JURISDICTION OF SANDIGANBAYAN
The jurisdiction of the Sandiganbayan is perhaps one of the most often amended provision from the 1973
Constitution to RA 8249 of 1997. Before RA 8249, jurisdiction of the Sandiganbayan was determined on the basis
of the penalty imposable on the offense charged. Then, it was amended such that regardless of the penalty, so long
as the offense charged was committed by a public officer, the Sandiganbayan was vested with jurisdiction. Under
RA 8249, to determine whether the Sandiganbayan has jurisdiction, lawyers must look into two (2) criteria,
namely:
The nature of the offense and The salary grade of the public official.
Thus, Sec.4 of RA 8249 provides that the Sandiganbayan shall have original exclusive jurisdiction over:
I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law);
II.) RA 1379 (Forfeiture of Illegally Acquired Wealth);
III.) Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII, Bk. II of the RPC (Crimes committed
by Public Officers) namely:
a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985;
b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985;
c) Qualified Bribery under Art. 211-A as amended by RA 7659, Dec. 13, 1993;
d) Corruption of public officials under Art. 212
where one or more of the accused are officials occupying the following positions in the government whether in a
permanent, acting or interim capacity, at the time of the commission of the offense:
1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified
as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 Republic Act No. 6758)
specifically including:
a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, provincial treasurers,
assessors, engineers and other provincial department heads;
b) City mayors, vice-mayors, members of the sangguniang panglungsod, city treasurers, assessors, engineers
and other department heads;
c) Officials of the diplomatic service occupying the position of consul and higher;
d) Philippine Army and Air force colonels, naval captains and all officers of higher rank;
e) Officers of the PNP while occupying the position of Provincial Director and those holding the rank of Senior
Superintendent or higher;
f) City and provincial prosecutors and their assistants; officials and the prosecutors in the Office of the
Ombudsman and special prosecutor ;
g) President, directors or trustees or managers of government owned or controlled corporations, state
universities or educational institutions or foundations;
2) Members of Congress and Officials thereof classified as Grade 27 and up under the Compensation and
Classification Act of 1989;
3) Members of the Judiciary without prejudice to the provision of the Constitution;
4) Chairmen and members of Constitutional Commissions, without prejudice to the provision of the Constitution;
5) All other national and local officials classified as Grade 27 and higher under the Compensation and Position
Classification Act of 1989.
IV.) Other offenses or felonies whether simple or complexed with other crimes committed in relation to their office
by the public officials and employees mentioned above;
V.) Civil and Criminal Cases filed pursuant to and in connection with EO 1, 2, 14 & 14-A issued in 1986
VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari, habeas corpus, injunction and other
ancillary writs and processes in aid of its appellate jurisdiction; Provided, jurisdiction is not exclusive of the
Supreme Court
VII.) Petitions for Quo Warranto arising or that may arise in cases filed or that may be filed under EO 1, 2, 14 & 14-
A
VIII.) OTHERS provided the accused belongs to SG 27 or higher:
a.) Violation of RA 6713 - Code of Conduct and Ethical Standards
b.) Violation of RA 7080 - THE PLUNDER LAW
c.) Violation of RA 7659 - The Heinous Crime Law
d.) RA 9160 - Violation of The Anti-Money Laundering Law when committed by a public officer
e.) PD 46 referred to as the gift-giving decree which makes it punishable for any official or employee to receive
directly or indirectly and for the private person to give or offer to give any gift, present or other valuable thing on
any occasion including Christmas, when such gift, present or valuable thing is given by reason of his official
position, regardless of whether or not the same is for past favors or the giver hopes or expects to receive a favor or
better treatment in the future from the public official or employee concerned in the discharge of his official
functions. Included within the prohibition is the throwing of parties or entertainment in honor of the official or
employee or his immediate relatives.
f.) PD 749 which grants immunity from prosecution to any person who voluntarily gives information about any
violation of Art.210, 211 or 212 of the RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of the Customs and Tariff Code
and other provisions of the said Codes penalizing abuse or dishonesty on the part of the public officials concerned
and other laws, rules and regulations penalizing graft, corruption and other forms of official abuse and who
willingly testifies against the public official or employee subject to certain conditions.
It should be noted that private individuals can be sued in cases before the Sandiganbayan if they are alleged to be
in conspiracy with the public officer.
The Sandiganbayan is vested with Appellate Jurisdiction over final judgments, resolutions or orders of the RTC
whether in the exercise of their original or appellate jurisdiction over crimes and civil cases falling within the
original exclusive jurisdiction of the Sandiganbayan but which were committed by public officers below Salary
Grade 27.
