词条 | Sandiganbayan | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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|court_name = Sandiganbayan of the Philippines |native_name = Sandiganbayan |image = Sandiganbayan - Anti-Graft Court of the Philippines.svg |imagesize = 180px |caption = Seal of the Sandiganbayan |image2 = Sandiganbayan FLAG.png |imagesize2 = 180px |caption2 = Flag of the Sandiganbayan |established = |dissolved = |jurisdiction = |location = Centennial Building, Commonwealth Avenue, National Government Center, Diliman, Quezon City |coordinates = |motto = |type = Presidential appointment from the shortlist submitted by the Judicial and Bar Council |authority = Constitution of the Philippines |appealsto = Supreme Court of the Philippines |appealsfrom = |terms = |positions = 21 |website = sb.judiciary.gov.ph |chiefjudgetitle = Presiding Justice |chiefjudgename = Amparo M. Cabotaje-Tang }}{{Politics of the Philippines}} The Sandiganbayan (Filipino; {{literal translation|"People's Advocate"}}) is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees, including those in government-owned or government-controlled corporations. The special court was established by Presidential Decree No. 1486 of the 1973 Constitution. It was subsequently modified by Presidential Decree No. 1606 and by Republic Acts numbered 7975 and 8249 in the 1987 Constitution.[1][2][3][4] It is equal in rank to the Court of Appeals, and consists of fourteen Associate Justices and one Presiding Justice.[5] The Office of the Ombudsman owns exclusive authority to bring cases to the Sandiganbayan.[6] The Sandiganbayan is housed in the Centennial Building, Commonwealth Avenue, National Government Center, Diliman, Quezon City, Metro Manila. HistoryThe Sandiganbayan was established under the administration of President Ferdinand E. Marcos on June 11, 1978, by Presidential Decree No. 1486 in the 1973 Constitution. The court was equal in rank to the Regional Trial Courts (then known as the Courts of First Instance). On December 10, 1978, Presidential Decree No. 1606 elevated the ranking of the Sandiganbayan to match that of the Court of Appeals, the second-highest judicial court in the Philippines. The Sandiganbayan began operations on February 12, 1979.[7] Amendments were introduced in Republic Acts No. 7975 and No. 8249, after the EDSA Revolution in 1986, which limited the jurisdiction of the Sandiganbayan to “cases involving public officials occupying positions classified as salary grade 27 and higher.”[7] The Sandiganbayan currently sits in seven divisions of three justices each, as per R.A. No. 10660, amending R.A. No. 1606.[8] Martial LawWhen the Sandiganbayan began operations in 1979, it was composed of only one division (with Hon. Manuel R. Pamaran as Presiding Justice and two Associate Justices) and a 15-membered skeleton crew. In 1981, a second division was launched. A third division was formed on August 4, 1982.[7] The Aquino Investigation{{Main|Assassination of Benigno Aquino Jr.}}In the wake of the assassination of Benigno Aquino, Jr. in August 1983, Ferdinand Marcos submitted the case for an immediate trial to the Sandiganbayan. Marcos’ critics, who included business leaders and church leaders, claimed that the Sandiganbayan had no experience in trying a murder and demanded an appointment of an imperial prosecutor and independent judicial body instead.[9] In 1984, the 26 people accused in the assassination of Aquino were acquitted by the Sandiganbayan in a 90-page verdict. The verdict disregarded all findings of the Agrava Commission, which was appointed to investigate the assassination.[10] On June 13, 1985, the Sandiganbayan, with the aid of the commission, threw out the case against General Fabian Ver, the chief of the Armed Forces of the Philippines, together with seven other military men. The Sandiganbayan voted for the exclusion of their testimonies in that they were self-incriminatory and inadmissible as evidence. The Supreme Court upheld this decision by a vote of 10-3 in August. Ver was soon reinstated as chief of staff by Marcos on December 2.[11] Post-Martial LawThe 1987 Constitution{{Main|1987 Constitution}}On February 2, 1987, a new constitution was ratified under President Corazon Aquino. The 1987 Constitution established the separation of powers and a system of checks and balances between the executive, legislature, and judiciary branches.[12] The 1987 Constitution expanded the jurisdiction of the Sandiganbayan to include cases investigated by the Presidential Commission on Good Government (PCGG) involving ill-gotten wealth, instated by Executive Orders No. 14 and No. 14-A (main SB site & EO 14). In April 1994, Imelda Marcos and three former officials of the Ministry of Human Settlements (MHS) were indicted for the misappropriation of Php 97.9 million in MHS funds in 1985. At the same time, however, the Sandiganbayan dismissed charges against Imelda Marcos in connection with the sale of $125.9 million in Central Bank Treasury notes in the 1980s.[13] Under the 1987 Philippine Constitution and the Ombudsman Act of 1989, the Office of the Ombudsman independently monitors all three branches of the government for political corruption. Laws on Graft and Corruption in the PhilippinesLaws on graft and corruption have been in effect as early as the 1950s, before the creation of the Sandiganbayan. Graft and corruption laws govern both public officers and natural persons.[16][17] The collection of these laws is overseen by the Office of the Ombudsman. Republic Act Nos. 3019 and 1379The Anti-Graft and Corrupt Practices Act is a law which stipulates that the Philippine Government shall repress certain acts of both public officers and natural person that may constitute to graft or corruption. Acts that are subject under these laws include graft, divulging otherwise private informations, negligence in warranted requests, undue injury by a public officer to any party - private or government - in the form of unwarranted benefits or disadvantages.[14][15] In the case of unexplained accrual of wealth, R.A. No. 1379 states that a petition may be filed against any public officer who has acquired property unlawfully, be it through graft or any form of corruption. This petition should come from the Solicitor General of the Republic of the Philippines as per complaint by a taxpayer. Republic Act No. 7080Any public officer who amasses a certain amount of ill-gotten wealth (at least fifty-million pesos) through means of criminal acts - be it by himself or in connivance with other, shall be subject to reclusion perpetua or a life sentencing to death. Any accomplice shall be sentenced with the same.[16] JurisdictionTo determine whether the Sandiganbayan has jurisdiction, lawyers look into two (2) criteria, namely: the nature of the offense and the salary grade of the public official.[18] The Sandiganbayan shall have original exclusive jurisdiction over:
Provided that the accused belongs to a salary grade of 27 or higher, the Sandiganbayan has jurisdiction over:
Private individuals can also be sued in cases before the Sandiganbayan if they are alleged to be in conspiracy with the public officer.[18] The Sandiganbayan is vested with appellate jurisdiction over final judgments, resolutions or orders of the Regional Trial Court whether in the exercise of their original or appellate jurisdiction over crimes and civil cases falling within the original exclusive jurisdiction of the Sandiganbayan but which were committed by public officers below Salary Grade 27.[18] CompositionThe Sandiganbayan has a total of fifteen departments (two head offices, twelve divisions, and one Legal Research and Technical Staff) and a total of 385 authorized positions. 335 of 385 of these positions are filled.[19] Electoral procedureAccording to the Presidential Decree No. 1606, Section 1, the Presiding Justice and all Associate Justices shall be appointed by the president, as amended by Republic Act 8249.[20] Appointment of the Court Officials and other employees, however, is not dependent on the president. According to Rule II, Section 7 of the Revised Internal Rules of the Sandiganbayan, "The Supreme Court shall appoint the Clerk of Court, the Division Clerks of Court and all other personnel of the Sandiganbayan upon recommendation of the Sandiganbayan en banc chosen from a list of qualified applicants prepared in accordance with the Civil Service Law, rules and regulations."[21] QualificationsPresidential Decree No. 1606 further states that “No person shall be appointed Presiding Justice or Associate Justice of the Sandiganbayan; unless he is natural-born citizen of the Philippines, at least 40 years of age and for at lease 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.[20] JusticesDivision and RolesThe Sandiganbayan originally had three divisions that assisted the Office of the Presiding Justice, according to the Article XIII of the 1973 Constitution. The number of divisions was raised to five divisions in 1995. In 2015, through the Republic Act 10660, under the Aquino Administration, the number of divisions was expanded to seven divisions.[22] Currently, the Sandiganbayan has Office of the Presiding Justice, Office of the Clerk of Court, Legal Research and Technical Staff, seven divisions (Office of the Deputy Clerk of Court), and five other divisions namely Judicial Records Division, Administrative Division, Budget and Finance Division, Management Information System Division, Security and Sheriff Services Division. The functions and roles of these offices and divisions are:[23][20]
CasesProceduresThe Sandiganbayan holds regular sessions in its principal office in Metro Manila. Sessions may be held outside of Metro Manila when authorized by the Presiding Justice. Cases are heard either en banc or more commonly, by divisions.[24] Cases are distributed among the divisions through a raffle system. The assignment of a case to a division is permanent, regardless of changes in constitution. Justices may inhibit themselves from a case if they served as Ponente, the Member to whom the Court, after its deliberation on the merits of a case, assigns the writing of its decision or resolution in the case[25]. in the appealed decision of the lower court, or if they or their family members are personally related with the case, or for any other compelling reason. In case of inhibition or disqualification, the case will remain with the same division, but the inhibited justice will be replaced.[24] Cases may reach the Sandiganbayan either through an appeal from a Regional Trial Court or by original petition filed with the Sandiganbayan.[24] After a case is raffled to a Division, the accused party must be arraigned within thirty days. A pre-trial conference is then held to reach an agreement and issue a pre-trial order. The case is then taken to trial.[26] Following the Speedy Trial Act of 1998, no trial may exceed six months from its starting date. However, the act also allows for certain delays that are excluded from the computed time of trial, including delays caused by other related proceedings involving the accused, absence of the accused or essential witness, and mental or physical incompetence of the accused to stand trial.[27] AdjudicationCases are deemed submitted for decision after the last brief, pleading, or memorandum is filed, or after the deadline for doing so has passed. All adjudicatory action is exercised through the divisions of the Sandiganbayan. The rendition of judgment or final order is based on the unanimous vote of the three Justices in the deciding division. When the Sandiganbayan sits en banc to resolve motions and other incidents, at least eight justices must vote in order to adopt a resolution.[24] In a joint trial involving multiple cases, a joint or separate judgment may be rendered by the division. In cases involving multiple accused, the division may also render judgment for one or more of the accused by a unanimous vote.[24] If a unanimous vote cannot be reached in any case, a special division of five will be formed to decide the case by majority vote. Promulgation is done by reading the judgment aloud with the accused present along with any Justice from the deciding division. Decisions are published in the Official Gazette or the official website of the Sandiganbayan.[24] AppealsIn general, a party sentenced to any penalty lower than death, life imprisonment, or reclusion perpetua may appeal by filing a motion for reconsideration or a motion for new trial within fifteen days of promulgation of judgment. If a new trial is granted, the previous judgment will be overruled and the new judgment rendered. New trials must also not exceed six months in duration, albeit allowing for certain delays as specified in the Speedy Trial Act.[27] For civil cases, the accused party may file for a petition for a writ of certiorari with the Supreme Court. If the party files an appeal to the Supreme Court, any motion of reconsideration filed to the Sandiganbayan will be deemed abandoned.[24] If the accused party wishes to appeal from a sentence of life imprisonment or reclusion perpetua, a notice of appeal is filed with the Sandiganbayan and presented to the adverse party. In cases where the Sandiganbayan sentences the accused to death penalty, an automatic appeal follows where the Supreme Court will conduct a review of judgment before the final decision is rendered.[24] Notable casesJinggoy Estrada vs. SandiganbayanIn June 2014, plunder charges against former Philippine senator Jinggoy Estrada and several other members of Congress allegedly involved in the pork barrel scam run by Janet Lim-Napoles were filed by the Ombudsman before the Sandiganbayan. Estrada was accused of plundering ₱183 million from the Priority Development Assistance Fund.[28] Withdrawal of justicesIn December 2014, all three justices of the Sandiganbayan Fifth Division (Associate Justices Roland Jurado, Alexander Gesmundo and Ma. Theresa Dolores Estoesta) assigned to the case against Estrada inhibited themselves from the case for "personal reasons". This marked the first time in the court's history that an entire division withdrew from hearing a case. Though the justices refused to elaborate on their reasons for inhibition, the withdrawal was said to have been due to "pressure" from the public to deny Estrada's petition for bail.[29] Imelda Marcos vs. SandiganbayanIn 1991, ten counts of graft were filed against former first lady Imelda Marcos before the Sandiganbayan. Marcos was accused of creating private Swiss foundations during her time as governor of Metro Manila, between 1978 and 1984. She was also accused of violating the Anti-Graft and Corrupt Practices Act by holding financial interests in multiple private enterprises. The government has since uncovered Marcos Swiss deposits amounting to $658 million.[30] Another corruption case against Marcos involving "unlawfully acquired" art collections amounting to $24 million has been brought to the Sandiganbayan by appeals from the Presidential Commission on Good Government and the Office of the Solicitor General. The case is being handled by the Special First Division of the Sandiganbayan.[30] Delays in court proceedingsThe case against Imelda Marcos has been ongoing for over 26 years due to multiple causes of delay in court proceedings. In 2017, Marcos was absent from what was scheduled to be her last day of trial for the graft case. In the same year, the trial was reset by the Fifth Division due to the failure of the defense to present their last evidence in the case.[30] MembershipIncumbent Justices
Sandiganbayan Presiding Justices Since June 11, 1978 to Present
Sandiganbayan Justices Since June 11, 1978 to Present
See also
References1. ^{{cite web |url=http://www.lawphil.net/statutes/presdecs/pd1978/pd_1486_1978.html |title=PRESIDENTIAL DECREE No. 1486 : CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSES |author= |date=June 11, 1978 |website=lawphil.net |publisher= |access-date= |quote=}} {{refbegin}}2. ^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 3. ^REPUBLIC ACT NO. 7975 : AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, March 30, 1995. 4. ^Republic Act No. 8249 : 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., February 5, 1997. 5. ^PRESIDENTIAL DECREE NO. 1606, as amended by R.A. NO. 7975* and R.A. NO. 8249* 6. ^{{Cite journal|last=Stephenson|first=Matthew|date=July 2016|title=Specialised anti-corruption courts: Philippines|url=https://www.u4.no/publications/specialised-anti-corruption-courts-philippines/pdf|journal=U4 Brief|volume=3|pages=4|via=U4}} 7. ^1 2 {{Cite web|url=http://sb.judiciary.gov.ph/aboutsb.html|title=Sandiganbayan|last=|first=|website=http://sb.judiciary.gov.ph/|archive-url=http://sb.judiciary.gov.ph/|access-date=15 July 2018}} 8. ^{{Cite news|url=https://www.rappler.com/nation/90674-sandiganbayan-reform-aquino|title=Aquino signs law expanding Sandiganbayan to 7 divisions|last=Gutierrez|first=Natashya|date=21 April 2015|work=Rappler|access-date=15 July 2018}} 9. ^{{Cite journal|last=Malin|first=Herbert|date=February 1985|title=The Philippines in 1984: Grappling with Crisis|jstor=2644303|journal=Asian Survey|volume=25|issue=2|pages=198–205|doi=10.2307/2644303}} 10. ^{{Cite journal|last=Manning|first=Robert|date=Winter 1984|title=The Philippines in Crisis|jstor=20042190|journal=Foreign Affairs|volume=63|issue=2|pages=20|doi=10.2307/20042190}} 11. ^{{Cite journal|last=Villegas|first=Bernardo|date=February 1986|title=The Philippines in 1985: Rolling with the Political Punches|jstor=2644448|journal=Asian Survey|volume=26|issue=2|pages=127–140|doi=10.2307/2644448}} 12. ^{{Cite journal|last=Hernandez|first=Carolina|date=February 1988|title=The Philippines in 1987: Challenges of Redemocratization|jstor=2644824|journal=Asian Survey|volume=28|issue=2|pages=229–241|doi=10.2307/2644824}} 13. ^{{Cite journal|last=Reidinger|first=Jeffrey|date=February 1995|title=The Philippines in 1994: Renewed Growth and Contested Reforms|jstor=2645032|journal=Asian Survey|volume=35|issue=2|pages=209–216|doi=10.2307/2645032}} 14. ^1 {{Cite web|url=https://www.napolcom.gov.ph/images/pdf/RA1379.pdf|title=[REPUBLIC ACT NO. 1379] AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS THEREFOR|last=|first=|date=|website=napolcom|archive-url=https://www.napolcom.gov.ph/|archive-date=|dead-url=|access-date=9 July 2018}} 15. ^1 {{Cite web|url=https://www.napolcom.gov.ph/images/pdf/RA1379.pdf|title=[REPUBLIC ACT NO. 1379] AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS THEREFOR|last=|first=|date=|website=napolcom|archive-url=https://www.napolcom.gov.ph/|archive-date=|dead-url=|access-date=9 July 2018}} 16. ^{{Cite web|url=https://www.lawphil.net/statutes/repacts/ra1991/ra_7080_1991.html|title=AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER|last=|first=|date=12 July 1991|website=https://www.lawphil.net|archive-url=https://www.lawphil.net|archive-date=|dead-url=|access-date=15 July 2018}} 17. ^{{Cite web|url=https://www.dbm.gov.ph/wp-content/uploads/OPCCB/OPIF2010/JUDICIARY/SANDIGANBAYAN.pdf|title=Sandiganbayan|last=|first=|date=|website=|archive-url=|archive-date=|dead-url=|access-date=}} 18. ^1 2 {{Cite web|url=http://sb.judiciary.gov.ph/aboutsb.html|title=JURISDICTION OF SANDIGANBAYAN|last=|first=|date=|website=|archive-url=|archive-date=|dead-url=|access-date=July 9, 2018}} 19. ^{{Cite web|url=https://www.dbm.gov.ph/wp-content/uploads/NEP2016/JUDICIARY/C.pdf|title=The Judiciary : Sandiganbayan|last=|first=|date=|website=|archive-url=|archive-date=|dead-url=|access-date=}} 20. ^1 2 http://www.ombudsman.gov.ph/docs/presdecrees/Presidential_Decree_No_1606.pdf 21. ^http://www.ombudsman.gov.ph/docs/presdecrees/Revised_Internal_Rules_of_Sandiganbayan.pdf 22. ^https://www.rappler.com/nation/90674-sandiganbayan-reform-aquino 23. ^http://sb.judiciary.gov.ph/aboutsb.html 24. ^1 2 3 4 5 6 7 Supreme Court of the Philippines. "Revised Internal Rules of the Sandiganbayan." Retrieved July 9, 2018. 25. ^{{Cite web|url=https://www.lawphil.net/courts/supreme/am/am_10-4-20-sc_2010.html|title=Internal Rules of the Supreme Court|last=|first=|date=|website=|archive-url=|archive-date=|dead-url=|access-date=}} 26. ^{{Cite news|url=https://www.rappler.com/newsbreak/iq/158391-philippines-plunder-graft-trials-court-procedure|title=Plunder and graft trials: How do cases proceed in the courts?|work=Rappler|access-date=2018-07-09|language=en}} 27. ^1 {{Cite web|url=https://www.lawphil.net/statutes/repacts/ra1998/ra_8493_1998.html|title=Speedy Trial Act of 1998|last=|first=|date=February 12, 1998|website=|archive-url=|archive-date=|dead-url=|access-date=July 7, 2018}} 28. ^{{Cite news|url=http://news.abs-cbn.com/focus/09/15/17/timeline-jinggoy-estradas-pork-barrel-scam-case|title=TIMELINE: Jinggoy Estrada's pork barrel scam case|last=News|first=Arianne Merez, ABS-CBN|work=ABS-CBN News|access-date=2018-07-09|language=en-US}} 29. ^{{Cite news|url=http://newsinfo.inquirer.net/657320/pressures-saln-probe-forced-3-justices-to-inhibit-from-estrada-case-source|title=3 Sandiganbayan justices quit cases vs Jinggoy Estrada|last=Ramos|first=Marlon|access-date=2018-07-09|language=en}} 30. ^1 2 {{Cite news|url=https://www.rappler.com/nation/158613-imelda-marcos-snubs-last-day-trial-graft-switzerland|title=Imelda Marcos snubs last day of trial for 1991 graft case|work=Rappler|access-date=2018-07-09|language=en}}
External links
1 : Courts in the Philippines |
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