Court of Appeals and

the Sandiganbayan
Jose De Guzman
Carys Gil Galao-ey
Rosel Joy Provido
Batas Pambansa Blg. 129

▪ "The Judiciary Reorganization Act of 1980."

▪ Section 2. Scope. — The reorganization herein
provided shall include the Court of Appeals,
the Court of First Instance, the Circuit Criminal
Courts, the Juvenile and Domestic Relations
Courts, the Courts of Agrarian Relations, the
City Courts, the Municipal Courts, and the
Municipal Circuit Courts.
Organization of Court of Appeals (Section 3)

▪ CA consists of a:
– 1 Presiding Justice and 50 Associate Justice who shall be
appointed by the President of the Philippines.
– The Presiding Justice shall be so designated in his
appointment, and the Associate Justice shall have
precedence according to the dates of their respective
appointments, or when the appointments of two or more
of them shall bear the same date, according to the order
in which their appointments were issued by the
President.
Organization of Court of Appeals

▪ Any member who is reappointed to the Court after

rendering service in any other position in the
government shall retain the precedence to which he
was entitled under his original appointment, and his
service in the Court shall, for all intents and
purposes, be considered as continuous and
uninterrupted.
Exercise of Powers and Functions of CA

▪ The Court Appeals shall exercise its powers,

functions, and duties, through seventeen (17)
divisions, each composed of three (3)
members.
▪ The Court may sit en banc only for the
purpose of exercising administrative,
ceremonial, or other non-adjudicatory
functions.
Exercise of powers and functions of CA

▪ The court of Appeals shall have the power to try

cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve
factual issues raised in cases falling within its
original and appellate jurisdiction, including the
power to grant and conduct new trials or Appeals
must be continuous and must be completed within
three (3) months, unless extended by the Chief
Justice.
Original Jurisdiction of the CA

▪ To issue:
– Writs of Mandamus,
– Prohibition,
– Certiorari,
– Habeas Corpus,
– Quo Warranto, and
– Auxiliary Writs or processes, whether or not in aid of its
appellate jurisdiction;
Exclusive Original Jurisdiction

▪ Actions for annulment of judgments of

Regional Trial Courts
 Exclusive Appellate Jurisdiction of CA
▪ All final judgements, resolutions, orders or awards of Regional Trial
Courts and quasi-judicial agencies, instrumentalities, boards or
commission, including:
– the Securities and Exchange Commission,
– the Social Security Commission,
– the Employees Compensation Commission and
– the Civil Service Commission,
– Except those falling within the appellate jurisdiction of the Supreme Court in
accordance with the Constitution, the Labor Code of the Philippines under
Presidential Decree No. 442, as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and subparagraph 4 of the fourth
paragraph of Section 17 of the Judiciary Act of 1948.
 Appellate Jurisdiction of CA
A.Ordinary Appeal
o From RTC
– In its exercise of OJ
– On constitutional, tax, jurisdictional questions involving questions of facts which should be
appealed first to CA
– Penalty imposed is reclusion perpetua or life imprisonment
– Lesser penalty is imposed for offenses committed on the same occasion or which arose out of
the same occurrence that gave rise to the more severe offense for which imposed penalty is
reclusion perpetua or life imprisonment

o From Family Courts

o From MeTC, MTC, MCTC
– Land registration and cadastral cases
Appellate Jurisdiction of CA

B. Petition for Review

o From CSC
o From RTC
– In cases appealed from MeTC and MCTC, which are not a matter of right
o From quasi-judicial agencies
o From NCIP
o From Ombudsman
– In administrative disciplinary cases
Appellate Jurisdiction of CA

C. Petition for Certiorari

o Against NLRC
o Against COMELEC and COA

D. Automatic Review
o RTC imposed the death penalty
Concurrent Jurisdiction of CA
(1) With SC :
▪ Petitions under Rule 65 against CSC
▪ Petitions under Rule 65 against NLRC
(2) With SC and RTC:
▪ Petitions for habeas corpus and quo warranto
▪ Actions brought to prevent and restrain violation of laws
concerning monopolies and combinations in restraint of
trade
Concurrent Jurisdiction of CA

(3) With SC, RTC and Sandiganbayan:

▪ Petitions under Rule 65 relating to an act or
omission of a MTC, or of a corporation, board,
officer or person
▪ Petitions for Writ of Amparo and Habeas Data
Quorum of CA (Section 11)

▪ A majority of the actual members of the Court shall

constitute a quorum for its session en banc.
▪ Three members shall constitute a quorum for the
session of a division.
▪ The unanimous vote of the three members of a division
shall be necessary for the pronouncement of a decision
of final resolution, which shall be reached in
consultation before the writing of the opinion by any
members of the division.
Quorum of CA (Section 11)

▪ In the event that the three members do not reach a

unanimous vote, the Presiding Justice shall request the
Raffle Committee of the Court for the designation of
two additional Justice to sit temporarily with them,
forming a special division of five members and the
concurrence of a majority of such division shall be
necessary for the pronouncement of a decision or final
resolution.
▪ The designation of such additional Justice shall be made
strictly by raffle.
Quorum of CA (Section 11)

▪ A month for reconsideration of its decision or final

resolution shall be resolved by the Court within
ninety (90) days from the time it is submitted for
resolution, and no second motion for
reconsideration from the same party shall be
entertainment.
Creation of Sandiganbayan

▪ Section 5 of Art. XIII of the 1973 Constitution:

“The Batasang Pambansa shall create a special court,
to be known as Sandiganbayan, which shall have
jurisdiction over criminal and civil cases involving
graft and corrupt practices and such other offenses
committed by public officers and employees,
including those in government-owned or controlled
corporations, in relation to their office as may be
determined by law.”
Creation of Sandiganbayan

▪ Section 4 of Art. XI of the 1987 Constitution:

The present Anti-graft court known as the
Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may
be provided by law.
Jurisdiction of the 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.
Jurisdiction of the Sandiganbayan

▪ 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.
 Original Exclusive Jurisdiction of SB
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

 Original Exclusive Jurisdiction of SB
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;
 Original Exclusive Jurisdiction of SB

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;
Original Exclusive Jurisdiction of SB

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.
Original Exclusive Jurisdiction of SB

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
Original Exclusive Jurisdiction of SB

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
Original Exclusive Jurisdiction of SB

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.
Original Exclusive Jurisdiction of SB

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.
NOTE:

▪ 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.
Appellate Jurisdiction of the SB

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.