Republic of the Philippines

Department of Social Welfare and Development

f,wj IBP Road, Batasan Pambansa Complex, Constitution Hills, Quezon City 1126
Telephone Nos. (632) 931-8101 to 07;Teletax (632) 931-8191
E-mail: osec@dswd,gov"ph
Website: http:/fuww.dswd.govph

MEMORANDUM CIRCULA{{. NO. I}3

Series of2011

SUB}ECT: REVISED OPERATIONAT GUIDELINES FOR THE

DEPARTMENT'S ANTI-GRAFT AND ANTI-CORRUPTION COMMITTEE

1..0 oBIECTTVE:

To have a uniform and standard guidelines for the AG/AC

Committee(s) regarding the disposition of graft and corruption cases in
the Department of Social Welfare and Development and its attached
agencies.

2.0 TEGAL BASIS

Article XI of the 1987 Constitution on the Accountability of

Sec. L,
Public Officers provides that, "Public office is a public trust. Public officers
and employees must at sll times be accountable to the people, sente them uith the
utmost responsibility, integrity, loyalty, and efficiency, act roith patriotistt and
justice and lead modest littes."

3.0 COVERAGE

The guidelines shall be appiicable to all officials and employees of

the Department in the Central Office, as well as in the various Field
Offices, and also in the attached agencies.

4.0 DEFINITION OF TERM

Probable cause - the existence of such facts and circumstances as would

excite the belief, in a reasonable mind, acting on the facts within the
knowledge of the prosecution, that the person charged was guilty of the
offense for which he was prosecuted
5.0 COMPOSITION:

5.1 For the Central Office, the Anti-Graft and Anti-Corruption

Committee shall be chaired by the Resident Ombudsman, unless a
Staff of the Office of the Ombudsman is detailed to the
Department to act as suctU and Vice-chaired by the Director of
the Internal Audit Service with the following members:

a.) Director of the Financial Management Service

b.) Division Chief of the Legal Service
c.) SWEAP President
d.) OCBG Representative (Director Level) to be
recommended and designated by the
Undersecretary for OCBG
e.) PPG Representative (Director Level) to be
recommended and designated by the
Undersecretary for PPG

The Internal Audit Service will act as Secretariat.

The Committee shall conduct Fact-Finding Investigations for

complaints involving graft and corruption. If necessary, it may create a
Technical Working Group (TWG) to assist in its
fact-finding
investigations. The TWG shall be composed of one representative each
from the GASSG, OCBG and PPG Cluster, to be recommended and
designated by the Cluster's Undersecretaries.

5.2 For the Field Office, the Anti-Graft and Anti-Corruption

Committee shall be chaired by the Assistant Regional Director with the
following as members:

a.) Division Chief of Management Division

b.) Retainer Lawyer
c.) SWEAP Representative
d.) Management Audit Analyst

The Management Audit Analyst will act as Secretariat.

A member of the Committee must be of proven competence,

integrity, honesty and objectivity.

The presence of at least three (3) members shall constitute a quorum

to do business and shall be governed by a majority vote of all the
members constifuting a quorum, except in the case of amendments to or
revision of the guidelines.
6.0 BASES FOR ACTION:

1. Signed letter

- the anomaly or irregularity must be specifically described

and the person(s) involved must be identified;

2- Printed Articles alleging acts of graft and corruption;

3. Reports of employees submitted in the course of regular and

official function;

4. Audit reports of the Commission on Audi!

5. Referrals made by other offices and publics for investigation.

7.0 HOW INSTITUTED:

7.1, Written complaints including anonymous complaints, petitions

andf or reports including text messages may be filed by any person/
whether an employee or not of the Department, either personally or by
mail to the Central Office or any of the Field Offices.

7.2 In case of press releases, radio and television commentaries, the

Committee concerned on motion of any parry or on its own initiative,
shall conduct the necessary inquiry to determine the probability as to
warrant the conduct of a formal investigation.

8.0 FACT-FINDING PROCEDURE

The Procedure to be observed shall be the Guidelines in the

Conduct of Fact-Finding Investigation (Memorandum Circular No. 16,
Series of 2003).

9.0 REPORT

Within five (5) days after the termination of the preliminary

investigation the committee shall forward the result of the investigation to
 the Undersecretary for General Administration and Support Services
Group (GASSG) {or the Central Office and to the Regional Director for the
Field Office. If the report remains unacted upon by the Undersecretary
for GASSG for the CO or the Regional Director for FO for reasons
beyond their control, after thirty (30) days the AG/AC may forward its
investigation to the Office of the Ombudsman for criminal prosecution
and for the rest of the employees to the Legal Serwice for administrative
proceedings.

The specific cases that will be forwarded to the Office of the

Ombudsman are those provided for in Sec. 4 of Republic Act (RA) No.
8249 otherwise known as An Act Further Defining The furisdiction Of The
Sandiganbayan, Amending For The Purpose Presidential Deuee No. L606,
As Amended, Proztiding Funds Therefor, And For other Purposes, and
those enumerated in Sec. 3 of R.A. No. 3019 otherwise known as the Anti'
Graft and Coffupt Practices Act. (Attached herein is a copy of RA No.
8249 and RA 3019).

On the other hand, the report of the Resident Ombudsman, unless

aStaff of the Office of the Ombudsman is detailed to the Department
to act as such, may be directly submitted to the Office of the
Ombudsman for appropriate action if the case involves any violation of
R.A. Nos. 8249 or 3019.

1O.O EFFECTIVITY

The guidelines shall take effect immediately upon the approval of

the Secretary.

Approved this 3f4 day of Fbrua.g 2011., at Quezon City,

Philippines.

G. MONT
 "do0
KALAYAAN
PHILIPPINES 2OOO

IVIEMORAND UIVI CIRCULAR NO. /r

Series of 2003

Subjecfi GUIDELINES FOR THE CONDUCT OF FACT

FINDING INVESTIGATION
Rationale

Public office is a public trust and all goverrurrent employees are

enjoined to serve the public with utmost competence, integrify, diligence and
probity, As such the promotion of good governance and the eradication of
corruption is of utmost concern to the Department. Thuq, complaints of
alleged irregular fransactions entered into and improper conduct committed
by the employees and officials of the Department rnust be properly
investigated.

Cognizant of the need to ascertain the truth of the complaints and in

line with the complained employees/officials to be presumed innocent the
following guidelines is hereby issued in order to promote a fair and impartial
investigation of complaints that reach the Department.

Legal Basis

Art. XI, Section 3 of the Constitution provides that "Pubiic office is a public
trust. Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, competence and
efficiency, and act with patriotism and justice, and lead modest lives".'

Book IV, Chapter 2, Section 7 (c) of the Adminiskative Cod e of 1.987 provides
that the Secretary shall "exercise disciplinary powers over officers and
employees under the Secretary in accordance with law, including their
investigation and the designation of a comrnittee or officer to conduct such
investigation."

Book V, Rule IV, SectionS2 of the same Code provides that the Secretary shall
have "jurisdiction to investigate and decide matters involving disciplinary
action against officers and employees under their jurisdiction."
Book IV, Chapter 5, Section 27 (a) of the Administrative Code provides that
Regional Directors shall "appoint personnel to positions in the first level and
casual and seasonal employees, and exercise disciplinary actions over them in
accordance with Civil Service Law"
REPUBLIKA NG PILIPINAS
KAGAWARAN NG KACALINGANG PANLIPUNAN AT PAGI'APAUNLAD
d
(DEP;\RTITZIENT OF SOCIAL VVELFARE AND DEVELOPIVIENT)
ll i\T,'\Sr\ N P,\ lv1 B r\NSA CO lvI P L EX, CONSTITUTION HILLS
QUEZON ClrY
 IV,_Chapter 5, Secrion 27 (14) of this
look
Regional Directors ,,perform Code further provides that
shall such other duties and functiorr" * may
provided by law or further be
delegated by the head. of the agency
proper authorities concerned,, o, oth",
.

Section 1. De.1'nition Fact- Findi?g lnaestigatio4- It is a proceeding

seeking to
determine whether there.is sufficie"t gr;;a to engendu.
belief that u *"It founded
an
comrnitted -irregularity, or T improper conduct i, u, offense has been
and the employee and/or-officiar comprained of is probabty guilty
thereof,

Section , _ The Secretary, acting on a

complaint, request, or on her own initiativelan inifiate the conduct of a fact-
finding investi gati on.

A Regional Director may also initiate the conduct of a

investigation fact-finding
in'cases that fal within his/her j.r*ai.tron.
Section 3 _ The Secretary or the
_
Regional Director shalr, irrr" ispecial ord.,
Terignating a fact_finding
Committee composed of officers
Department who shall conduct,competent and./"or
"#pioyu"u or the
ihe fact findi.,g ir,r"rtigation
irregularity and/or misconduct The secret"ury/Regionai of a particular
, .
designate the Chairperson for the Committee.
Director may

Section 4. _ The Comrnittee is

authorized to do the followi.,g u.i-
a. Summon witnesses and take their testimonies
b. Issue subpoena duces tecum (ordering a person
to bring documents)
and ad testificandum (ordering a person
to testify)
c' Conduct ex-parte (uithout thi piesence of the
otiir party) examinations
of records, documents, book of entries und
finur,cial journaJs which are
readily available in the Department and in
other goverrunent agencies
(e.g. Commission on Audit, Bureau of
Internal Revenue, Government
Services Insurance Commission,etc.)

Section 5. Durntion qf the Inuestigation_ The

Investigation shall commence not
later than five (5) auy, fro* ttllssuance of
the special order and shall be
terminated within thirf (30 days.
)
Section 6. Miruttes of tht Inaestigahon- The Minutes of the Investigation shall
be duly recorded and transcribed. It shall be duly attested by the Chairperson
or any member of the Comrnittee. The Chairperson may designate a stalf to
provide support service to the Committee (i.e. typtng, record keeping) for the
duration of the investigation.

Section 7. Confid.entiality o.f the lnaestigation- The Commitbee shall not disclose
or make public any records or information in connection with an ongoing
investigation.

Section 8. Inaestigation Report - AJter five (5) days from the termination of the
Fact Finding Investigation the Fact-Finding Comrnittee shall subrnit a Report
to the Secretary or to the Regional Director as the case maybe.

Section 9. Contents of tht Inaestigation Re?ort - The foliowing shall be the

contents of th" R"port,

a. Narration of material fActs established in the course of the

Investigation, j

b. The findings and the evidence supporting the said findings

c. Conclusion and Recommendation

- This Guideline shall repeal Sections 8.L and 8.2

Section 10. Repealing_Clause
of Department Order No. 6 Series of 2007 with subject: Conduct of
Investigation and Disposifion of Administrative Cases in the Department

Other orders and issuances inconsistent herewith are likewise repealed

accordingly.

Section 11. Ef,fectiui4r- This Order shal1 take effect fifteen (15) days after its
filing with the Adminisfrative Register at the Universify of the Philippines
Law Center.
Issued in euezon City thls 16th d.ay of June 2003,
7^./
'/. U
g-]_RAZON JULIANO SOLIMAN
c^^-^ r^--- I
Secretary ,L
 REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section '1,. Stntement of policy.It is the policy of the Philippine Government, in line
with the principle that a public office is a public trust, to repress certain acts of
public officers and private persons alike which constitute graft or corrupt
practices or which may lead thereto.

Section 2. Definition of terms. As used in this Act, that term

(a) "Government" includes the national government, the loca1

governments, the government-owned and government-controlled
corporations, and all other instrumentalities or agencies of the Republic of
the Philippines and their branches.
\

(b) "Public officer" includes elective and appointive officials and

employees, permanent or temporary, whether in the classified or
unclassified or exempt service receiving compensation, even nominal,
' from the government as defined in the preceding subparagraph'

(c) "Receiving any gift" includes the act of accepting directiy or indirectly a
gift from a person other than,a member of the public officer's immediate
family, in behalf of himself or of any member of his family or relative
within the fourth civil degree, either by cortsanguinity or affinity/ even on
the occasion of a family celebration or national festivity like Christmas, if
the value of the gift is under the circumstances manifestly excessive.

(d) "Person" includes natural and juridical persons, unless the context
indicates otherwise.

Section 3. Corrupt practices of public officers.In addition to acts or omissions of

public officers already penalized by existinglaw, the following shall constitute
corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform

an act constituting a violation of rules and regulations duly promulgated
by competent authority or an offense in connection with the official duties
of the latter, or allowing himself to be persuaded, induced, or influenced
to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share,

percentage, or benefit, for himself or for any other person, in connection
with any contract or transaction between the Government and any other
part, wherein the public officer in his official capacity has to intervene
under the law.

(c) Directly or indirectly requesting or receivingarrygift present or other

pecuniary or material benefit, for himself or for another, from any Person
for whom the public officer, in any manner or capacit/, has secured or
obtained, or will secule or obtairy any Government permit or license, in
consideration for the hetp given or to be given, without prejudice to
Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a

private enterprise which has pending official business with him during
the pendency thereof or within one year after its termination.

(e) Causin g undue injury to any part!, including the Government, or

arry
giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or judicial
functions through manifest partiahty, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and
employees of offices or goverrunent corporations charged with the grant
of licenses or permits or other concessions.

(f) Neglecting or refusing, a{ter due demand or request, without sufficient

justification, to act within a reasonable time on any matter pending before
him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or materiai benefit or advantage,
or for the purpose of favoring his own interest or giving undue advantage
in favor of or discriminating against any other interested Party.

(g) Entering, on behalf of the Government, into any contract or transaction

manifestly and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby.

(h) Director or indirectly having financing or Pecuniary interest in any

business, contract or lransaction in connection with which he intervenes
or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having

a material interest in any transaction or act requiring the approval of a
board, panel or group of which he is a member, and which exercises
discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.
 Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel or group to which they
belong.

fi) Knowingly approving or granting any license, permit, privilege or

benefit in favor of any person not qualified for or not legally entitled to
such license, permit, privilege or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired

by his office or by him on account of his official position to unauthortzed
irersons, or releasing such inJormation in advance of its authorized
release
date.

The person giving the gift, present, share, percentage or benefit'referred to in

subparagraphs (b) and (c); or offering or giving to the public officer the
employment mentioned in subparagraph (d); or urging the divulging or
.untimely release of the confidential inJormation referred to in subparagraph (k)
of this section shall, together with the offending public officer, be punished
under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any form
with the Government.

Section 4. Prohibition on prirtate indiaiduals. (a) It dnail b" unlawful for any person
having family or close personal relation with any public official to,capitalize or
exploit or take advantage of such family or close personal relation by directly or
indirectly requesting or receiving arry present, gift or material or pecuniary
advantage from any other person having some business, transaction, applicatiory
request or contract with the government, in which such public official has to
intervehe. Family relation shall include the spouse or relatives by consanguinity
or affinity in the third civil degree. The word "close personal relation" shall
include close personal friendship, social and fraternal.connections, and
professional employment all giving rise to intimacy which assures free access to
such public officer.

(b) it shall be unlawful for any person knowingly to induce or cause any
public official to commit any of the offenses defined in Section 3 hereof.

Section 5. Prolibition on certnin relatiues,It shall be unlawful for the spouse or for
any relative, by consanguinity or affinity, within the third civil degree, of the
President of the Philippines, the Vice-President of the Philippines, the President
of the Senate, or the Speaker of the House of Representatives, to intervene,
directly or indirectly, in any business, transaction, contract or application with
the Government: Provided, That this section shall not aPPly to any Person who,
prior to the assumption of office of any of the above officials to whom he is
related, has been aiready dealing with the Government along the same line of
business, nor to any transaction, contract or application already existing or
pending at the time of such assumption of pubiic office, nor to any application
il"a Uy"nim the approval of which is not discretionary on the part of the officiai
by
or officials.or,."rr-rld but depends upon compiiance with requisites provided
1aw, or.rules or regulations issued pursuant to law, nor to any act lawfully
performed in an olfi.irl capacity or in the exercise of a profession.

section 6. Prohibition on Members of Congress. it shall be unlawful hereafter for

to
any Member o{ the Congress during the term for which he has been elected'
acquire or receive ury p"rconal pecuniary interest in any specific b-usiness
enterprise which wili be directly and particularly favored or benefited by
any
law or resolution authored by him previously approved or adopt'ed by the
Congress during the same term.

The provision of this section shall apply to any other public officer who
recommended the initiation in Congiess of the enactment or adoption of any
law
or resolution, and acquires or receives any such interest during his incumbency'

It shall likewise be unlawful for such member of Congress or other public officer,
who, having such interest prior to the approval of .such 1aw or resolution
authored or recominended by him, continues for thirty days after such approval
to retain such interest.

Sectiori 7. Statement of assets qnd liabilities. Every public officer, within thirty
days
,afterthe approval of ihls Act or after assuming oifice, and within thii month of
January of other year thereafter, as well as uPon the expiration of his term
",r"ry
of office, or upon his resignation or separation from office, shall prepare and file
with the office of the.o.rirporrding Department Head, or in the case of a Head
of Department or chief of ,n ma"p"ndent office, with the Office of the President,
or in ihe case of members of the Congress and the officials and employees
thereof, with the Office of the Secretary of the corresponding House, a true
detailed and sworn statement of assets and liabilities, including a statement of
the amounts and sources of his income, the amounts of his personal and family
expenses and the amount of income taxes paid for the next preceding calendar
year: prorrided, That public officers assuming office less than two months before
ihe end of the calendar year,may file their statements in the following months of
January.
Section 8. Dismissrtl due to unexplained ruealth.If in accordance with the provisions
of Republic Act Numbered One thousand three hundred seventy-nine, a public
official has been found to have acquired during his incumben.y, whether in his
name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income, that
fact shall be a ground for dismissal or removal. Properties in the name of the
sPouse and unmarried children of such public official may be taken into
consideration, when their acquisition through legitimate means cannot be
satisfactorily shown. Bank deposits shall be taken into consideration in the
enJorcement of this section, notwithstanding any provision of law to the
contrary.

section 9" Penalties for rtiolations. (a) Any public officer or private person
committingany of the unlawful acts or omissions enumerated in Sections3,4,5
and 6 of this Act shall be punished with imprisonment for notless than one year
nor more than ten years, perpetual disqualification from public office, and
confiscation or forfeiture in favor of the Government of any prohibited interest
and unexplained wealth manifestly out of proportion to his salary and other
lawful income"

Any complaining party at whose complaint the criminal prosecution was

initiated shall, in case of conviction of the accused, be entitled to recover in the
criminal action with priority ovei the forfeiture in favor of the Government, the
amount of money or the thing he may have givgn to the accused, or the value of
such thing

(b) Any public officer violation any of the provisions of Section 7 of this
Act shall be punished by a fine of not less than one hundred pesos nor
more than one thousand pesos, or by imprisonment not exceeding one
yeart or by both such fine and imprisonment, at the discretion of the
Court.

The violation of said section proven in a proper administrative proceeding shall

be sufficient cause for removal or dismissal of a public officer, even if no criminal
prosecution is instituted against him.

Section 10. Competent court. Until otherwise provided by law, all prosecutions
under this Act shail be within the original jurisdiction of the proper Court of First
Instance.

Section 1'1,. Prescription of offenses. All offenses punishable under this Act shall
prescribe in ten years.
Section 12. Termination of offce. No public officer sha1l be allowed to resign or
retire pending an investigation, criminal or administrative, or pending a
prosecution against him,Jor any offense under this Act or under the provisions
of the Revised Penal Code on bribery.

Section and loss of benefifs. Any public officer against whom any
1.3. Suspension
the
criminal prosecution under u.rihd information under this Act or under
shall be
provisions of the Revised Penal Code on bribery is pending in court,
shall lose
iuspended from office. should he be convicted by final judgment, he
he shall
all retirement or gratuity benefits under any law, but if he is acquitted'
he failed to
be entitled to reinstatement and to the salaries and benefits which
proceedings
receive during suspension, unless in the meantime administrative
have been filed against him'
value
Section 1.4. Exceptror. Unsolicited gifts or presents of small or insignificant
according to
offered or given as a mere ordinary token of gratitude or friendship
iocal customs oI usage, shall be excepted from the provisions of this Act'

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of

ur-ry p.o"f"rsion, lawful trade oI occuPation by any private Person
or by any
p"Ufl. officer who under the law may legitimately practice his profession, trade
t. o..rrpution, during his incumbency, except where the practice of such
or
profession , frad.e o, o..rpution inv6lves consPiracy with any other Person
public official to commit any of the violations penalizedinthis Act'

Section 15. Separability clause. If any provision of this Act or the application of
such provision to u.ry p"rron or ciicumstances is declared invalid, the
remainder
of tne Act or the appiiiation of such provision to other persons or circumstances
' shall not be affected by such declaration'

section 1.6. Effectiztity.Thts Act shall take effect on its approval, but for the
purpose of determlning unexplained wealth, all property acquired by a public
ifni.t since he assumed office shall be taken into consideration'
Approved: August 17, 1960
 REPUBLIC ACT NO. 8249

AN ACT FURTHER DEFINING THE IURISDICTION 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 snd House of epresentatiaes of the Philippines in Congress

nssemhled:

Section 1. The first paragraph of Sec. 1 of Presidential Decree No. 1606, as

amended, is hereby further amended to read as follows:

"Sec. 1.
Sandiganbayan; Composition, Qualifications; Tenure; Remoztal 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."

Sec. 2. Sec. 2 of the same decree is hereby further amended to read as follows:

ftolding Sessions. - The Sandiganbayan shall have

"Sec. 2. Official Stotion; Plnce of
its principal office in the Metro Manila area and shall hold sessions thereat for
the trial and determination of cases {iled 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, tn which instance a case
originating from one geographical region may be heard in another geographical
."gior,' Provided, futther, That for this purpose the presiding justice shal1
authorize any divisions of the court to hold sessions at any time and place
outside Metro Marrila 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 subiect to the orders of the
Sandiganbayan."

Sec. 3. The second paragraph of Sec. 3 of the same decree is hereby deleted.

Sec. 4. Sec. 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, Sec.
2,TitleVII, 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:

"(r) Provincial governors/ vice-governors, members of the sangguniang

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

the sangguniang panlungsod, city

"(b) City mayors, vice-mayors, members of
treasur€rs, assessors engineers and other city department heads;

"(c) Officiais 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; i

',(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 goverrunent-owned or -

controlled corporations, state universities or educational institutions or
foundations;

"(2) Members of Congress and officiais thereof classified as Grade'Z7'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 Constitutionai Commissions, without prejudice to

the DTOVlS1ONS of the Constitution; and
I

,,(5) A11 other national and local officials classified as Grade'27'and higher under
the Compensation and Position Classification Act of 1989.

"b. Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in sub Sec. a of this
Sec. in relation to their office.

,'c. Civil and criminal cases filed pursuant to and in connection with Executive
Order Nos. L,. 2, 1,4 and 14-A, issued in 1986'

"In cases where none of the accused are occupying positions corresponding to
salary grade '?7' 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, metropblitan frial court,
municipal trial court and municipal circuit trial court ' as the case may be,
pr.rrurrt to their respective jurisdiction as provided in Batas Pambansa B1g.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 or of their appellate jurisdiction as herein
provided. a

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for
the issuance of the writs of mandamus, prohibitioru certiorari, habeas corPus/
injunctions, and other ancillary writs and processes in aid of its appellate
arising
luiisdiction and over petitions of similar nature, including quo warranto,
or that may arise in cases filed or which may be fiied under Executive Order Nos.
1,,2,1"4 and ]4-A, issped in 1986: Provided, That the jurisdiction over these
petitions shatl 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. L, 2, 1,4 and 1.4-A, issued in 1986'

"In case private individuals are charged as co-principals, accomplices or

accessorieswith 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'

,'A.y provisions of law or Rules of Court to the contrary notwithstanding, the

criminal action and the corresponding civil action for the recovery of civil
liability shall at all times bg simultaneously instifuted with, and jointly
determined in, the same proceeding by the Sandiganbayan or the appropriate
courts, the filing of the criminal action being deemed to necessarily cauy with it
the filing of the civil action, and no right to reserve the filing of such civil action
separate"iy frorh the criminal action shall be recognized: Provided, however, That
*h"." the civil action had therefore been filed 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 be transferred to
the Sairdiganbayan or the-appropriate court, as the case may be,'for consolidation
and joint determination with the criminal action, otherwise the separate civil
action shail be deemed abandoned."

Sec" 5. Sec.7 of the same decree is hereby further amended to read as follows:

"Sec" 7. Form, Finality and Fnforcement of Decisions. - A11 decisions and final
orders determining the merits of a case or finally disposing of the action or
proceedings of the Sandiganbayan shall cpntain complete findings of the
iacts and the law on which they are base'd, on all issues properly raised
before it and necessary in deciding the case.

"A petition for reconsideration of any final order or decision may be filed
witirin 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.

',Decisions and final orders ofthe Sandiganbyan shall be appealable to

the
Supreme Court by petition for review on certiorari raising Pure questions
of 1aw 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

enJorced in the manner provided by law.
 ,'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 reviewableby,
the Sandiginbayan in the manner provided by Rule 122 of the Rules of the
Court.
regional
"In case, however, the imposed penalty by the Sandiganbayan or-the-
trial court in the proper exercise of their respective jurisdictions, is death, review
by the Supreme Court shail be automatic, whether or not accused files an
appeal""
S;;. 6. Appropriations. - The amount necessary to carry out the initial
implemeniation 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
Act.
Appropriations !

sec.T.Transitory Prottision, - This Act shall apply to all cases pending in,any
court
over which trial has not begun as of the approval hereof

Sec. 8. Separability of Prouisions, -If for any reason any provision.of this
Act is
declared unconstituiional or invalid, such parts or portions not affected thereby
shall remain in full force and effect.

Sec.9. Repenling Clause. - A11 acts, decrees, gener4l orders and circulars, or parts
thereof inconsistent "with the provisions of this Act are hereby repealed or

Sec. 10. Effectiuity. - This Act shall take effect fifteen (15)_days after its
complete
pub1icationinat1easttwo(2)newSPapersofgenera1circulation.
APProrted: FebruarY 5, 1997