to stand trial.
(f) Any period of delay resulting from a continuance granted by any
court motu propio or on motion of either the accused for the same offense,
any period of delay from the date the charge was dismissed to the date the
time limitation would commence to run as to the subsequent charge had
there been no previous charge.
shall be considered by a court in determining whether to grant a continuance under
subparagraph (f) of Section 9 hereof:
(a) Whether or not the failure to grant a continuance in the proceeding
would be like to make a continuation of such proceeding impossible, or
result in a miscarriage of justice; and
 (b) Whether or not the case taken as a whole is so novel, unusual and
complex, due to the number of accused or the nature of the prosecution or
otherwise, that it is unreasonable to expect adequate preparation within the
periods of time established herein.
No continuance under subparagraph (f) Section 9 hereof shall be granted
because of congestion of the court’s calendar, or lack of diligent preparation
or failure to obtain available witnesses on the part of the public prosecutor.
Sec. 11. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL. — If the accused is to be
tried again pursuant to an order of a court for a new trial, the trial shall commence within thirty
(30) days from notice of that order, except that the court retrying the case may extend such
period but not to exceed one hundred eighty (180) days from notice of said order for a new trial if
unavailability of witnesses or other factors make trial within thirty (30) days impractical.
Sec. 12. PUBLIC ATTORNEY’S DUTIES WHERE ACCUSED IS IMPRISONED. — If the public
attorney assigned to defend a person charged with a crime knows that the latter is preventively
detained, either because he is charged with a bailable crime and has no means to post bail, or is
charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution:
(a) The public attorney shall promptly undertake to obtain the presence of
the prisoner for trial, or cause a notice to be served on the person having
custody of the prisoner requiring such person to so advise the prisoner of
his right to demand trial.
(b) Upon receipt of that notice, the person having custody of the prisoner
shall promptly advise the prisoner of the charge and of his right to demand
trial, If at any time thereafter the prisoner informs his custodian that he
demands such trial, the latter shall cause notice to that effect to be sent
promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to
obtain the presence of the prisoner for trial.
(d) When the person having custody of the prisoner receives from the public
attorney a properly supported request for the availability of the prisoner for
purposes of the trial, the prisoner shall be made available accordingly.
Sec. 13. SANCTIONS. — In any case in which private counsel for the accused, the public
attorney or the public prosecutor:
(a) knowingly allows the case to be set for trial without disclosing the fact
that a necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he knows is totally
frivolous and without merit;
(c) makes a statement for the purpose of obtaining continuance which he
know to be false and which is material to the granting of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification consistent
with the provisions hereof, the court may punish any such counsel, attorney
or prosecutor, as follows:
(1) in the case of a counsel privately retained in
connection with the defense of an accused, by
imposing a fine of not exceeding twenty thousand
pesos (P20,000.00);
(2) by imposing on any appointed counsel de oficio,
public attorney or public prosecutor a fine not
exceeding five thousand pesos (P5,000.00); and
(3) by denying any defense counsel or public
prosecutor the right to practice before the court
considering the case for a period not exceeding thirty
(30) days.
The authority to punish provided for by this section shall be without prejudice to any appropriate
criminal action or any other sanction authorized under the Rules of Court.
Sec. 14. REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE TIME
LIMIT. — If the accused is not brought to trial within the time limit required by Sections 2 and 6
hereof, as extended by Section 7, the information may be dismissed on motion of the accused
on the ground of denial of his right to speedy trial. The accused shall have the burden of proving
such motion by the prosecution shall have the burden of going forward with the evidence in
connection with the exclusion of time under Section 9 hereof. The dismissal shall be subject to
the rules on double jeopardy.
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to
dismiss under this section.
Sec. 15. REPUBLIC ACT NO 8493 NOT A BAR TO PROVISION ON SPEEDY TRIAL IN THE
CONSTITUTION. — No provision of Republic Act No. 8493 shall be interpreted as a bar to any
charge of denial of speedy trial as provided by Article III, Section 14(2), of the 1987 Constitution.
Sec. 16. EFFECTIVITY. — This Circular shall be published in two (2) newspapers of general
circulation and shall take effect on September 15, 1998
PRESIDENTIAL DECREE No. 1606 December 10, 1978
REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE
KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSES
WHEREAS, the new Constitution declares that a public office is a public trust and ordains that
public officers and employees shall serve with the highest degree of responsibility, integrity,
loyalty and efficiency and shall remain at all times accountable to the people;
WHEREAS, to attain the highest norms of official conduct required of public officers and
employees, Section 5, Article XIII of the New Constitution provides for the creation of a special
court to be known as Sandiganbayan;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers in me vested by the Constitution, do hereby order and decree as follows:
Section 1. Sandiganbayan; composition; qualifications; tenure; removal and composition. A
special court, of the same level as the Court of Appeals and possessing all the inherent powers
of a court of justice, to be known as the Sandiganbayan is hereby created composed of a
Presiding Justice and eight Associate Justices who shall be appointed by the President.
No person shall be appointed Presiding Justice or Associate Justice of the Sandiganbayan;
unless he is a natural-born citizen of the Philippines, at least 40 years of age and for at least ten
years has been a judge of a court of record or been engaged in the practice of law in the
Philippines or has held office requiring admission to the bar as a pre-requisite for a like period.
The Presiding Justice shall be so designated in his commission and the other Justices shall
have precedence according to the dates of their respective commissions, or, when the
commissions of two or more of them shall bear the same date, according to the order in which
their commissions have been issued by the President.
The Presiding Justice and the Associate Justices shall not be removed from office except on
impeachment upon the grounds and in the manner provided for in Sections 2, 3 and 4 of Article
XIII of the 1973 Constitution.
The Presiding Justice shall receive an annual compensation of P60,000.00 and each Associate
Justice P55,000.00 which shall not be diminished during their continuance in office. They shall
have the same rank, privileges and other emoluments, be subject to the same inhibitions and
disqualifications, and enjoy the same retirement and other benefits as those provided for under
existing laws of the Presiding Justice and Associate Justices of the Court of Appeals.
Whenever the salaries of the Presiding Justice and the Associate Justices of the Court of
Appeals are increased, such increases in salaries shall be correspondingly extended to and
enjoyed by the Presiding Justice and the Associate Justices of the Sandiganbayan.
They shall hold office until they reach the age of 65 years or become incapacitated to discharge
the duties of their office.
Section 2. Official Station; Place of Holding Sessions. The Sandiganbayan shall have its
principal office in the Metro Manila area and shall hold sessions thereat for the trial and
determination of all cases filed with it irrespective of the place where they may have arisen;
Provided, however, that the Presiding Justice may authorize any division or divisions of court to
hold sessions at any time and place outside Metro Manila to hear and decide cases emanating
from any of the existing judicial districts. Whenever necessary, the Sandiganbayan may require
the services of the personnel and the use of the facilities of any agency of the Government,
national or local, including the courts of first instance of the province where any of the divisions
is holding session, and those personnel of such agencies or courts shall be subject to the orders
of the Sandiganbayan.
Section 3. Divisions of the Courts; Quorum. The Sandiganbayan shall sit in three divisions of
three Justices each. The three divisions may sit at the same time.
Three Justices shall constitute a quorum for session in division; Provided, that when the required
quorum cannot be had due to the legal disqualification or temporary disability of a Justice or of a
vacancy occurring therein, the President shall, upon recommendation of the Presiding Justice,
designate any Justice of the Court of Appeals or Judge of the Court of First Instance or of the
Circuit Criminal Court of the judicial district concerned to sit temporarily therein.
Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:
(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-
Graft and Corrupt Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and employees including those employed in
government-owned or controlled corporations, embraced in Title VII of the Revised
Penal Code, whether simple or complexed with other crimes; and
(c) Other crimes or offenses committed by public officers or employees, including
those employed in government-owned or controlled corporations, in relation to their
office.
The jurisdiction herein conferred shall be original and exclusive if the offense charged is
punishable by a penalty higher than prision correccional, or its equivalent, except as herein
provided; in other offenses, it shall be concurrent with the regular courts.
In case private individuals are charged as co-principals, accomplices or accessories with the
public officers or employees including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers and employees.
Where an accused is tried for any of the above offenses and the evidence is insufficient to
establish the offense charged, he may nevertheless be convicted and sentenced for the offense
proved, included in that which is charged.
Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and jointly determined in the same
proceeding by, the Sandiganbayan, the filing of the criminal action being deemed to necessarily
carry with it the filing of the civil action, and no right to reserve the filing of such action shall be
recognized; Provided, however, that, in cases within the exclusive jurisdiction of the
Sandiganbayan, where the civil action had therefore been filed separately with a regular court
but judgment therein has not yet been rendered and the criminal case is hereafter filed with the
Sandiganbayan, said civil action shall be transferred to the Sandiganbayan for consolidation and
joint determination with the criminal action, otherwise, the criminal action may no longer be filed
with the Sandiganbayan, its exclusive jurisdiction over the same notwithstanding, but may be
filed and prosecuted only in the regular courts of competent jurisdiction; Provided, further, that,
in cases within the concurrent jurisdiction of the Sandiganbayan and the regular courts, where
either the criminal or civil action is first filed with the regular courts, the corresponding civil or
criminal action, as the case may be, shall only be filed with the regular courts of competent
jurisdiction.
Excepted from the foregoing provisions, during martial law, are criminal cases against officers
and members of the armed forces in the active service.
Section 5. Proceedings, how conducted; votes required. The unanimous vote of the three
justices in a division shall be necessary for the pronouncement of a judgment. In the event that
the three justices do not reach a unanimous vote, the Presiding Judge shall designate two other
justices from among the members of the Court to sit temporarily with them, forming a division of
five justices, and the concurrence of a majority of such division shall be necessary for rendering
judgment.
Section 6. Maximum period for termination of cases. As far as practicable, the trial of cases
before the Sandiganbayan once commenced shall be continuos until terminated and the
judgment shall be rendered within three (3) months from the date the case was submitted for
decision.
All other subordinate employees of the Sandiganbayan shall be governed by the provisions of
the Civil Service Law; Provided, that the Sandiganbayan may, by resolution en banc, remove
any of them for cause.
Section 13. Report to the President. The Sandiganbayan shall submit an annual report to the
President, including all disbursements of funds entrusted to it, within two months from the end of
the Fiscal Year.

Section 7. Form, finality and enforcement of decisions. Decisions and final orders of the
Sandiganbayan shall contain complete findings of facts on all issues properly raised before it.
A petition for reconsideration of any final order or decision maybe filed within (15) days from
promulgation or notice of the final order or judgment, and such petition for reconsideration shall
be decided within thirty (30) days from submission thereon.
Decisions and final orders shall be subject to review on certiorari by the Supreme Court in
accordance with Rule 45 of the Rules of Court. The Supreme Court shall decide any case on
appeal promptly and without the necessity of placing it upon the regular calendar. Whenever, in
any case decided, the death penalty shall have been imposed, the records shall be forwarded to
the Supreme Court, whether the accused shall have appealed or not, for review and judgment,
as law and justice shall dictate.
Section 14. Funding. There is hereby immediately appropriated the sum of Five Million Pesos
(P5,000.00) out of any funds in the National Treasury to carry out the provisions of this Decree
and thereafter to be included in the general appropriations act. The appropriations for the
Sandiganbayan shall be automatically released in accordance with a schedule submitted by the
Sandiganbayan.
Section 15. Separability of Provisions. If for any reason, any section or provision of this Decree
is declared to be unconstitutional or invalid, other sections or provisions thereof which are not
affected thereby, shall continue in full force and effect.
Section 16. Repealing Clause. This Decree hereby repeals Presidential Decree No. 1486 and
all other provisions of law, General Orders, Presidential Decrees, Letters of Instructions, rules or
regulations inconsistent herewith.

Final judgments and orders of the Sandiganbayan shall be executed and enforced in the manner Section 17. Effectivity. This Decree shall take effect immediately.
provided by law.
Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred
Section 8. Transfer of cases. As of the date of the effectivity of this decree, any case cognizable and seventy-eight.
by the Sandiganbayan within its exclusive jurisdiction where none of the accused has been
arraigned shall be transferred to the Sandiganbayan.

Section 9. Rule-making Power. The Sandiganbayan shall have the power to promulgate its own
rules of procedure and, pending such promulgation, the Rules of Court shall govern its
RULES OF THE SANDIGANBAYAN
proceedings.

Pursuant to the provisions of Section 5 of Article XIII of the Constitution of the Philippines, as
Section 10. Authority over internal affairs. The Sandiganbayan shall administer its own internal
implemented by Presidential Decree No. 1606, the Sandiganbayan hereby adopts and
affairs and may adopt such rules governing the constitution of its divisions, the allocation of
promulgates the following rules to govern the conduct of its business.
cases among them, the rotation of justices and other matters relating to its business.

RULE I
Section 11. Proceeding free of charge. All proceedings in the Sandiganbayan shall be
TITLE AND CONSTRUCTION
conducted at no cost to the complainant and/or his witnesses.

Section 1. Title of the Rules. These Rules shall be known and cited as the Rules of the
No criminal information or complaint shall be entertained by the Sandiganbayan except upon a
Sandiganbayan.
certification by the Investigating Prosecutor of the existence of a prima facie case to be
determined after a preliminary investigation conducted in accordance with applicable laws and
approved by the Chief Special Prosecutor. Section 2. Construction. These Rules shall be liberally construed in order to promote their
objectives and to achieve a just, expeditious and inexpensive determination of every action and
proceeding before the Sandiganbayan.
Section 12. Administrative personnel. The Sandiganbayan shall reelect and appoint such
personnel as it may deem necessary to discharge its functions under this Decree including a
Clerk of Court and three (3) Deputy Clerks of Court who shall be members of the Bar. RULE II

The Clerk of Court shall have an annual compensation of P36,000.00 and the Deputy Clerks of CONTROL OF FUNCTIONS AND SUCCESSION
Court, P30,000.00.
Section 1. Exclusive Control. Except as otherwise provided by the Constitution and Presidential
Decree No. 1606, the Sandiganbayan shall have exclusive control, direction and supervision of
all matters pertaining to its internal affairs and the operation of its business.
Section 2. Succession in the Office of the Presiding Justice. In case of vacancy in the position of
Presiding Justice of the Sandiganbayan or his temporary incapacity to exercise the powers and
perform the duties of his office, the same shall devolve upon the qualified most senior Associate
Justices until such incapacity is removed or another Presiding Justice is appointed and has duly
qualified.
RULE III
COMPOSITION OF DIVISIONS
Section 1. How Divisions Constituted. The Sandiganbayan shall consist of three divisions which
shall be known as the First Division, Second Division, and Third Division, and shall each be
composed of Presiding Justice and the first two Associate Justices in the order of precedence as
the respective Chairmen; the next three Associate Justices in the order of precedence as the
respective senior members; and the last three Associate Justices in the order of precedence as
the respective junior members. However, until the entire complement of the Sandiganbayan
shall have been appointed and qualified, the Presiding justice and the two Associate Justices
first appointed and qualified shall constitute the First Division.
Section 2. Vacancy; How Filled. In case of any vacancy in the composition of a division,
whether permanent or temporary, the Presiding Justice may designate an Associate Justice of
the Court, to be determined by strict rotation on the basis of the reverse order of precedence, to
sit as a special member of said division with all the rights and prerogatives of a regular member
of said division in the trial and determination of cases assigned thereto, unless the operation of
the other divisions of the Court will be prejudiced thereby, in which case, the procedure provided
in Section 3, Rule VIII of these Rules shall apply.
RULE IV
FILING OF CASES
Section 1. Proceedings Free of Charge. All proceedings in the Sandiganbayan be conducted at
no cost to the complainant and/or his witnesses.
Section 2. Preliminary Investigation Necessary. No criminal information or complaint shall be
entertained by the Sandiganbayan except upon a certification by the investigating Prosecutor of
the existence of a prima facie case to be determined after a preliminary investigation conducted
in accordance with applicable laws and approved by the Chief Special Prosecutor.
Section 3. Where Cases Filed. All cases to be filed with the Sandiganbayan shall be filed with
the Office of the Clerk of Court of the Sandiganbayan which shall be open for the purpose of
receiving complaints, information, motions and the like from eight to twelve o'clock in the
morning and twelve thirty to four-thirty o'clock in the afternoon, on Mondays to Fridays, except
on public or special holidays.
RULE V
DISTRIBUTION AND CONSOLIDATION OF CASES
Section 1. Distribution of Cases. All cases filed with the Sandiganbayan shall be allotted among
the three divisions for hearing and decision by raffle to be conducted by a Raffle Committee
composed of the Presiding Justice and the two most senior Associate Justices available, on
such days as may hereafter be fixed by the Presiding Justice depending upon the need for such
raffle to be made in view of the number of cases filed, with notice to the interested parties who
may, if they so desire, be present therein by themselves or through counsel.
Section 2. Consolidation of Cases. Cases arising from the same incident on series of incidents,
or involving common questions of fact and law, may, in the discretion of Sandiganbayan, be
consolidated in only one division. Should the propriety of such consolidation appear upon the
filing of the cases concerned and before they are raffled, all such cases shall be considered as
one case for purposes of the raffle; but, should the propriety of such consolidation may be
affected upon motion of an interested party filed with the division taking cognizance of the case
to be consolidated and, if granted, consolidation shall be made in the division before which the
case with the lowest number is pending. In either case, the division in which consolidation is
effected shall be entitled to be credited in the distribution of cases with the same number of
cases transferred to it to the end that all divisions shall, as much as possible, receive more or
less the same number of cases filed with the Sandiganbayan.
Section 3. Assignment of Cases Permanent. Cases assigned to a division of the
Sandiganbayan in accordance with these Rules shall remain with said division notwithstanding
changes in the composition thereof and all matters raised therein shall be deemed to be
submitted for consideration and adjudication by any and all of the Justices who are members of
the division aforesaid at the time said matters are taken up, irrespective of whether they were or
were not members of the division at the time the case was first assigned thereto: Provided,
however, That only Justices who are members of the division at the time a case is submitted for
decision shall take part in the consideration and adjudication of said case, unless any such
member thereafter ceases to be a member of the Sandiganbayan for any reason whatsoever in
which case any Justice chosen to fill the vacancy in accordance with the manner provided in
Section 2, Rule III, of these Rules shall participate in the consideration and adjudication of said
case; Provided, lastly, that the Sandiganbayan en banc may, for special or compelling reasons,
transfer cases from one division thereof to another.
RULE VI
PROCESSES
Processes and writs of the Sandiganbayan which by their nature or by provision of existing laws
or the Rules of Court are to be issued under the signature of a Judge or a Justice shall be
signed by the Chairman of the division concerned: Provided, That if there is an urgent necessity
for the issuance thereof before the case is raffled to a division, the same shall be signed by the
Presiding Justice. In the absence of the Presiding Justice or the Chairman aforesaid, the
process or writ shall be signed by the senior Associate Justice in the Sandiganbayan or in the
divisions concerned, respectively. All other processes or writs issued upon authority of the
Sandiganbayan or a division thereof shall be signed by the Clerk of Court or, in his absence, by
the Deputy Clerk of Court of the division concerned.
RULE VII
BAIL
Section 1. How Amount Fixed; Approval. The amount of bail to be posted in cases in the
Sandiganbayan shall be fixed by the Chairman of the division thereof to which they are
assigned; and such bail may be approved by any Justice of the Sandiganbayan, but preferably
by a Justice of the division concerned: Provided, however, That where the accused is arrested,
detained or otherwise placed in custody outside the Metropolitan Manila area, any judge of the
Court of First Instance or Circuit Criminal Court may accept and approve the bail for his
appearance before the division to which his case is assigned and release him, and shall inform (b) Marking for identification of documentary or real evidence of the parties;
the division issuing the order of arrest of his action, forwarding thereto the papers in this case.
(c) Waiver of objections to admissibility of evidence;
Section 2. Condition of the Bail. The condition of the bail is that the accused shall appear and
answer the complaint or information in the division of the Sandiganbayan to which it is assigned
(d) Procedure on objections where there are multiple counsel;
or transferred for trial and submit himself to the orders and processes thereof and, after
conviction, if the case is appealed to the Supreme Court, that he will surrender himself for the
execution of such judgment as the Supreme Court may render; or, that, in case the cause is to (e) Order of presentation of evidence and arguments where there are multiple
be tried anew or remanded for a new trial, he will appear in the division to which it may be accused;
remanded and submit himself to the orders and processes thereof.
(f) Order of cross-examination where there are multiple accused; and
RULE VIII
SESSIONS AND TRIAL
(g) Such other matter as will promote a fair and expeditious termination of the trial.

Section 1. How Sessions Held. The Sandiganbayan shall for administrative purposes, sit en
banc; and, for the trial and determination of cases, sit in three divisions of three Justices each.
The three divisions may sit at the same time.
Section 2. Presiding Officer. Sessions of the Sandiganbayan en banc shall be presided by the
Presiding Justice; whereas sessions in division shall be presided by the respective Chairman of
each division. In the absence of the Presiding Justice or the Chairman of a division, as the case
may be, the Associate Justice attending the session en banc or in division who is first in the
order of precedence and able to preside, shall do so.
Section 3. Quorum. Five Justices shall constitute a quorum for sessions en banc, and three
Justices for sessions in division: Provided, That when a quorum and/or the votes required for a
resolution or decision of the Sandiganbayan, either en banc or in division, or the trial or hearing
of cases cannot be had due to the legal disqualification or temporary disability of a Justice or of
a vacancy occurring therein, the President shall, upon recommendation of the Presiding Justice,
designate any Justice of the Court of Appeals, Judge of the Court of First Instance or of the
Circuit Criminal Court to sit temporarily therein.
Section 4. Place of Holding Sessions. Sessions of the Sandiganbayan, whether en banc or in
division, shall be held in the place of its principal office in the Metropolitan Manila area where it
shall try and determine all cases filed with it irrespective of the place where they may have
arisen: Provided, however, That the Presiding Justice may authorize any division or divisions of
the Court to hold sessions at any time and place outside Metropolitan Manila to hear and decide
cases emanating therefrom. For this purpose and whenever necessary, the Sandiganbayan may
require the services of the personnel and the use of the facilities of any agency of the
Government, national or local, including the Courts of First Instance or Circuit Criminal Court of
the province or city where any of the divisions is holding session, and those personnel of such
agencies or courts shall be subject to the orders of the Sandiganbayan.
Section 5. Time of Holding Sessions. Sessions of the Sandiganbayan en banc may be called at
any time by the Presiding Justice or at the instance at least five Associate Justices. Sessions for
the trial of cases cognizable by it shall be held on such days and at such times as the divisions
thereof may, by order and upon notice to the parties concerned, fix.
Section 6. Pre-trial Inquest. After the arraignment of an accused who pleads not guilty, the
division concerned shall, without prejudice to the invocation by the accused of his constitutional
rights, direct the prosecutor and the accused and his counsel to appear before any of the
Justices thereof for a conference to consider;
After the pre-trial inquest, a pre-trial order shall be issued by the Associate Justice presiding the
conference reciting the actions and/or proceedings taken thereat, the admissions of facts made,
the documents and real evidence marked, and the agreement entered into by the parties as to
any of the matters taken up therein. Such order shall limit the issues for trial to those not
disposed of by the admissions or agreements of the parties and when entered shall blind the
parties and control the course of the action during the trial, on appeal, and in post-conviction
proceedings, unless modified by the division concerned before trial to prevent manifest injustice.
RULE IX
MOTIONS
Section 1. Motion Day. The first hours of the morning session of the divisions every Friday shall
be devoted to the hearing of motions, unless, upon motion of an interested party and for special
reasons, the division concerned shall fix another day for the hearing of any particular motion.
Section 2. Resolution on Interlocutory or Incidental Motions. Rulings on all written motions
submitted to the Sandiganbayan or any division thereof for resolution shall be reached in
consultation among the Justices participating in the consideration thereof: Provided, however,
That rulings on oral motions or on objections made in the course of the trial or hearing shall be
handed down by the Chairman of the division concerned.
RULE X
JUDGMENT
Section 1. Votes Necessary to Decide. The unanimous vote of three Justices in a division shall
be necessary for the rendition of a judgment or order. In the event that the three Justices do not
reach a unanimous vote, the Presiding Justice shall designated by raffle two Justices from
among the other members of the Sandiganbayan to sit temporarily with them forming a special
division of five Justices, and the vote of a majority of such special division shall be necessary for
the rendition of a judgment or order.
Section 2. Procedure in Deciding Cases. The conclusions of a division of the Sandiganbayan in
any case submitted to it for decision shall be reached in consultation before the case is assigned
to a Justice for the writing of the opinion of the division. Any Justice dissenting from a judgment
shall state the reasons for his dissent.

(a) Admissions of facts about which there can be no dispute;

Section 3. Maximum Period to Decide Cases. The judgment or final order of a division of the
Sandiganbayan shall be rendered within three (3) months from the date the case was submitted
for decision.
Section 4. Form of judgment and final order of a division of the Sandiganbayan shall contain
complete findings of fact and a statement of the law on all issues properly raised before it.
RULE XI
PROMULGATION OF JUDGMENT
A judgment of a division of the Sandiganbayan shall be promulgated by reading the judgment or
sentence in the presence of the accused and any Justice of the division which rendered the
same: Provided, That, if the accused is confined or detained in a place outside Metropolitan
Manila or of the city or province in which any division of the Sandiganbayan is sitting at the time
of such promulgation, the judgment may, upon delegation by the division concerned be
promulgated by any judge of the Court of First Instance or Circuit Criminal Court having
jurisdiction over the place of confinement or detention, in which event the Court so promulgating
the judgment shall have authority to accept and approve the appeal bond.
RULE XII
PETITION FOR RECONSIDERATION
Within fifteen (15) days from the promulgation or notice of a judgment or final order of a division
of the Sandiganbayan, unless said judgment or order had in the meantime otherwise attained
finality, a petition for the reconsideration thereof may be filed upon the grounds, in the form and
subject to the requirements, for motions for new trial in criminal cases under Rule 121 of the
Rules of Court, and such petition for reconsideration shall be decided within thirty (30 days from
submission thereof.
RULE XIII
REVIEW OF JUDGMENTS AND FINAL ORDERS
Section 1. Method of Review. A party may appeal from a judgment or final order of a division of
the Sandiganbayan by filing with the Supreme Court a petition for certiorari in accordance with
Rule 45 of Rules of Court and by serving a copy thereof to the Sandiganbayan.
Whenever, in any case decided, the death penalty shall have been imposed, the records shall
be forwarded to the Supreme Court, whether the accused shall have appealed or not, for review
and judgment, as law and justice shall dictate.
Section 2. Bail Pending Appeal. An accused who has been released on bail shall not committed
to jail upon conviction pending the expiration of the period for appeal or pending an appeal
seasonably taken, except when the penalty imposed is reclusion perpetua or death, in which
case, the accused may forthwith be committed to jail after promulgation of the sentence. The
division of the Sandiganbayan concerned, however, may, for good cause, cancel the bond or
increase the amount of bail and commit the accused into custody pending appeal, unless he
gives bail in the increased amount. The surely shall also be responsible for the surrender or the
accused after judgment shall have become final.
RULE XIV
PUBLICATION OF DECISIONS
With the consent of the respective writers thereof, the decisions of the Sandiganbayan may be
published in the Official Gazette in the language in which they have been originally written. The
syllabi for the decisions shall be prepared by the Clerk of Court in consultation with writers
thereof.
RULE XV
APPLICABILITY OF THE RULES OF COURT
Except as otherwise herein provided or as may hereafter be modified from time to time by the
Sandiganbayan and insofar as practicable, the Rules of Court shall govern proceedings in the
Sandiganbayan.
RULE XVI
SEAL OF THE SANDIGANBAYAN
The seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two
concentric circles as its margin, with the inscription, running from left to right, on the upper
margin of the word "Sandiganbayan" and on the lower margin of the words "Republika ng
Pilipinas"; with 16 stars, representing the existing 16 judicial districts, immediately along the
outer edge of the inner circle; and with a design at the center of a triangle, with a trisected area
composed of the national colors of white on its upper part, blue on the left and red on the right,
with the words "KATAPATAN" on the right side, "KAPANAGUTAN" on the left side, and
"KARANGALAN" on the base; a star in each corner of the triangle representing Luzon, Visayas
and Mindanao; and a bolo inside the triangle on which is superimposed a balance.
RULE XVII
SEPARABILITY CLAUSE
If, for any reason, any section or provision of these Rules shall be held to be unconstitutional or
invalid, no other section or provision thereof shall be effected thereby.
RULE XVIII
EFFECTIVITY
The Rules shall take effect upon approval.
Done in the City of Manila, this 10th day of January, in the year of Our Lord, nineteen hundred
and seventy-nine.
Republic Act No. 8249 February 5, 1997
AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN, AMENDING
FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as amended, is
hereby further amended to read as follows:
 "SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure; Removal and
Compensation. - A special court, of the same level as the Court of Appeals and
possessing all the inherent powers of a court ofjustice, to be known as the
Sandiganbayan is hereby created composed of a presiding justice and fourteen
associate justices who shall be appointed by the President."
Section 2. Section 2 of the same decree is hereby further amended to read as follows:
"SECTION 2. Official Station; Place of Holding Sessions. - The Sandiganbayan shall
have its principal office in the Metro Manila area and shall hold sessions thereat for
the trial and determination of cases filed with it: Provided, however, That cases
originating from the principal geographical regions of the country, that is, from Luzon,
Visayas or Mindanao, shall be heard in their respective regions of origin except only
when the greater convenience of the accused and of the witnesses, or other
compelling considerations require the contrary, in which instance a case originating
from one geographical region may be heard in another geographical region: Provided,
further, That for this purpose the presiding justice shall authorize any divisions of the
court to hold sessions at any time and place outside Metro Manila and, where the
interest of justice so requires, outside the territorial boundaries of the Philippines. The
Sandiganbayan may require the services of the personnel and the use of facilities of
the courts or other government offices where any of the divisions is holding sessions
and the personnel of such courts or offices shall be subject to the orders of the
Sandiganbayan."
Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.
Section 4. Section 4 of the same decree is hereby further amended to read as follows:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-
graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title
VII, Book II of the Revised Penal Code, 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 and provincial treasurers, assessors,
engineers and other provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang
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 Philippine National Police 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 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 Position Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional Commissions, without
prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade'27'and higher
under the Compensation and Position Classification Act of 1989.
"b. Other offenses orfelonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a of this
section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions corresponding to salary
grade '27' or higher, as prescribed in the said Republic Act No. 6758, or military or
PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in
the proper regional trial court, metropolitan trial court, municipal trial court and
municipal circuit trial court ' as the case may be, pursuant to their respective
jurisdiction as provided in Batas Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders or regional trial courts whether in the exercise of their
own original jurisdiction orof their appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions,
and other ancillary writs and processes in aid of its appellate jurisdiction and over
petitions of similar nature, including quo warranto, arising or that may arise in cases
filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A, issued in
1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the
Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing
rules that the Supreme Court has promulgated and may hereafter promulgate, relative
 to appeals/petitions for review to the Court of Appeals, shall apply to appeals and
petitions for review filed with the Sandiganbayan. In all cases elevated to the
Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the
Ombudsman, through its special prosecutor, shall represent the People of the
Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
"In case private individuals are charged as co-principals, accomplices or accessories
with the public officers or employees, including those employed in govemment-owned
or controlled corporations, they shall be tried jointly with said public officers and
employees in the proper courts which shall exercise exclusive jurisdiction over them.
"In case, however, the imposed penalty by the Sandiganbayan or the regional trial
court in the proper exercise of their respective jurisdictions, is death, review by the
Supreme Court shall be automatic, whether or not accused files an appeal."
Section 6. Appropriations. - The amount necessary to carry out the initial implementation of
this Act shall be charged against the current fiscal year appropriations of the Sandiganbayan.
Thereafter, such sums as may be needed for its continued implementation shall be included in
the annual General Appropriations Act.
Section 7. Transitory Provision. - This Act shall apply to all cases pending in any court over
which trial has not begun as of the approval hereof

"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal
Section 8. Separability of Provisions. - If for any reason any provision of this Act is declared
action and the corresponding civil action for the recovery of civil liability shall at all
unconstitutional or invalid, such parts or portions not affected thereby shall remain in full force
times be simultaneously instituted with, and jointly determined in, the same
and effect.
proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal
action being deemed to necessarily carry with it the filing of the civil action, and no
right to reserve the filing of such civil action separately from the criminal action shall Section 9. Repealing Clause. - All acts, decrees, general orders and circulars, or parts thereof
be recognized: Provided, however, That where the civil action had therefore been filed inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
separately but judgment therein has not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall
Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication
be transferred to the Sandiganbayan or the appropriate court, as the case may be, for
in at least two (2) newspapers of general circulation.
consolidation and joint determination with the criminal action, otherwise the separate
civil action shall be deemed abandoned."
Republic Act No. 6770 November 17, 1989
Section 5. Section 7 of the same decree is hereby further amended to read as follows:
AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE
OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSES
'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final
orders determining the merits of a case or finally disposing of the action or
proceedings of the Sandijanbayan shall contain complete findings of the facts and the Be it enacted by the Senate and House of Representatives of the Philippines in Congress
law on which they are based, on all issues properly raised before it and necessary in assembled::
deciding the case.
Section 1. Title. — This Act shall be known as "The Ombudsman Act of 1989".
"A petition for reconsideration of any final order or decision may be filed within fifteen
(15) days from promulgation or notice of the final order on judgment, and such motion
for reconsideration shall be decided within thirty (30) days from submission thereon. Section 2. Declaration of Policy. — The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.

"Decisions and final orders ofthe Sandiganbyan shall be appealable to the Supreme
Court by petition for review on certiorari raising pure questions of law in accordance
with Rule 45 of the Rules of Court. Whenever, in any case decided by the
Sandiganbayan, the penalty of reclusion perpetua, life imprisonment or death is
imposed, the decision shall be appealable to the Supreme Court in the manner
prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall be executed and enforced in the
manner provided by law.
Public office is a public trust. Public officers and employees must at all times be accountable to
the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism
and justice and lead modest lives.
Section 3. Office of the Ombudsman. — The Office of the Ombudsman shall include the
Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy for the
Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy for the Armed Forces,
and the Office of the Special Prosecutor. The President may appoint other Deputies as the
necessity for it may arise, as recommended by the Ombudsman.

"Decisions and final orders of other courts in cases cognizable by said courts under
this decree as well as those rendered by them in the exercise of their appellate
jurisdiction shall be appealable to, or be reviewable by, the Sandiganbayan in the
manner provided by Rule 122 of the Rules of the Court.
Section 4. Appointment. — The Ombudsman and his Deputies, including the Special
Prosecutor, shall be appointed by the President from a list of at least twenty-one (21) nominees
prepared by the Judicial and Bar Council, and from a list of three (3) nominees for each vacancy
thereafter, which shall be filled within three (3) months after it occurs, each of which list shall be
published in a newspaper of general circulation.
In the organization of the Office of the Ombudsman for filling up of positions therein, regional,
cultural or ethnic considerations shall be taken into account to the end that the Office shall be as
much as possible representative of the regional, ethnic and cultural make-up of the Filipino
nation.
Section 5. Qualifications. — The Ombudsman and his Deputies, including the Special
Prosecutor, shall be natural-born citizens of the Philippines, at least forty (40) years old, of
recognized probity and independence, members of the Philippine Bar, and must not have been
candidates for any elective national or local office in the immediately preceding election whether
regular or special. The Ombudsman must have, for ten (10) years or more, been a judge or
engaged in the practice of law in the Philippines.
Section 6. Rank and Salary. — The Ombudsman and his Deputies shall have the same ranks,
salaries and privileges as the Chairman and members, respectively, of a Constitutional
Commission. Their salaries shall not be decreased during their term of office.
The members of the prosecution, investigation and legal staff of the Office of the Ombudsman
shall receive salaries which shall not be less than those given to comparable positions in any
office in the Government.
Section 7. Term of Office. — The Ombudsman and his Deputies, including the Special
Prosecutor, shall serve for a term of seven (7) years without reappointment.
Section 8. Removal; Filling of Vacancy. —
(1) In accordance with the provisions of Article XI of the Constitution, the Ombudsman
may be removed from office on impeachment for, and conviction of, culpable violation
of the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust.
(2) A Deputy or the Special Prosecutor, may be removed from office by the President
for any of the grounds provided for the removal of the Ombudsman, and after due
process.
(3) In case of vacancy in the Office of the Ombudsman due to death, resignation,
removal or permanent disability of the incumbent Ombudsman, the Overall Deputy
shall serve as Acting Ombudsman in a concurrent capacity until a new Ombudsman
shall have been appointed for a full term.n case the Overall Deputy cannot assume
the role of Acting Ombudsman, the President may designate any of the Deputies, or
the Special Prosecutor, as Acting Ombudsman.
(4) In case of temporary absence or disability of the Ombudsman, the Overall Deputy
shall perform the duties of the Ombudsman until the Ombudsman returns or is able to
perform his duties.
Section 9. Prohibitions and Disqualifications. — The Ombudsman, his Deputies and the
Special Prosecutor shall not, during their tenure, hold any other office or employment. They shall
not, during said tenure, directly or indirectly practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office. They shall not be qualified to run for any office in
the election immediately following their cessation from office. They shall not be allowed to
appear or practice before the Ombudsman for two (2) years following their cessation from office.
No spouse or relative by consanguinity or affinity within the fourth civil degree and no law,
business or professional partner or associate of the Ombudsman, his Deputies or Special
Prosecutor within one (1) year preceding the appointment may appear as counsel or agent on
any matter pending before the Office of the Ombudsman or transact business directly or
indirectly therewith.
This disqualification shall apply during the tenure of the official concerned. This disqualification
likewise extends to the law, business or professional firm for the same period.
Section 10. Disclosure of Relationship. — It shall be the duty of the Ombudsman, his
Deputies, including the Special Prosecutor to make under oath, to the best of their knowledge
and/or information, a public disclosure of the identities of, and their relationship with the persons
referred to in the preceding section.
The disclosure shall be filed with the Office of the President and the Office of the Ombudsman
before the appointee assumes office and every year thereafter. The disclosures made pursuant
to this section shall form part of the public records and shall be available to any person or entity
upon request.
Section 11. Structural Organization. — The authority and responsibility for the exercise of the
mandate of the Office of the Ombudsman and for the discharge of its powers and functions shall
be vested in the Ombudsman, who shall have supervision and control of the said office.
(1) The Office of the Ombudsman may organize such directorates for administration
and allied services as may be necessary for the effective discharge of its functions.
Those appointed as directors or heads shall have the rank and salary of line bureau
directors.
(2) The Office of the Overall Deputy shall oversee and administer the operations of the
different offices under the Office of Ombudsman.t shall likewise perform such other
functions and duties assigned to it by the Ombudsman.
(3) The Office of the Special Prosecutor shall be composed of the Special Prosecutor
and his prosecution staff. The Office of the Special Prosecutor shall be an organic
component of the Office of the Ombudsman and shall be under the supervision and
control of the Ombudsman.
(4) The Office of the Special Prosecutor shall, under the supervision and control and
upon the authority of the Ombudsman, have the following powers:
(a) To conduct preliminary investigation and prosecute criminal cases within
the jurisdiction of the Sandiganbayan;
(b) To enter into plea bargaining agreements; and
(c) To perform such other duties assigned to it by the Ombudsman.
 The Special Prosecutor shall have the rank and salary of a Deputy (4) Direct the officer concerned, in any appropriate case, and subject to such
Ombudsman. limitations as it may provide in its rules of procedure, to furnish it with copies of
documents relating to contracts or transactions entered into by his office involving the
disbursement or use of public funds or properties, and report any irregularity to the
(5) The position structure and staffing pattern of the Office of the Ombudsman,
Commission on Audit for appropriate action;
including the Office of the Special Prosecutor, shall be approved and prescribed by
the Ombudsman. The Ombudsman shall appoint all officers and employees of the
Office of the Ombudsman, including those of the Office of the Special Prosecutor, in (5) Request any government agency for assistance and information necessary in the
accordance with the Civil Service Law, rules and regulations. discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents;
Section 12. Official Stations. — The Ombudsman, the Overall Deputy, the Deputy for Luzon,
and the Deputy for the Armed Forces shall hold office in Metropolitan Manila; the Deputy for the (6) Publicize matters covered by its investigation of the matters mentioned in
Visayas, in Cebu City; and the Deputy for Mindanao, in Davao City. The Ombudsman may paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due
transfer their stations within their respective geographical regions, as public interest may require. prudence: provided, that the Ombudsman under its rules and regulations may
determine what cases may not be made public: provided, further, that any publicity
issued by the Ombudsman shall be balanced, fair and true;
Section 13. Mandate. — The Ombudsman and his Deputies, as protectors of the people, shall
act promptly on complaints filed in any form or manner against officers or employees of the
Government, or of any subdivision, agency or instrumentality thereof, including government- (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and
owned or controlled corporations, and enforce their administrative, civil and criminal liability in corruption in the Government, and make recommendations for their elimination and
every case where the evidence warrants in order to promote efficient service by the Government the observance of high standards of ethics and efficiency;
to the people.
(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony
Section 14. Restrictions. — No writ of injunction shall be issued by any court to delay an in any investigation or inquiry, including the power to examine and have access to
investigation being conducted by the Ombudsman under this Act, unless there is a prima facie bank accounts and records;
evidence that the subject matter of the investigation is outside the jurisdiction of the Office of the
Ombudsman.
(9) Punish for contempt in accordance with the Rules of Court and under the same
procedure and with the same penalties provided therein;
No court shall hear any appeal or application for remedy against the decision or findings of the
Ombudsman, except the Supreme Court, on pure question of law.
(10) Delegate to the Deputies, or its investigators or representatives such authority or
duty as shall ensure the effective exercise or performance of the powers, functions,
Section 15. Powers, Functions and Duties. — The Office of the Ombudsman shall have the and duties herein or hereinafter provided;
following powers, functions and duties:
(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or
(1) Investigate and prosecute on its own or on complaint by any person, any act or unexplained wealth amassed after February 25, 1986 and the prosecution of the
omission of any public officer or employee, office or agency, when such act or parties involved therein.
omission appears to be illegal, unjust, improper or inefficient.t has primary jurisdiction
over cases cognizable by the Sandiganbayan and, in the exercise of this primary
The Ombudsman shall give priority to complaints filed against high ranking government officials
jurisdiction, it may take over, at any stage, from any investigatory agency of
and/or those occupying supervisory positions, complaints involving grave offenses as well as
Government, the investigation of such cases;
complaints involving large sums of money and/or properties.

(2) Direct, upon complaint or at its own instance, any officer or employee of the
Section 16. Applicability. — The provisions of this Act shall apply to all kinds of malfeasance,
Government, or of any subdivision, agency or instrumentality thereof, as well as any
misfeasance, and non-feasance that have been committed by any officer or employee as
government-owned or controlled corporations with original charter, to perform and
mentioned in Section 13 hereof, during his tenure of office.
expedite any act or duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties;
Section 17. Immunities. — In all hearings, inquiries, and proceedings of the Ombudsman,
including preliminary investigations of offenses, nor person subpoenaed to testify as a witness
(3) Direct the officer concerned to take appropriate action against a public officer or
shall be excused from attending and testifying or from producing books, papers,
employee at fault or who neglect to perform an act or discharge a duty required by
correspondence, memoranda and/or other records on the ground that the testimony or evidence,
law, and recommend his removal, suspension, demotion, fine, censure, or
documentary or otherwise, required of him, may tend to incriminate him or subject him to
prosecution, and ensure compliance therewith; or enforce its disciplinary authority as
prosecution: provided, that no person shall be prosecuted criminally for or on account of any
provided in Section 21 of this Act: provided, that the refusal by any officer without just
matter concerning which he is compelled, after having claimed the privilege against self-
cause to comply with an order of the Ombudsman to remove, suspend, demote, fine,
incrimination, to testify and produce evidence, documentary or otherwise.
censure, or prosecute an officer or employee who is at fault or who neglects to
perform an act or discharge a duty required by law shall be a ground for disciplinary
action against said officer;
Under such terms and conditions as it may determine, taking into account the pertinent
provisions of the Rules of Court, the Ombudsman may grant immunity from criminal prosecution
to any person whose testimony or whose possession and production of documents or other
evidence may be necessary to determine the truth in any hearing, inquiry or proceeding being
conducted by the Ombudsman or under its authority, in the performance or in the furtherance of
its constitutional functions and statutory objectives. The immunity granted under this and the
immediately preceding paragraph shall not exempt the witness from criminal prosecution for
perjury or false testimony nor shall he be exempt from demotion or removal from office.
Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to
punishment for contempt and removal of the immunity from criminal prosecution.
Section 18. Rules of Procedure. —
(1) The Office of the Ombudsman shall promulgate its rules of procedure for the
effective exercise or performance of its powers, functions, and duties.
(2) The rules of procedure shall include a provision whereby the Rules of Court are
made suppletory.
(3) The rules shall take effect after fifteen (15) days following the completion of their
publication in the Official Gazette or in three (3) newspapers of general circulation in
the Philippines, one of which is printed in the national language.
Section 19. Administrative Complaints. — The Ombudsman shall act on all complaints
relating, but not limited to acts or omissions which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or discriminatory;
(3) Are inconsistent with the general course of an agency's functions, though in
accordance with law;
(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;
(5) Are in the exercise of discretionary powers but for an improper purpose; or
(6) Are otherwise irregular, immoral or devoid of justification.
Section 20. Exceptions. — The Office of the Ombudsman may not conduct the necessary
investigation of any administrative act or omission complained of if it believes that:
(1) The complainant has an adequate remedy in another judicial or quasi-judicial body;
(2) The complaint pertains to a matter outside the jurisdiction of the Office of the
Ombudsman;
(3) The complaint is trivial, frivolous, vexatious or made in bad faith;
(4) The complainant has no sufficient personal interest in the subject matter of the
grievance; or
(5) The complaint was filed after one (1) year from the occurrence of the act or
omission complained of.
Section 21. Official Subject to Disciplinary Authority; Exceptions. — The Office of the
Ombudsman shall have disciplinary authority over all elective and appointive officials of the
Government and its subdivisions, instrumentalities and agencies, including Members of the
Cabinet, local government, government-owned or controlled corporations and their subsidiaries,
except over officials who may be removed only by impeachment or over Members of Congress,
and the Judiciary.
Section 22. Investigatory Power. — The Office of the Ombudsman shall have the power to
investigate any serious misconduct in office allegedly committed by officials removable by
impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.
In all cases of conspiracy between an officer or employee of the government and a private
person, the Ombudsman and his Deputies shall have jurisdiction to include such private person
in the investigation and proceed against such private person as the evidence may warrant. The
officer or employee and the private person shall be tried jointly and shall be subject to the same
penalties and liabilities.
Section 23. Formal Investigation. —
(1) Administrative investigations conducted by the Office of the Ombudsman shall be
in accordance with its rules of procedure and consistent with due process.
(2) At its option, the Office of the Ombudsman may refer certain complaints to the
proper disciplinary authority for the institution of appropriate administrative
proceedings against erring public officers or employees, which shall be determined
within the period prescribed in the civil service law. Any delay without just cause in
acting on any referral made by the Office of the Ombudsman shall be a ground for
administrative action against the officers or employees to whom such referrals are
addressed and shall constitute a graft offense punishable by a fine of not exceeding
Five thousand pesos (P5,000.00).
(3) In any investigation under this Act the Ombudsman may: (a) enter and inspect the
premises of any office, agency, commission or tribunal; (b) examine and have access
to any book, record, file, document or paper; and (c) hold private hearings with both
the complaining individual and the official concerned.
Section 24. Preventives Suspension. — The Ombudsman or his Deputy may preventively
suspend any officer or employee under his authority pending an investigation, if in his judgment
the evidence of guilt is strong, and (a) the charge against such officer or employee involves
dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the
charges would warrant removal from the service; or (c) the respondent's continued stay in office
may prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated by the Office of the
Ombudsman but not more than six (6) months, without pay, except when the delay in the
disposition of the case by the Office of the Ombudsman is due to the fault, negligence or petition
of the respondent, in which case the period of such delay shall not be counted in computing the (a) expedite the performance of duty;
period of suspension herein provided.
(b) cease or desist from the performance of a prejudicial act;
Section 25. Penalties. —
(c) correct the omission;
(1) In administrative proceedings under Presidential Decree No. 807, the penalties
and rules provided therein shall be applied.
(d) explain fully the administrative act in question; or

(2) In other administrative proceedings, the penalty ranging from suspension without
(e) take any other steps as may be necessary under the circumstances to
pay for one (1) year to dismissal with forfeiture of benefits or a fine ranging from Five
protect and preserve the rights of the complainant.
thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or
both at the discretion of the Ombudsman, taking into consideration circumstances that
mitigate or aggravate the liability of the officer or employee found guilty of the (4) Any delay or refusal to comply with the referral or directive of the Ombudsman or
complaint or charges. any of his Deputies, shall constitute a ground for administrative disciplinary action
against the officer or employee to whom it was addressed.
Section 26. Inquiries. —
Section 27. Effectivity and Finality of Decisions. — (1) All provisionary orders of the Office of
the Ombudsman are immediately effective and executory.
(1) The Office of the Ombudsman shall inquire into acts or omissions of a public
officer, employee, office or agency which, from the reports or complaints it has
received, the Ombudsman or his Deputies consider to be: A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman
must be filed within five (5) days after receipt of written notice and shall be entertained only on
any of the following grounds:
(a) contrary to law or regulation;

(1) New evidence has been discovered which materially affects the order, directive or
(b) unreasonable, unfair, oppressive, irregular or inconsistent with the
decision;
general course of the operations and functions of a public officer, employee,
office or agency;
(2) Errors of law or irregularities have been committed prejudicial to the interest of the
movant. The motion for reconsideration shall be resolved within three (3) days from
(c) an error in the application or interpretation of law, rules or regulations, or
filing: provided, that only one motion for reconsideration shall be entertained.
a gross or palpable error in the appreciation of facts;

(d) based on improper motives or corrupt considerations;
(e) unclear or inadequately explained when reasons should have been
revealed; or
(f) inefficient performed or otherwise objectionable.
(2) The Officer of the Ombudsman shall receive complaints from any source in
whatever form concerning an official act or omission.t shall act on the complaint
immediately and if it finds the same entirely baseless, it shall dismiss the same and
inform the complainant of such dismissal citing the reasons therefor.f it finds a
reasonable ground to investigate further, it shall first furnish the respondent public
officer or employee with a summary of the complaint and require him to submit a
written answer within seventy-two (72) hours from receipt thereof.f the answer is found
satisfactory, it shall dismiss the case.
(3) When the complaint consists in delay or refusal to perform a duty required by law,
or when urgent action is necessary to protect or preserve the rights of the
complainant, the Office of the Ombudsman shall take steps or measures and issue
such orders directing the officer, employee, office or agency concerned to:
Findings of fact by the Officer of the Ombudsman when supported by substantial evidence are
conclusive. Any order, directive or decision imposing the penalty of public censure or reprimand,
suspension of not more than one (1) month's salary shall be final and unappealable.
In all administrative disciplinary cases, orders, directives, or decisions of the Office of the
Ombudsman may be appealed to the Supreme Court by filing a petition for certiorari within ten
(10) days from receipt of the written notice of the order, directive or decision or denial of the
motion for reconsideration in accordance with Rule 45 of the Rules of Court.
The above rules may be amended or modified by the Office of the Ombudsman as the interest of
justice may require.
Section 28. Investigation in Municipalities, Cities and Provinces. — The Office of the
Ombudsman may establish offices in municipalities, cities and provinces outside Metropolitan
Manila, under the immediate supervision of the Deputies for Luzon, Visayas and Mindanao,
where necessary as determined by the Ombudsman. The investigation of complaints may be
assigned to the regional or sectoral deputy concerned or to a special investigator who shall
proceed in accordance with the rules or special instructions or directives of the Office of the
Ombudsman. Pending investigation the deputy or investigator may issue orders and provisional
remedies which are immediately executory subject to review by the Ombudsman. Within three
(3) days after concluding the investigation, the deputy or investigator shall transmit, together with
the entire records of the case, his report and conclusions to the Office of the Ombudsman.
Within five (5) days after receipt of said report, the Ombudsman shall render the appropriate when required by the Ombudsman, his Deputy or the Special Prosecutor shall render assistance
order, directive or decision. to the Office of the Ombudsman.

Section 29. Change of Unjust Laws. — If the Ombudsman believes that a law or regulation is Section 34. Annual Report. — The Office of the Ombudsman shall render an annual report of
unfair or unjust, he shall recommend to the President and to Congress the necessary changes its activities and performance to the President and to Congress to be submitted within thirty (30)
therein or the repeal thereof. days from the start of the regular session of Congress.

Section 30. Transmittal/Publication of Decision. — In every case where the Ombudsman has Section 35. Malicious Prosecution. — Any person who, actuated by malice or gross bad faith,
reached a decision, conclusion or recommendation adverse to a public official or agency, he files a completely unwarranted or false complaint against any government official or employee
shall transmit his decision, conclusion, recommendation or suggestion to the head of the shall be subject to a penalty of one (1) month and one (1) day to six (6) months imprisonment
department, agency or instrumentality, or of the province, city or municipality concerned for such and a fine not exceeding Five thousand pesos (P5,000.00).
immediate action as may be necessary. When transmitting his adverse decision, conclusion or
recommendation, he shall, unless excused by the agency or official affected, include the
Section 36. Penalties for Obstruction. — Any person who willfully obstructs or hinders the
substance of any statement the public agency or official may have made to him by way of
proper exercise of the functions of the Office of the Ombudsman or who willfully misleads or
explaining past difficulties with or present rejection of the Ombudsman's proposals.
attempts to mislead the Ombudsman, his Deputies and the Special Prosecutor in replying to
their inquiries shall be punished by a fine of not exceeding Five thousand pesos (P5,000.00).
Section 31. Designation of Investigators and Prosecutors. — The Ombudsman may utilize
the personnel of his office and/or designate or deputize any fiscal, state prosecutor or lawyer in
Section 37. Franking Privilege. — All official mail matters and telegrams of the Ombudsman
the government service to act as special investigator or prosecutor to assist in the investigation
addressed for delivery within the Philippines shall be received, transmitted, and delivered free of
and prosecution of certain cases. Those designated or deputized to assist him herein provided
charge: provided, that such mail matters when addressed to private persons or nongovernment
shall be under his supervision and control.
offices shall not exceed one hundred and twenty (120) grams. All mail matters and telegrams
sent through government telegraph facilities containing complaints to the Office of the
The Ombudsman and his investigators and prosecutors, whether regular members of his staff or Ombudsman shall be transmitted free of charge, provided that the telegram shall contain not
designated by him as herein provided, shall have authority to administer oaths, to issue more than one hundred fifty (150) words.
subpoena and subpoena duces tecum, to summon and compel witnesses to appear and testify
under oath before them and/or bring books, documents and other things under their control, and
Section 38. Fiscal Autonomy. — The Office of the Ombudsman shall enjoy fiscal autonomy.
to secure the attendance or presence of any absent or recalcitrant witness through application
Appropriations for the Office of the Ombudsman may not be reduced below the amount
before the Sandiganbayan or before any inferior or superior court having jurisdiction of the place
appropriated for the previous years and, after approval, shall be automatically and regularly
where the witness or evidence is found.
released.

Section 32. Rights and Duties of Witness. —

(1) A person required by the Ombudsman to provide the information shall be paid the
same fees and travel allowances as are extended to witnesses whose attendance has
been required in the trial courts. Upon request of the witness, the Ombudsman shall
also furnish him such security for his person and his family as may be warranted by
the circumstances. For this purpose, the Ombudsman may, at its expense, call upon
any police or constabulary unit to provide the said security.
Section 39. Appropriations. — The appropriation for the Office of the Special Prosecutor in the
current General Appropriations Act is hereby transferred to the Office of the Ombudsman.
Thereafter, such sums as may be necessary shall be included in the annual General
Appropriations Act.
Section 40. Separability Clause. — If any provision of this Act is held unconstitutional, other
provisions not affected thereby shall remain valid and binding.

Section 41. Repealing Clause. — All laws, presidential decrees, letters of instructions,
(2) A person who, with or without service or compulsory process, provides oral or
executive orders, rules and regulations insofar as they are inconsistent with this Act, are hereby
documentary information requested by the Ombudsman shall be accorded the same
repealed or amended as the case may be.
privileges and immunities as are extended to witnesses in the courts, and shall
likewise be entitled to the assistance of counsel while being questioned.
Section 42. Effectivity. — This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in three (3) newspapers of general circulation in the
(3) If a person refuses to respond to the Ombudsman's or his Deputy's subpoena, or
Philippines.
refuses to be examined, or engages in obstructive conduct, the Ombudsman or his
Deputy shall issue an order directing the person to appear before him to show cause
why he should not be punished for contempt. The contempt proceedings shall be
conducted pursuant to the provisions of the Rules of Court.

Section 33. Duty to Render Assistance to the Office of the Ombudsman. — Any officer or
employee of any department, bureau or office, subdivision, agency or instrumentality of the
Government, including government-owned or controlled corporations and local governments,