Sandiganbayan

Summary

The Sandiganbayan (English: Support of the Nation[2]) 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 and controlled corporations. The special court was established by Presidential Decree No. 1486. It was subsequently modified by Presidential Decree No. 1606 and by Republic Acts 7975, 8249 and 10660.[3][4][5][6][7] It is equal in rank to the Court of Appeals, and consists of fourteen Associate Justices and one Presiding Justice.[8] The Office of the Ombudsman owns exclusive authority to bring cases to the Sandiganbayan.[9]

Sandiganbayan
Sandiganbayan - Anti-Graft Court of the Philippines.svg
Seal of the Sandiganbayan
Sandiganbayan FLAG.png
Flag of the Sandiganbayan
LocationCentennial Building, Commonwealth Avenue, National Government Center, Diliman, Quezon City
Composition methodPresidential appointment from the shortlist submitted by the Judicial and Bar Council
Authorized byConstitution of the Philippines
Appeals toSupreme Court of the Philippines
Appeals fromRegional Trial Court
Number of positions21
Annual budget₱1.37 billion (2020)[1]
Websitesb.judiciary.gov.ph
Presiding Justice
CurrentlyAmparo M. Cabotaje-Tang
SinceOctober 7, 2013

The Sandiganbayan is housed in the Centennial Building, Commonwealth Avenue, National Government Center, Diliman, Quezon City, Metro Manila.

HistoryEdit

 
Sandiganbayan

The 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.[10]

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."[10]

The Sandiganbayan currently sits in seven divisions of three justices each, as per R.A. No. 10660, amending R.A. No. 1606.[11]

Martial lawEdit

When 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.[10]

Aquino investigationEdit

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.[12]

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.[13]

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.[14]

Post-martial lawEdit

1987 ConstitutionEdit

 
Corazon Aquino inauguration

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.[15]

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.[16]

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 PhilippinesEdit

Laws 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.[17] The collection of these laws is overseen by the Office of the Ombudsman.

Republic Act Nos. 3019 and 1379Edit

The Anti-Graft and Corrupt Practices Act is a law that stipulates that the Philippine Government shall repress certain acts of both public officers and the natural persons that may constitute graft or corruption. Acts that are subject under these laws include graft, divulging otherwise private information, negligence in warranted requests, undue injury by a public officer to any party – private or government – in the form of unwarranted benefits or disadvantages.[17]

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. 7080Edit

Any 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.[18]

Republic Act. No. 9184Edit

Under the Government Procurement Reform Act, public officers who commits any of the following who colludes with private individuals performs the following illegal acts in RA 9184 will suffer an imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years.

JurisdictionEdit

 
Position of the Sandiganbayan in the Philippine judicial system as presented by the Department of Budget and Management.[19]

To 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.[20]

The Sandiganbayan shall have original exclusive jurisdiction over:

  • Violation of Anti-graft and Corrupt Practices Law (RA 3019)
  • Forfeitures of Illegally Acquired Wealth (RA 1379)
  • Crimes committed by public officers namely
    • Direct, Indirect and Qualified Bribery
    • Corruption of public officials
  • Other offenses or felonies whether simple or complexed with other crimes committed in relation to their office by public officials.
  • Civil and Criminal Cases filed pursuant to and in connection with Executive Orders 1, 2, 14 & 14-A issued in 1986
  • 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.
  • Petitions for Quo Warranto arising or that may arise in cases filed or that may be filed under EO 1, 2, 14 & 14- A

Provided that the accused belongs to a salary grade of 27 or higher, the Sandiganbayan has jurisdiction over:

  • Violation of Code of Conduct and Ethical Standards (RA 6713)
  • Violation of the Plunder Law (RA 7080)
  • Violation of The Heinous Crime Law (RA 7659)
  • Violation of The Anti-Money Laundering Law when committed by a public officer (RA 9160)
  • Presidential Decree 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.
  • Presidential Decree 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.

Private individuals can also be sued in cases before the Sandiganbayan if they are alleged to be in conspiracy with the public officer.[20]

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.[20]

CompositionEdit

The 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.[21]

Electoral procedureEdit

According 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.[22]

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."[23]

QualificationsEdit

Presidential 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.[22]

JusticesEdit

Division and rolesEdit

The 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.[24] 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:[22][25]

  • Office of the Presiding Justice – Enjoy precedence over the other members of the Sandiganbayan in all official functions; implements the policies, executes the resolutions and enforces the orders of the Court en banc; performs the functions specifically vested upon him by law, rules and regulations or those implied therefrom; performs all other functions and duties inherent in his position.
  • Office of the Clerk of Court – The Clerk of Court is the administrative officer of the Sandiganbayan. He shall discharge his functions under the control and supervision of the Sandiganbayan en banc through the Presiding Justice. As administrative officer, he shall take direct charge of the administrative operations of the Sandiganbayan and exercise general supervision over its subordinate officials and employees except those belonging to the staff of the Presiding Justice and the Associate Justices. He shall assist the Presiding Justice in the formulation of programs and policies for consideration and action of the Sandiganbayan en banc. The Clerk of Court shall act as its secretariat and prepare its agenda, minutes of meetings and resolutions.
  • Legal Research and Technical Staff – Provides legal and technical assistance to the Court by conducting legal research and studies; takes charge of all legal and related matters.
  • Office of the Deputy Clerk of Court (seven divisions) – Assists the Clerk of Court in providing technical and administrative support and assistance to their particular Division of the Court; takes charge of the pre and post adjudicative matters relative to cases assigned to the First Division.
  • Judicial Records Division – Takes charge of docketing of cases; plans, implements and evaluates programs for the systematic management of judicial records; and performs other related functions. Prepares entries of judgment; issues copies of decisions, resolutions and orders; maintains a systematic filing and records keeping; and handles the Court's information system, monitoring requests for statistical data.
  • Administrative Division – Attends to the manpower development and service needs of the Court; and performs all functions relative to administrative and personnel matters. Attends to the procurement and maintenance of the properties, supplies and equipment of the Court, including the Court's physical plant Takes charge of the collection and disbursement of the Court.
  • Budget and Finance Division – Prepares and executes the budget of the Court; initiates plans and formula for more effective utilization of funds allotted to the Court; fiscalizes the agency's financial interest including disclosure of deficiencies in control needing corrections. Keeps accounting records for the Court; prepares reports required by the Department of Budget and Management, Commission on Audit and other government agencies.
  • Management Information System Division – Provides technical services related to the planning, development, implementation and maintenance of information systems; takes care of all information and communications technology requirements of the Court.
  • Security and Sheriff Services Division – In charge of the formulation of plans, implements and evaluates program for the systematic management of security of the Sandiganbayan premises, property and personnel and performs other related functions; takes charge of the formulation of systems for the effective services of Court processes and enforcement of Writs issued by the various Divisions of the Court; serves as liaison office with the various law enforcement agencies and the media regarding all court orders and processes issued by the various divisions of the Court, and other court related matters; takes custody of all accused processing their bail for their temporary liberty and/or to turn-over accused who voluntarily surrenders to the authorized detention centers; oversee that all judicial and extrajudicial proceedings are accomplished; takes charge of the formulation of effective management and implementation of all kinds of court orders or processes and writs coming from the various divisions of the Court.

CasesEdit

ProceduresEdit

The 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.[26]

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[27]. 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.[26]

Cases may reach the Sandiganbayan either through an appeal from a Regional Trial Court or by original petition filed with the Sandiganbayan.[26] 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.[28] 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.[29]

AdjudicationEdit

Cases 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.[26]

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.[26]

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.[26]

AppealsEdit

In 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.[29] 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.[26]

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.[26]

Notable casesEdit

Jinggoy Estrada vs. SandiganbayanEdit

In 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.[30]

Withdrawal of justicesEdit

In December 2014, all three justices of the Sandiganbayan Fifth Division (Associate Justices Roland Jurado, Alexander Gesmundo and Ma. Theresa Gómez-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.[31]

Imelda Marcos vs. SandiganbayanEdit

In 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.[32]

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.[32]

Delays in court proceedingsEdit

The 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.[32]

MembershipEdit

Incumbent justicesEdit

The Sandiganbayan consists of a Presiding justice and twenty associate justices. Among the current members of the Court, Efren De la Cruz is the longest-serving justice, with a tenure of 6,883 days (18 years, 308 days) as of August 15, 2022; the most recent justice to enter the court is Arthur O. Malabaguio, whose tenure began on March 4, 2022.

Justice Date of Birth Position Appointing President Incumbency
Length of service[33]
Date of Retirement (70 years old)[34] Replacing
Amparo Cabotaje-Tang (1954-11-08) November 8, 1954 (age 67)
Amparo Magabung Cabotaje
Presiding Justice Aquino October 7, 2013
(8 years, 312 days)
November 8, 2024 Villaruz, Jr
Efren De la Cruz (1954-06-18) June 18, 1954 (age 68)
Efren N. de a Cruz
Senior Associate Justice Macapagal Arroyo October 11, 2003
(18 years, 308 days)
June 18, 2024 Badoy
Rafael Lagos (1954-12-22) December 22, 1954 (age 67)
Rafael Reyes Lagos
Associate Justice Aquino May 17, 2013
(9 years, 90 days)
December 22, 2024 Cortez-Estrada
Oscar Herrera Jr (1954-05-23) May 23, 1954 (age 68)
Oscar C. Herrera Jr.
Dec 6, 2016
(5 years, 252 days)
May 23, 2024 Cotangco-Manalastas
Ma. Theresa Dolores Gómez-Estoesta (1967-03-17) March 17, 1967 (age 55)
Maria Theresa Dolores C. Gomez
January 20, 2014
(7 years, 268 days)
March 17, 2037 Cabotaje-Tang
Sarah Jane Fernandez (1969-05-14) May 14, 1969 (age 53)
Sarah Jane T. Fernandez
May 5, 2015
(7 years, 102 days)
May 14, 2039 Ong
Michael Frederick Musñgi (1965-04-14) April 14, 1965 (age 57)
Michae Frederick L. Musñgi
January 20, 2016
(6 years, 207 days)
April 14, 2035 Newly created Seat
Geraldine Faith Econg (1965-08-06) August 6, 1965 (age 57)
Gerdine Faith Abracia Econg
January 20, 2016
(6 years, 207 days)
August 6, 2035
Maria Teresa Mendóza-Arcega (1965-12-18) December 18, 1965 (age 56)
Maria Teresa V. Mendoza
January 20, 2016
(6 years, 207 days)
December 18, 2035
Karl Miranda (1957-10-09) October 9, 1957 (age 64)
Karl B. Miranda
January 20, 2016
(6 years, 207 days)
October 9, 2027
Zaldy Trespeses (1972-12-30) December 30, 1972 (age 49)
Zaldy V. Trespreses
Jan 20, 2016
(6 years, 207 days)
December 30, 2032
Bernelito Fernandez (1955-06-09) June 9, 1955 (age 67)
Bernelito R. Fernande
Duterte October 28, 2016
(5 years, 291 days)
June 9, 2025 Diz-Baldos
Lorifel Pahimna (1961-02-10) February 10, 1961 (age 61)
Lorifel Lacap Pahimna
March 1, 2017
(5 years, 167 days)
February 10, 2031 Inoturan
Edgardo Caldona (1970-02-12) February 12, 1970 (age 52)
Edgardo M. Cadona
March 10, 2017
(5 years, 158 days)
February 12, 2040 Hernandez
Bayani Jacinto (1969-04-30) April 30, 1969 (age 53)
Bayani H. Jacinto
May 29, 2017
(5 years, 78 days)
April 30, 2039 Jurado
Kevin Narce Vivero (1960-01-02) January 2, 1960 (age 62)
Kevin Narce B. Viviero
November 28, 2017
(4 years, 260 days)
January 2, 2030 Martires
Maryann Corpus-Mañalac (1966-07-27) July 27, 1966 (age 56)
Maryann E. Corpuz
December 8, 2017
(4 years, 250 days)
July 27, 2036 Cornejo
Georgina Hidalgo (1964-04-14) April 14, 1964 (age 58)
Georgina Dumpit Hidalgo
January 18, 2018
(4 years, 209 days)
April 14, 2034 Ponferranda
Ronald Moreno (1970-01-23) January 23, 1970 (age 52)
Ronald Bautista Moreno
June 8, 2018
(4 years, 58 days)
January 23, 2040 Gesmundo
Arthur Malabaguio (1965-01-10) January 10, 1965 (age 57)
Arthur Oliveros Maabaguio
March 4, 2022
(164 days)
January 10, 2035 Cruz
TBA Marcos, Jr. Quiroz

Shortlist of NomineesEdit

DivisionsEdit

First Division Second Division Third Division Fourth Division
Chairperson E. De La Cruz Chairperson O. Herrera, Jr. Chairperson A. Cabotaje-Tang Chairperson L. Pahimna
Members
    • G. Econg
    • E. Caldona
Members
    • A. Malabaguio
    • TBA
Members
    • M. Musñgi
    • R. Moreno
Members
    • B. Fernandez
    • B. Jacinto
Fifth Division Sixth Division Seventh Division
Chairperson E. Lagos Chairperson M. Gómez-Estoesta Chairperson S. Fernandez
Members
    • M. Mendóza-Arcega
    • K. Viviero
Members
    • K. Miranda
    • M. Corpus-Mañalac
Members
    • Z. Trespeses
    • G. Hidalgo

DemographicsEdit

By appointing PresidentEdit

President Total Percentage Justices
Aquino III 10 47.62% A. Cabotaje-Tang
R. Lagos
O. Herrera, Jr.
M. Gómez-Estoesta
G. Econg
S. Fernandez
M. Mendóza-Arcega
K. Miranda
M. Musñgi
Z. Trespeses
Duterte 9 42.86% E. Caldona
M. Corpus-Mañalac
B. Fernandez
G. Hidalgo
B. Jacinto
L. Lacap-Pahimna
A Malabaguio
R. Moreno
K. Vivero
Macapagal Arroyo 1 4.76% E. De la Cruz
Bongbong Marcos 1 0% TBA

By genderEdit

Gender Total Percentage Justices
Male 12 57.14%
C. Caldona
E. De la Cruz
O. Herrera, Jr.
B. Fernandez
B. Jacinto
A. Malabaguio
K. Miranda
R. Moreno
M. Musñgi
A. Quíroz
Z. Trespeses
K. Viviero
Female 8 38.1%
A. Cabotaje-Tang
M. Corpus-Mañalac
G. Econg
S. Fernandez
G. Hidalgo
M. Gómez-Estoesta
L. Lacap-Pahimna
M. Mendóza-Arcega

By tenureEdit

Year Total Retiring Justices
2024 4 O. Herrera, Jr.
E. de la Cruz
A. Cabotaje-Tang (Presiding Justice)
R. Lagos
2025 1 B. Fernandez
2027 1 K. Miranda
2030 1 K. Viviero
2031 1 L. Pahimna
2034 1 G. Hidalgo
2035 3 M. Musñgi
M. Mendoza-Arcega
A. Malabaguio
2036 1 M. Corpuz-Mañalac
2037 3 M. Gomez-Estoesta
S. Fernandez
G. Econg
2039 1 B. Jacinto
2040 2 R. Moreno
E. Caldona

Roll of Sandignbayan Justices (1978–present)Edit

No. Name of Sandiganbayan justices Start of term End of term Position Appointer Replacing Presiding Justice(s)
1 Manuel R. Pamaran June 11, 1978 March 31, 1986 Presiding Justice Marcos, Sr. Newly Created Seat First Presiding Justice
2 Bernardo P. Fernández June 11, 1978[i] June 11, 1981 Associate Justice Manuel R. Pamaran
3 Romeo M. Escareal June 11, 1978 March 5, 1996
4 Buenaventura J. Guerrero December 8, 1980 May 16, 1986
5 Conrado M. Molina December 8, 1980 July 18, 1992
6 Moises C. Kallos December 8, 1980 December 15, 1983
7 Ramon V. Jabson November 20, 1981 May 18, 1988
8 Fidel P. Purísima August 4, 1982 March 10, 1984
9 Francisco Z. Consolación August 4, 1982 March 10, 1984
10 Romulo S. Químbo August 4, 1982 May 16, 1986
11 Augusto M. Amores October 7, 1984 July 5, 1995
12 Amante Q. Alconcel October 7, 1984 May 16, 1986
13 Bienvenido C. Vera Cruz October 7, 1984 May 16, 1986
14 Francis E. Garchitorena April 18, 1986 January 16, 2002 Presiding Justice C. Aquino Manuel Pamaran Himself
15 Regino C. Hermosísima, Jr. May 16, 1986 July 18, 1995 Associate Justice Newly created seat Francis E. Garchitorena
16 Luciano A. Jóson May 21, 1986 March 17, 1990
17 Cipriano A. del Rosario May 22, 1986 March 15, 2001 Bernardo P. Fernandez
18 Jose S. Balajádia May 30, 1986 February 14, 1998 Moises Kailios
19 Nathanael M. Grospe December 2, 1988 January 16, 1993 Fidel Purisima
20 Sabino R. de León, Jr. March 13, 1990 October 11, 1999 Francisco Consolación
21 Narciso T. Atienza September 14, 1992 December 17, 1993 Ramos Buenaventura Guerrero
22 Minita Chico-Nazario May 10, 1993 January 16, 2002 Romulo Químbo
23 Roberto M. Lagmán November 28, 1994 February 14, 1998 Amante Alconcel
24 Harriet Demetriou August 28, 1995 February 14, 1998 Bienvenido C. Vera Cruz
25 Edilberto G. Sandóval March 11, 1996[ii] April 5, 2010 Ramon V. Jabson
26 Leonardo I. Cruz March 11, 1996 March 11, 1997 Luciano A. Jóson
27 Teresita de Castro September 8, 1997 December 15, 2004 Conrado M. Molina
28 Narciso S. Nario, Sr. September 8, 1997 January 15, 2002 Nathanael M. Grospe
29 Anacleto Bádoy, Jr. September 8, 1997 March 11, 2002 Narciso T. Atienza
30 Catalino R. Castañeda, Jr. September 8, 1997 January 15, 2002 Augusto M. Amores
31 German G. Lee, Jr. September 8, 1997 December 17, 1998 Regino C. Hermosísima, Jr.
32 Godofredo L. Legaspí September 8, 1997 September 8, 2006 Romeo M. Escareal
33 Alfredo Gustillo October 5, 1998 March 3, 1999 Estrada Leonardo I. Cruz
34 Gregory S. Ong October 5, 1998[iii] September 23, 2014 Jose S. Balajádia
35 Ricardo M. Ilarde October 7, 1998 March 3, 2001 Roberto M. Lagmán
36 Rodolfo G. Palattao October 9, 1998 March 3, 2003 Harriet Demetriou
37 Ma. Cristina Cortéz-Estrada October 19, 1998 January 14, 2009 German G. Lee, Jr.
38 Raoul V. Victorino January 31, 2000 February 15, 2005 Alfredo Gustillo
39 Nicodemo T. Ferrer January 31, 2000 February 15, 2002 Sabino R. de León, Jr.
40 Francisco Villaruz, Jr. October 2, 2001 October 5, 2011 Macapagal-Arroyo Ricardo M. Ilarde
22 Minita V. Chico-Nazario January 16, 2002 February 10, 2004 Presiding Justice Francis Garchitorena Herself
41 Diosdado M. Peralta June 14, 2002 March 28, 2008 Associate Justice Cipriano A. del Rosario Minita V. Chico-Nazario
42 Norberto Y. Geraldez January 21, 2003 February 28, 2010 Narciso S. Nario, Sr.
43 Roland B. Jurado October 3, 2003 February 1, 2017 Catalino R. Castañeda, Jr.
44 Efren N. de la Cruz October 10, 2003 incumbent Minita Chico-Nazario
45 Teresita V. Díaz-Baldos October 17, 2003 July 22, 2016 Nicodemo T. Ferrer
46 José R. Hernández March 9, 2004 November 22, 2016 Anacleto Bádoy, Jr.
47 Rodolfo A. Ponferrada August 23, 2004 September 13, 2017 Rodolfo G. Palattao
27 Teresita J. Leonardo-de Castro December 15, 2004 December 3, 2007 Presiding Justice Minita V. Chico-Nazario Herself
48 Alexander G. Gesmundo October 15, 2005 August 14, 2017 Associate Justice Teresita J. Leonardo-de Castro Teresita J. Leonardo-de Castro
49 Samuel R. Martires October 15, 2005 March 2, 2017 Raoul V. Victorino
41 Diosdado M. Peralta March 28, 2008 January 14, 2009 Presiding Justice Teresita J. Leonardo-de Castro Himself
50 Napoleón E. Inoturan April 4, 2008 August 1, 2016 Associate Justice Godofredo L. Legaspí Diosdado M. Peralta
51 Alex L. Quíroz December 11, 2008 incumbent Diosdado Peralta
37 Ma. Cristina Cortéz-Estrada January 14 2009 February 27, 2010 Presiding Justice Diosdado M. Peralta Herself
42 Norberto Y. Geraldez February 28, 2010 April 4, 2010 Ma. Cristina Cortéz-Estrada Himself
25 Edilberto G. Sandoval April 5, 2010 October 4, 2011 Norberto Y. Geraldez Herself
52 Ma. Cristina J. Cornejo May 1, 2010 March 1, 2017 Associate Justice Ma. Cristina Cortéz-Estrada Edilberto G. Sandoval
53 Rafael R. Lagos December 9, 2010 incumbent Justice Aquino III Norberto Y. Geraldez
40 Francisco H. Villaruz, Jr. October 5, 2011 June 8, 2013 Presiding Justice Edilberto G. Sandoval Himself
54 Oscar C. Herrera, Jr. April 26, 2011 incumbent Associate Justice Edilberto G. Sandóva Francisco H. Villaruz, Jr.
55 Amparo M. Cabotaje-Tang June 11, 2012 October 7, 2013 Francisco H. Villaruz, Jr.
October 7, 2013 Incumbent Presiding Justice Herself
56 Ma. Theresa C. Gómez-Estoesta June 20, 2014 incumbent Associate Justice Amparo M. Cabotaje-Tang Amparo M. Cabotaje-Tang
57 Sarah Jane T. Fernández May 5, 2015 incumbent Gregory S. Ong
58 Michael Frederick Musngi January 20, 2016 incumbent Newly Creted Seats
59 Reynaldo P. Cruz January 20, 2016 February 21, 2020
60 Geraldine Faith A. Econg January 20, 2016 incumbent
61 Ma. Theresa V. Mendóza-Arcega January 20, 2016 incumbent
62 Karl B. Miranda January 20, 2016 incumbent
63 Zaldy V. Trespeses January 20, 2016 incumbent
64 Bernelito R. Fernandez October 28, 2016 incumbent Duterte Teresita V. Díaz-Baldos
65 Lorifel L. Pahimna March 1, 2017 incumbent Napoleón E. Inoturan
66 Edgardo M. Caldona March 10, 2017 incumbent José R. Hernández
67 Bayani H. Jacinto May 29, 2017 incumbent Roland B. Jurado
68 Kevin Narce B. Vivero November 28, 2017 incumbent Samuel R. Martires
69 Maryann E. Corpus-Mañalac December 8, 2017 incumbent Samuel R. Martires
70 Georgina D. Hidalgo January 18, 2018 incumbent Rodolfo A. Ponferrada
71 Ronald B. Moreno June 8, 2018 incumbent Alexander G. Gesmundo
72 Arthur O. Malabaguio May 24, 2021 incumbent Reynaldo Cruz

The rule of seniorityEdit

The Associate Justices of the Court are usually ordered according to the date of their appointment. There are no official ramifications as to this ranking, although the order determines the seating arrangement on the bench and is duly considered in all matters of protocol. Within the discretion of the Court, the ranking may also factor into the composition of the divisions of the Court.

The incumbent Justice with the earliest date of appointment is deemed the Senior Associate Justice. The Senior Associate Justice has no constitutional or statutory duties, but usually acts as Acting Presiding Justice during the absence of the Presiding Justice. The Senior Associate Justice is not usually designated as the chairperson of the second division of the Court.

The following became Senior Associate Justices in their tenure in the Sandiganbayan:

* Appointed as Presiding Justice of the Sandiganbayan
No. Senior Associate Justice Year Appointed Tenure
1 Bernardo Fernandez 1978 1978-1981
2 Romeo Escareal 1978 1981-1996
3 Cipriano Del Rosario 1986 1996-2001
4 Minita Chico-Nazario 1993 2001-2002*
5 Edilberto Sandoval 1996 2002-2010
6 Gregory S. Ong /1998 2010-2014[iv]
7 Efren de la Cruz 2003 2014-incumbent
  1. ^ He Became the acting preising Justice upon the retirement of Presiding Justice Pmaran on March 31, 1986 until April 18, 1986
  2. ^ He Became the acting Preising Justice from February 10, 2004 to December 15, 2004, from December 4, 2007 until March 27, 2008, from erbruart 27 to 28 2010 and from April 4–5, 2010
  3. ^ He Became the acting Preising Justice from October 4–5, 2010 nd agin from June 8 to December 6, 2013
  4. ^ resigned on September 23, 2014

See alsoEdit

NotesEdit

ReferencesEdit

  1. ^ Aika Rey (January 8, 2020). "Where will the money go?". Rappler. Retrieved May 29, 2020.
  2. ^ "C. Sandiganbayan" (PDF). dbm.gov.ph. Department of Budget and Management. Archived (PDF) from the original on September 30, 2020. Retrieved September 30, 2020.
  3. ^ "PRESIDENTIAL DECREE No. 1486 : CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSES". lawphil.net. June 11, 1978.
  4. ^ "P.D. No. 1606". www.lawphil.net.
  5. ^ 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.
  6. ^ 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.
  7. ^ "Republic Act No. 10660". lawphil.net. Retrieved November 8, 2021.
  8. ^ "PRESIDENTIAL DECREE NO. 1606, as amended by R.A. NO. 7975* and R.A. NO. 8249*" (PDF).
  9. ^ Stephenson, Matthew (July 2016). "Specialised anti-corruption courts: Philippines". U4 Brief. 3: 4 – via U4.
  10. ^ a b c "Sandiganbayan". sb.judiciary.gov.ph. Retrieved July 15, 2018.
  11. ^ Gutierrez, Natashya (April 21, 2015). "Aquino signs law expanding Sandiganbayan to 7 divisions". Rappler. Retrieved July 15, 2018.
  12. ^ Malin, Herbert (February 1985). "The Philippines in 1984: Grappling with Crisis". Asian Survey. 25 (2): 198–205. doi:10.2307/2644303. JSTOR 2644303.
  13. ^ Manning, Robert (Winter 1984). "The Philippines in Crisis". Foreign Affairs. 63 (2): 392–410. doi:10.2307/20042190. JSTOR 20042190.
  14. ^ Villegas, Bernardo (February 1986). "The Philippines in 1985: Rolling with the Political Punches". Asian Survey. 26 (2): 127–140. doi:10.2307/2644448. JSTOR 2644448.
  15. ^ Hernandez, Carolina (February 1988). "The Philippines in 1987: Challenges of Redemocratization". Asian Survey. 28 (2): 229–241. doi:10.2307/2644824. JSTOR 2644824.
  16. ^ Reidinger, Jeffrey (February 1995). "The Philippines in 1994: Renewed Growth and Contested Reforms". Asian Survey. 35 (2): 209–216. doi:10.2307/2645032. JSTOR 2645032.
  17. ^ a b "[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" (PDF). napolcom. Retrieved July 9, 2018.
  18. ^ "AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER". The LawPhil Project. July 12, 1991. Retrieved July 15, 2018.
  19. ^ "Sandiganbayan" (PDF).
  20. ^ a b c "JURISDICTION OF SANDIGANBAYAN". Retrieved July 9, 2018.
  21. ^ "The Judiciary : Sandiganbayan" (PDF).
  22. ^ a b c "Presidential decree" (PDF). www.ombudsman.gov.ph. Retrieved December 26, 2019.
  23. ^ "Internal rules" (PDF). www.ombudsman.gov.ph. Retrieved December 26, 2019.
  24. ^ "Aquino signs law expanding Sandiganbayan to 7 divisions".
  25. ^ "About".
  26. ^ a b c d e f g h Supreme Court of the Philippines. "Revised Internal Rules of the Sandiganbayan." Retrieved July 9, 2018.
  27. ^ "Internal Rules of the Supreme Court".
  28. ^ "Plunder and graft trials: How do cases proceed in the courts?". Rappler. Retrieved July 9, 2018.
  29. ^ a b "Speedy Trial Act of 1998". February 12, 1998. Retrieved July 7, 2018.
  30. ^ Merez, Arianne. "TIMELINE: Jinggoy Estrada's pork barrel scam case". ABS-CBN News. Retrieved July 9, 2018.
  31. ^ Ramos, Marlon. "3 Sandiganbayan justices quit cases vs Jinggoy Estrada". Retrieved July 9, 2018.
  32. ^ a b c "Imelda Marcos snubs last day of trial for 1991 graft case". Rappler. Retrieved July 9, 2018.
  33. ^ "SANDIGANBAYAN INCUMBENT JUSTICES". sb.judiciary.gov.ph. Retrieved March 27, 2022.
  34. ^ "Article VIII, Sec. 11 of the Constitution of the Philippines". Retrieved August 6, 2021.

SourcesEdit

  • About the Sandiganbayan

External linksEdit

  • Sandiganbayan – Official Website
  • Sandiganbayan – Chan Robles Virtual Law Library – Information on the Sandiganbayan