SANDIGANBAYAN JURISDICTION

ACCUSED PRINCIPAL
AND PUBLIC OFFICER

Offense is in violation of RA
3019 (Ant-Graft and Offense is NOT in
violation of RA 3019, RA Civil and
Corruption Practices Act), Criminal Cases
RA 1379 (Forfeiture Act), 1379, Bribery &
Corruption of Public filed purusnat
Bribery & Corruption of to and in
Public Officer Officer
connection with
EO Nop.
1,2,14,14-A. Re:
Officer holds title Officer does NOT holds Illgotten wealth
Offense is in relation to Offense NOT
enumerated in Sec. 4 title enumerated in Sec. in the hands of
office. in relation to
(A) 4 (A) Marcos and his
Constituent to office; or office
pawnees.
alleged in the complaint.

Under Subsec Salary Grade Salary Grade Check Salary

Holding Office NOT Holding
a-g Sec 4(A)1 Under Sec 4(A)1-4 27 or Higher lower than 27 Grade
mentioned in 4(A) Office
Officials of the - Note: not limited mentioned in Sandiganbaya
Executive occupying to 4(A) a-g 4(A) n
Sandiganbaya positions of RD and
n Regardless higher, or has SG 27
or higer; Members of Sandiganbaya
of Salary MTC/RTC
Congress and other n Salary Grade Salary Grade
Grade Sandiganbaya
official having SG 27 27 or higher less than 27
or higher; Members n
of Judiciary;
Appeal to
Chairman and
Sandiganbaya
members of ConCom.
n if offense is Sandiganbaya
in re to office. MTC/RTC
n

Appeal to
Sandiganbaya
Sandiganbaya n if offense is
n in re to office.

DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
DOJ AND OMB (Office of the Ombudsman) JURISDICTION
Read: RA6770, sec15(1) & the 2012 memo signed by DOJ and OMB
OMB
PRIMARY
2012 Memo signed by DOJ
Those cognizable by SB. and OMB
OMB may take over of the
investigation at anytime &
file the necessary info to
cout.
If upon the filling of complaint in DOJ, and
the same is falling the in the jurisdiction of
OMB (those cognizable by SG), the DOJ
must advise the complainant to bring it to
OMB.
Provided if they receive a complaint but
later found out that this is cognizable by
OMB, DOJ shall endorse it to OMB.
Provided further, if there are multiple
respondent and one respondent is
cognizable by SB, DOJ must endorse it to
OMB.
DANIEL EMERSON B ONG
CONCURRENT
DOJ and OMB has concurrent
jurisdictiojn over public officer not
cognizable by SB. The offended party
may be any public officer regardless of
rank, committed the offense in re to
office or not, as long as he receive
emuluments (salary) fom the
government.
The office where such office is filed for
PI, excludes the other.
Provided that OMB may refer or
endorse the cases to DOJ even after the
case was filed 1st in OMB. Reason: OMB
has lack of man power compared to
DOJ.
BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
 HOW CRIMINAL ACTION IS INITIATED Offense

Requires Preliminary Investigation

(Penalty atleast 4 yrs 2 mo 1 day, Doesn't requires PI If the
regardless of fine) complaint
is to be
Questioning Legality of PI must be done filed in
before he enters his plea. File complaint or Manila and
information in MTC, other
General Rule MTCC or complaint to chartered
Exception to the Rule & the prosecutor. cities
Exception to the exception
File complaint to Investigating officer and shall be accompanied
with affidavits of the complainant and his witnesses as well as
To MTC
other supporting doc. Affidavits must be subscribed and sworn to To Prosecutor File to
b4 any prosecutor or gov. official authorized to admister oath, or in Exception Exception to Prosecutor
the absense or unavailability, before a notary public. and certified the Exception Judge evaluate the affidavits ONLY
The prosecutor must act
that he personally examined the affiants and satisfied that it was and other supporting
If accused is lawfully arrested on complaint based on
voluntarily executed and the affidavits were understood. documents submitted by
w/out a warrant the supporting affidavits
complainant & witnesses.
Investigating Officer then evalutes the complaint and must decide The complaint or information & other supporting docs.
within 10 days if there is probable cause or not. may, nevertheless, be filed by the To request PI submitted by the Exception:
prosecution as long as an inquest complaint and Since there is no PI, the rule Unless
Requisites: grants court the OPTION to
Finds reason to has been conducted. witnesses. otherwise
proceed Finds no (Presupposes the availability of -Before complaint is conduct a written personal proveded
ground inquest prosecutor) filed, or After filing but examination under oath by in their
Issue subpoena with the copy made within 5 days from Diff in this case compare the complainant and charters.
of complaint and supporting the time he learns of the when PI is required, here witnesses in the form of
Dismiss the Inquest Prosecutor Inquest filing of the complaint. prosecutor is not
affidavits and documents Q&A.
case Available Prosecutor Not (see p. 11) mandated to conduct
Available -Sign a waiver of the full-blown trial. Advise in
sec. 3(b) Rule112 the future: still submit Another Option: Require
provision of Art. 125 RPC
W/in 10 days, from receipt of subpoena, respondent shall submit Inquest Prosecutor will in the presence of counter-affidavits let the submission of additional
counter-affidavits (his and witnesses) and other supporting docs. Complaint or counsel. prosecutor decide. evidence w/in 10 days from
Must also be subscribed and sworn to and certified. Copy is furnished First determine WON information notice
to complainant. No motion to dismiss in lieu of counter-affidavit is Arrest is valid. will be filed
Second, Ask if will waive directly w/ the *Notwithstanding the
allowed.
prov. of Art. 125 proper court waiver, he can apply for
If respondent cannot be subpoenaed or if subpoenaed but does not (MTC / MTCC) bail even before he is
submit counter-affidavit, IO will resolve complaint based on the by offended charged. & PI must end No Probable
evidence presented by complainant. - ex parte investigation If valid and wont waive, party or w/in 15 days from start. Finds Probable Cause Cause
Files Criminal Action or arresting Note: Bail must be
IO may set a hearing to clarrify facts and issue. But no examination or Recommend the release
cross-examination by the complainant and defendant. Hearing must officer on the applied for and issued by Issue warrant of arrest; Dismiss
the detained for futher basis of the the court in the provice, Commitment Order (If
be held w/in 10 days from submission of counter-aff or expiration of proceeding.
period for submission, it shall terminate w/in 5 days. affidavits of city, or municipality already arrested); Summon
such offended where the person (If judge finds no necessity
IO must determine WON there is sufficient ground for trial w/in 10 party or arrested is held. Bail is to place under custody)
Inquest investigation
days. arresting available at the time the
must only include
questions relating to the officer. accused is under the
reason of the arrest. If custody of the law
See Sec 4, Rule 113
Recommen regardless infor or Note: FILE directly to RTC
during the investigation
Recommend filing of an information. Prepare d Dismissal. complaint was filed or if it is private crimes
they found the accused
the Info, certification and resolution. not.
committed another
offense, conduct
Resolution may be subject to review by Sec.
separate PI.
of Justice (He may reverse or modify.)
DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
CONTINUATION FROM INVESTIGATING PROSECUTOR FORWARDING THE DOCUMENTS TO CITY, PROVINCIAL OR REGIONAL STATE PROSECUTOR

Investigating officer has

10 days to decide to hold
trial or not.

Investigating officer decide to hold trial.

Investigating officer
Prepare resolution, information and certification of oath of the recommend the dismissal.
information. Sec. 4 Rule 112

Forward the records of the case for action; needs approval before
filing or dismissal.

w/in 5 days.

Provincial or city prosecutor, chief state prosecutor or the

ombudsman must act w/in 10 days from the receipt & inform the
parties of such action.

Approved.

Disapproved.

He may file by himself; or direct another assistant

prosecutor or state prosecutor to do so w/out
conducting another PI

DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
Note: Filing of appeal does not hold/ prevent the
filing of the information, unless the Secretary of
Justice directs otherwise;
Remedy of
Aggieved Party
If there is pending resolution for review in DOJ
and info is already filed in court, the accused can
file motion for suspension of the arraignment
(max of 60 days) or motion to suspend the trial
(w/c includes suspension of arraignment) –
preferred. Both at the sound discretion of the Determination of Determination of
Prosecutor of PI Ombudsman of PI
judge.

If it is tax matter, appeal to Court of Tax Appeals

Regional State
Secretary of Justice
Prosecutor (For
(For offenses MR To Ombudsman
offenses cognizable
cognizable by RTC)
by MTC)

President of the MR To Secretary of

DOJ
Philippines (If Justice (If penalty is Administrative
MR To RSP "may review" but Criminal Offense
crime punishable not death, RP or life Offense
not advisable
by death, RP or life imprisonment)
imprisonment)

Administrative
Appeal SC - Rule 65
CA - Petition for
CA - Rule 65 Certiorari under Rule 65 CA Rule 43
Note: Review is
Judicial Appeal limited only to
check grave abuse
CA - Rule 43 Note: Different of discretion.
proceeding not appellate
proceeding

SC - Petition for SC - Petition for

review on certiorari review on certiorari
under Rule 45 under Rule 45

DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
 Duty of the Court

DIRECT FILING
FROM PROSECUTOR
Judge evaluate the affidavits and other supporting documents submitted by
complainant & witnesses. Judge does not conduct PI, only determine Probable
Information / Complaint is filed
Cause to issue warrant. (SAKTO BA?)
It must be supported by affidavits, counter-affidavits of the complainant and his witnesses and supporting
evidence & resolution. (sec. 7 [a] Rule 112)
Note: Record of the PI shall not form part of the record of the case. Since there is no PI, the rule grants court the OPTION to conduct a written
personal examination under oath by the complainant and witnesses in the form
of Q&A.

Another Option: Require submission of additional evidence w/in 10 days from

Preliminary Examination notice
If prosecutor conducted PI, judge no need to personally examine the complainant and
witnesses, can only rely the resolution of prosecutor. But if no PI (not fullblown) must
personally examine???
Within 10 days from filing of complaint
Judge must personally evaluate the resolution of the prosecutor & the evidence supporting Finds Probable Does not find
said resolution. Cause Probable Cause
Judge is not required to conduct a written personal examination under oath of the
complainant & his witnesses.
Forward to Dismiss
Finds no Probable prosecutor???
Doubt the existence of Probable Cause Finds Probable Cause Cause
Order the prosecutor to present additional evidence

Note: If there is motion to dismiss the case or to withdraw the info

Finds no Probable Finds Probable Cause
Cause Dismissal; Final Order filed by public prosecutor either for insufficiency of evidence in the
Issue warrant of
arrest; Commitment See p.221 book riano possession of the prosecutor or lack of probable cause, the judge is
Order; or Summon not mandated to follow the prosecutor or DOJ because the has the
Dismiss Note: Certiorari not control over the matter once the complaint is filed in court. To do
Issue warrant of arrest; Commitment Order; or proper remedy but
so is to surrender a power constitutionally vested in the judiciary to
summon. Ordinary Appeal.
executive.
Requirement: Notice of
Note: Court acquires jurisdiction over person appeal only.
when the accused is arrested or when the However, if judge agree with the dismissal, the remedy of the
accused voluntarily surrender. However aggrieved party may file an appeal. (WHAT KIND OF APPEAL?)
"custody of court" =/= jurisdiction over person

DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
ADDITIONAL NOTES:

Different Kinds
of Complaint

Filed in Filed in Court

Prosecutor

- Simple affidavit of - name of the

complaint. RP
- Name of the - One which
offended party. requires to
comply with the
- Sworn by the Sufficiency and
offended party. Form required
- Contain only by law.
factual naration - sworn by
made by the offende party,
offended party. peace officer,
public officer

DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
DANIEL EMERSON B ONG BASED
ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017