228. Nuñez vs.

Sandiganbayan 111 SCRA 433 (1982)

TOPIC: Equal Protection – Administration of Justice/Access to Courts

1. CONSTITUTIONAL LAW; STATUTES; P.D. 1486, as amended by P.D. 1606; CREATION OF THE
SANDIGANBAYAN, A VALID EXERCISE OF THE PRESIDENT’S LAW-MAKING AUTHORITY
DURING MARTIAL LAW. — While the 1973 Constitution would contemplate that an act creating a
special court such as the Sandiganbayan should come from the National Assembly, the 1976
Amendments made clear that the incumbent President "shall continue to exercise legislative powers
until martial law shall have been lifted.’’ As affirmed in Aquino, Jr. v. COMELEC, L-40004, Jan. 31,
1975 "it is not a grant of authority to legislate but a recognition of such power as already existing in
favor of the incumbent President during the period of Martial law.

2. ID.; BILL OF RIGHTS; GUARANTEE OF EQUAL PROTECTION; A REGULATORY MEASURE

MAY CUT INTO THE RIGHTS TO LIBERTY AND PROPERTY TO ASSURE THE GENERAL
WELFARE. — The constitutional guarantee is not to be given a meaning that disregards what is,
what does in fact exist. To assure that the general welfare be promoted, which is the end of law, a
regulatory measure may cut into the rights to liberty and property. Those adversely affected may
under such circumstances invoke the equal protection clause only if they can show that the
governmental act assailed, far from being inspired by the attainment of the common weal was
prompted by the spirit of hostility, or at the very least, discrimination that finds no support in reason.
Classification is thus not ruled out, it being sufficient from the Tuason decision "that the laws operate
equally and uniformly on all persons under similar circumstances or that all persons must be treated
in the same manner, the conditions not being different, both in the privileges conferred and the
liabilities imposed. Favoritism and undue preference cannot be allowed. For the principle is that equal
protection and security shall be given to every person under circumstances which, if not identical, are
analogous. If law be looked upon in terms of burden or charges, those that fall within a class should
be treated in the same fashion, whatever restrictions cast on some in the group equally binding on the
rest." virtua1aw library

3. ID.; ID.; ID.; ID.; SANDIGANBAYAN PROCEEDINGS PRESCRIBING A DIFFERENT MODE ON

APPEAL BASED ON SUBSTANTIAL DISTINCTIONS AND NOT NECESSARILY OFFENSIVE TO
THE EQUAL PROTECTION CLAUSE. — The contention that the Sandiganbayan proceedings
violates petitioner’s right to equal protection because appeal as a matter of right became minimized
into a mere matter of discretion;-appeal likewise was shrunk and limited only to questions of law,
excluding a review of the facts and trial evidence; and-there is only one chance to appeal conviction,
by certiorari to the Supreme Court, instead of the traditional two chances; while all other estafa
indictees are entitled to appeal as a matter of right covering both law and facts and to two appellate
courts, i.e., first to the Court of Appeals and thereafter to the Supreme Court is hardly convincing,
considering that the classification satisfies the test announced by this Court in People v. Vera, 65
Phil. 56 (1937) requiring that it "must be based on substantial distinctions which make real
differences; it must be germane to the purposes of the law; it must not be limited to existing
conditions only, and must apply equally to each member of the class." The Constitution specifically
makes mention of the creation of a special court, the Sandiganbayan, precisely in response to a
problem, the urgency of which cannot be denied, namely, dishonesty in the public service. It follows
that those who may thereafter be tried by such court ought to have been aware as far back as Jan.
17, 1973, when the present Constitution came into force, that a different procedure for the accused
therein, whether a private citizen as petitioner is or a public official, is not necessarily offensive to the
equal protection clause of the Constitution.
[G.R. Nos. L-50581-50617. January 30, 1982.]

RUFINO V. NUÑEZ, Petitioner, v.
SANDIGANBAYAN and the PEOPLE OF THE PHILIPPINES, Respondents.

FACTS:
Information were filed against Rufino V. Nunez before Sandiganbayan on 21 February and 26
March 1979 for the crime of estafa through falsification of public and commercial documents
committed in connivance with his co-accused, all public officials, in several cases. Thereafter, on 15
May, upon being arraigned, he filed a motion to quash on constitutional and juridical grounds. A week
later, the Sandiganbayan denied the motion. A motion for reconsideration was filed a day later, and
was likewise denied. Nunez filed a petition for certiorari and prohibition with the Supreme Court,
assailing the validity of Pres. Decree No. 1486, as amended by P.D. 1606 creating this special court
on the ground that its creation is violative of the due process, equal protection and ex post facto
clauses of the Constitution.

ISSUE:
Whether or not the trial of the accused, a public official, by the Sandiganbayan unduly
discriminates against the accused, in light of the difference of the procedures (especially appellate) in
the Sandiganbayan vis-a-vis regular courts?

HELD:
No. The Constitution provided for but did not create a special Court, the Sandiganbayan, with
“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.” It came into existence with the
issuance in 1978 of a Presidential Decree. Classification must be based on substantial distinctions
which make real differences; it must be germane to the purposes of the law; it must not be limited to
existing conditions only, and must apply equally to each member of the class. (tests of valid
classification) The constitution specifically makes mention of the creation of a special court, the
Sandiganbayan, precisely in response to a problem, i.e. dishonesty in the public service, the urgency
of which cannot be denied. It follows that those who may thereafter be tried by such court ought to
have been aware as far back as 17 January 1973, when the present Constitution came into force,
that a different procedure for the accused therein, whether petitioner is a private citizen or a public
official, is not necessarily offensive to the equal protection clause of the Constitution. Further, the
omission of the Court of Appeals as intermediate tribunal does not deprive protection of liberty. The
innocence or guilt of an accused in the Sandiganbayan is passed upon by 3-judge court of its
division. Moreover, a unanimous vote is required, failing which “the Presiding Justice shall designate
two other justices from among the members of the Court to sit temporarily with them, forming a
division of five justices, and the concurrence of a majority of such division shall be necessary for
rendering judgment.” If convicted, the Sandiganbayan en banc has the duty if he seeks a review to
see whether any error of law was committed to justify a reversal of the judgment.

The Supreme Court, in dismissing the petition, held that the unconstitutionality of such decree
cannot be adjudged. The requirements of due process as applied to criminal proceedings are
considered complied with where the accused is heard in a court of competent jurisdiction and
proceeded against under the orderly process of law, and only punished after inquiry and investigation,
upon notice to him, with an opportunity to be heard and a judgment awarded within the authority of a
constitutional law. The equal protection clause has not been violated either despite the limitation in
the accused’s right to appeal as the classification satisfies the test of substantial distinctions,
germane to the purposes of the law, the Sandiganbayan having been specially created in response to
the problem of dishonesty in the public service. The challenged decree is likewise not contrary to the
ex post facto provision of the Constitution on the allegation that petitioner’s right of appeal is being
diluted or eroded efficacy wise as the omission of the Court of Appeals as an intermediate tribunal
does not deprive petitioner of a right vital to the protection of his liberty. As held in the case of Duncan
v. Missouri, 152 US 377 "the prescribing, of different modes of procedure and the abolition of courts
and the creation of new ones, leaving untouched all the substantial protections with which the existing
laws surrounds the person accused of crime, are not considered within the constitutional inhibition."

PRESIDENTIAL DECREE No. 1606 December 10, 1978

REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN AS

"SANDIGANBAYAN" AND FOR OTHER PURPOSES

WHEREAS, the new Constitution declares that a public office is a public trust and ordains that public officers and
employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at
all times accountable to the people;

WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5,
Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby order and decree as follows:

Section 1. Sandiganbayan; composition; qualifications; tenure; removal and composition. A special court, of the
same level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be known as the
Sandiganbayan is hereby created composed of a Presiding Justice and eight Associate Justices who shall be
appointed by the President.

No person shall be appointed Presiding Justice or Associate Justice of the Sandiganbayan; unless he is a natural-
born citizen of the Philippines, at least 40 years of age and for at least 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.

The Presiding Justice shall be so designated in his commission and the other Justices shall have precedence
according to the dates of their respective commissions, or, when the commissions of two or more of them shall bear
the same date, according to the order in which their commissions have been issued by the President.

The Presiding Justice and the Associate Justices shall not be removed from office except on impeachment upon the
grounds and in the manner provided for in Sections 2, 3 and 4 of Article XIII of the 1973 Constitution.

The Presiding Justice shall receive an annual compensation of P60,000.00 and each Associate Justice P55,000.00
which shall not be diminished during their continuance in office. They shall have the same rank, privileges and other
emoluments, be subject to the same inhibitions and disqualifications, and enjoy the same retirement and other
benefits as those provided for under existing laws of the Presiding Justice and Associate Justices of the Court of
Appeals.

Whenever the salaries of the Presiding Justice and the Associate Justices of the Court of Appeals are increased,
such increases in salaries shall be correspondingly extended to and enjoyed by the Presiding Justice and the
Associate Justices of the Sandiganbayan.

They shall hold office until they reach the age of 65 years or become incapacitated to discharge the duties of their
office.
Section 2. Official Station; Place of Holding Sessions. The Sandiganbayan shall have its principal office in the Metro
Manila area and shall hold sessions thereat for the trial and determination of all cases filed with it irrespective of the
place where they may have arisen; Provided, however, that the Presiding Justice may authorize any division or
divisions of court to hold sessions at any time and place outside Metro Manila to hear and decide cases emanating
from any of the existing judicial districts. Whenever necessary, the Sandiganbayan may require the services of the
personnel and the use of the facilities of any agency of the Government, national or local, including the courts of first
instance of the province where any of the divisions is holding session, and those personnel of such agencies or
courts shall be subject to the orders of the Sandiganbayan.

Section 3. Divisions of the Courts; Quorum. The Sandiganbayan shall sit in three divisions of three Justices each.
The three divisions may sit at the same time.

Three Justices shall constitute a quorum for session in division; Provided, that when the required quorum cannot be
had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the
President shall, upon recommendation of the Presiding Justice, designate any Justice of the Court of Appeals or
Judge of the Court of First Instance or of the Circuit Criminal Court of the judicial district concerned to sit temporarily
therein.

Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:

(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft and Corrupt
Practices Act, and Republic Act No. 1379;

(b) Crimes committed by public officers and employees including those employed in government-owned or
controlled corporations, embraced in Title VII of the Revised Penal Code, whether simple or complexed with
other crimes; and

(c) Other crimes or offenses committed by public officers or employees, including those employed in
government-owned or controlled corporations, in relation to their office.

The jurisdiction herein conferred shall be original and exclusive if the offense charged is punishable by a penalty
higher than prision correccional, or its equivalent, except as herein provided; in other offenses, it shall be concurrent
with the regular courts.

In case private individuals are charged as co-principals, accomplices or accessories with the public officers or
employees including those employed in government-owned or controlled corporations, they shall be tried jointly with
said public officers and employees.

Where an accused is tried for any of the above offenses and the evidence is insufficient to establish the offense
charged, he may nevertheless be convicted and sentenced for the offense proved, included in that which is
charged.

Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding
civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously
instituted with, and jointly determined in the same proceeding by, the Sandiganbayan, the filing of the criminal action
being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such action
shall be recognized; Provided, however, that, in cases within the exclusive jurisdiction of the Sandiganbayan, where
the civil action had therefore been filed separately with a regular court but judgment therein has not yet been
rendered and the criminal case is hereafter filed with the Sandiganbayan, said civil action shall be transferred to the
Sandiganbayan for consolidation and joint determination with the criminal action, otherwise, the criminal action may
no longer be filed with the Sandiganbayan, its exclusive jurisdiction over the same notwithstanding, but may be filed
and prosecuted only in the regular courts of competent jurisdiction; Provided, further, that, in cases within the
concurrent jurisdiction of the Sandiganbayan and the regular courts, where either the criminal or civil action is first
filed with the regular courts, the corresponding civil or criminal action, as the case may be, shall only be filed with
the regular courts of competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are criminal cases against officers and members of the
armed forces in the active service.

Section 5. Proceedings, how conducted; votes required. The unanimous vote of the three justices in a division shall
be necessary for the pronouncement of a judgment. In the event that the three justices do not reach a unanimous
vote, the Presiding Judge shall designate two other justices from among the members of the Court to sit temporarily
with them, forming a division of five justices, and the concurrence of a majority of such division shall be necessary
for rendering judgment.

Section 6. Maximum period for termination of cases. As far as practicable, the trial of cases before the
Sandiganbayan once commenced shall be continuos until terminated and the judgment shall be rendered within
three (3) months from the date the case was submitted for decision.

Section 7. Form, finality and enforcement of decisions. Decisions and final orders of the Sandiganbayan shall
contain complete findings of facts on all issues properly raised before it.

A petition for reconsideration of any final order or decision maybe filed within (15) days from promulgation or notice
of the final order or judgment, and such petition for reconsideration shall be decided within thirty (30) days from
submission thereon.

Decisions and final orders shall be subject to review on certiorari by the Supreme Court in accordance with Rule 45
of the Rules of Court. The Supreme Court shall decide any case on appeal promptly and without the necessity of
placing it upon the regular calendar. Whenever, in any case decided, the death penalty shall have been imposed,
the records shall be forwarded to the Supreme Court, whether the accused shall have appealed or not, for review
and judgment, as law and justice shall dictate.

Final judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by law.

Section 8. Transfer of cases. As of the date of the effectivity of this decree, any case cognizable by the
Sandiganbayan within its exclusive jurisdiction where none of the accused has been arraigned shall be transferred
to the Sandiganbayan.

Section 9. Rule-making Power. The Sandiganbayan shall have the power to promulgate its own rules of procedure
and, pending such promulgation, the Rules of Court shall govern its proceedings.

Section 10. Authority over internal affairs. The Sandiganbayan shall administer its own internal affairs and may
adopt such rules governing the constitution of its divisions, the allocation of cases among them, the rotation of
justices and other matters relating to its business.

Section 11. Proceeding free of charge. All proceedings in the Sandiganbayan shall be conducted at no cost to the
complainant and/or his witnesses.

No criminal information or complaint shall be entertained by the Sandiganbayan except upon a certification by the
Investigating Prosecutor of the existence of a prima facie case to be determined after a preliminary investigation
conducted in accordance with applicable laws and approved by the Chief Special Prosecutor.

Xxxxxx

RULES OF THE SANDIGANBAYAN

Pursuant to the provisions of Section 5 of Article XIII of the Constitution of the Philippines, as implemented by
Presidential Decree No. 1606, the Sandiganbayan hereby adopts and promulgates the following rules to govern the
conduct of its business.
 RULE I
TITLE AND CONSTRUCTION

Section 1. Title of the Rules. These Rules shall be known and cited as the Rules of the Sandiganbayan.

Section 2. Construction. These Rules shall be liberally construed in order to promote their objectives and to achieve
a just, expeditious and inexpensive determination of every action and proceeding before the Sandiganbayan.

RULE II

CONTROL OF FUNCTIONS AND SUCCESSION

Section 1. Exclusive Control. Except as otherwise provided by the Constitution and Presidential Decree No. 1606,
the Sandiganbayan shall have exclusive control, direction and supervision of all matters pertaining to its internal
affairs and the operation of its business.

Section 2. Succession in the Office of the Presiding Justice. In case of vacancy in the position of Presiding Justice
of the Sandiganbayan or his temporary incapacity to exercise the powers and perform the duties of his office, the
same shall devolve upon the qualified most senior Associate Justices until such incapacity is removed or another
Presiding Justice is appointed and has duly qualified.

RULE III

COMPOSITION OF DIVISIONS

Section 1. How Divisions Constituted. The Sandiganbayan shall consist of three divisions which shall be known as
the First Division, Second Division, and Third Division, and shall each be composed of Presiding Justice and the first
two Associate Justices in the order of precedence as the respective Chairmen; the next three Associate Justices in
the order of precedence as the respective senior members; and the last three Associate Justices in the order of
precedence as the respective junior members. However, until the entire complement of the Sandiganbayan shall
have been appointed and qualified, the Presiding justice and the two Associate Justices first appointed and qualified
shall constitute the First Division.

Section 2. Vacancy; How Filled. In case of any vacancy in the composition of a division, whether permanent or
temporary, the Presiding Justice may designate an Associate Justice of the Court, to be determined by strict rotation
on the basis of the reverse order of precedence, to sit as a special member of said division with all the rights and
prerogatives of a regular member of said division in the trial and determination of cases assigned thereto, unless the
operation of the other divisions of the Court will be prejudiced thereby, in which case, the procedure provided in
Section 3, Rule VIII of these Rules shall apply.

RULE IV
FILING OF CASES

Section 1. Proceedings Free of Charge. All proceedings in the Sandiganbayan be conducted at no cost to the
complainant and/or his witnesses.

Section 2. Preliminary Investigation Necessary. No criminal information or complaint shall be entertained by the
Sandiganbayan except upon a certification by the investigating Prosecutor of the existence of a prima facie case to
be determined after a preliminary investigation conducted in accordance with applicable laws and approved by the
Chief Special Prosecutor.

Section 3. Where Cases Filed. All cases to be filed with the Sandiganbayan shall be filed with the Office of the
Clerk of Court of the Sandiganbayan which shall be open for the purpose of receiving complaints, information,
motions and the like from eight to twelve o'clock in the morning and twelve thirty to four-thirty o'clock in the
afternoon, on Mondays to Fridays, except on public or special holidays.
 RULE V
DISTRIBUTION AND CONSOLIDATION OF CASES

Section 1. Distribution of Cases. All cases filed with the Sandiganbayan shall be allotted among the three divisions
for hearing and decision by raffle to be conducted by a Raffle Committee composed of the Presiding Justice and the
two most senior Associate Justices available, on such days as may hereafter be fixed by the Presiding Justice
depending upon the need for such raffle to be made in view of the number of cases filed, with notice to the
interested parties who may, if they so desire, be present therein by themselves or through counsel.

Section 2. Consolidation of Cases. Cases arising from the same incident on series of incidents, or involving
common questions of fact and law, may, in the discretion of Sandiganbayan, be consolidated in only one division.
Should the propriety of such consolidation appear upon the filing of the cases concerned and before they are raffled,
all such cases shall be considered as one case for purposes of the raffle; but, should the propriety of such
consolidation may be affected upon motion of an interested party filed with the division taking cognizance of the
case to be consolidated and, if granted, consolidation shall be made in the division before which the case with the
lowest number is pending. In either case, the division in which consolidation is effected shall be entitled to be
credited in the distribution of cases with the same number of cases transferred to it to the end that all divisions shall,
as much as possible, receive more or less the same number of cases filed with the Sandiganbayan.

Section 3. Assignment of Cases Permanent. Cases assigned to a division of the Sandiganbayan in accordance with
these Rules shall remain with said division notwithstanding changes in the composition thereof and all matters
raised therein shall be deemed to be submitted for consideration and adjudication by any and all of the Justices who
are members of the division aforesaid at the time said matters are taken up, irrespective of whether they were or
were not members of the division at the time the case was first assigned thereto: Provided, however, That only
Justices who are members of the division at the time a case is submitted for decision shall take part in the
consideration and adjudication of said case, unless any such member thereafter ceases to be a member of the
Sandiganbayan for any reason whatsoever in which case any Justice chosen to fill the vacancy in accordance with
the manner provided in Section 2, Rule III, of these Rules shall participate in the consideration and adjudication of
said case; Provided, lastly, that the Sandiganbayan en banc may, for special or compelling reasons, transfer cases
from one division thereof to another.

RULE VI
PROCESSES

Processes and writs of the Sandiganbayan which by their nature or by provision of existing laws or the Rules of
Court are to be issued under the signature of a Judge or a Justice shall be signed by the Chairman of the division
concerned: Provided, That if there is an urgent necessity for the issuance thereof before the case is raffled to a
division, the same shall be signed by the Presiding Justice. In the absence of the Presiding Justice or the Chairman
aforesaid, the process or writ shall be signed by the senior Associate Justice in the Sandiganbayan or in the
divisions concerned, respectively. All other processes or writs issued upon authority of the Sandiganbayan or a
division thereof shall be signed by the Clerk of Court or, in his absence, by the Deputy Clerk of Court of the division
concerned.

RULE VII
BAIL

Section 1. How Amount Fixed; Approval. The amount of bail to be posted in cases in the Sandiganbayan shall be
fixed by the Chairman of the division thereof to which they are assigned; and such bail may be approved by any
Justice of the Sandiganbayan, but preferably by a Justice of the division concerned: Provided, however, That where
the accused is arrested, detained or otherwise placed in custody outside the Metropolitan Manila area, any judge of
the Court of First Instance or Circuit Criminal Court may accept and approve the bail for his appearance before the
division to which his case is assigned and release him, and shall inform the division issuing the order of arrest of his
action, forwarding thereto the papers in this case.

Section 2. Condition of the Bail. The condition of the bail is that the accused shall appear and answer the complaint
or information in the division of the Sandiganbayan to which it is assigned or transferred for trial and submit himself
to the orders and processes thereof and, after conviction, if the case is appealed to the Supreme Court, that he will
surrender himself for the execution of such judgment as the Supreme Court may render; or, that, in case the cause
is to be tried anew or remanded for a new trial, he will appear in the division to which it may be remanded and
submit himself to the orders and processes thereof.

RULE VIII
SESSIONS AND TRIAL

Section 1. How Sessions Held. The Sandiganbayan shall for administrative purposes, sit en banc; and, for the trial
and determination of cases, sit in three divisions of three Justices each. The three divisions may sit at the same
time.

Section 2. Presiding Officer. Sessions of the Sandiganbayan en banc shall be presided by the Presiding Justice;
whereas sessions in division shall be presided by the respective Chairman of each division. In the absence of the
Presiding Justice or the Chairman of a division, as the case may be, the Associate Justice attending the session en
banc or in division who is first in the order of precedence and able to preside, shall do so.

Section 3. Quorum. Five Justices shall constitute a quorum for sessions en banc, and three Justices for sessions in
division: Provided, That when a quorum and/or the votes required for a resolution or decision of the Sandiganbayan,
either en banc or in division, or the trial or hearing of cases cannot be had due to the legal disqualification or
temporary disability of a Justice or of a vacancy occurring therein, the President shall, upon recommendation of the
Presiding Justice, designate any Justice of the Court of Appeals, Judge of the Court of First Instance or of the
Circuit Criminal Court to sit temporarily therein.

Section 4. Place of Holding Sessions. Sessions of the Sandiganbayan, whether en banc or in division, shall be held
in the place of its principal office in the Metropolitan Manila area where it shall try and determine all cases filed with
it irrespective of the place where they may have arisen: Provided, however, That the Presiding Justice may
authorize any division or divisions of the Court to hold sessions at any time and place outside Metropolitan Manila to
hear and decide cases emanating therefrom. For this purpose and whenever necessary, the Sandiganbayan may
require the services of the personnel and the use of the facilities of any agency of the Government, national or local,
including the Courts of First Instance or Circuit Criminal Court of the province or city where any of the divisions is
holding session, and those personnel of such agencies or courts shall be subject to the orders of the
Sandiganbayan.

Section 5. Time of Holding Sessions. Sessions of the Sandiganbayan en banc may be called at any time by the
Presiding Justice or at the instance at least five Associate Justices. Sessions for the trial of cases cognizable by it
shall be held on such days and at such times as the divisions thereof may, by order and upon notice to the parties
concerned, fix.

Section 6. Pre-trial Inquest. After the arraignment of an accused who pleads not guilty, the division concerned shall,
without prejudice to the invocation by the accused of his constitutional rights, direct the prosecutor and the accused
and his counsel to appear before any of the Justices thereof for a conference to consider;

(a) Admissions of facts about which there can be no dispute;

(b) Marking for identification of documentary or real evidence of the parties;

(c) Waiver of objections to admissibility of evidence;

(d) Procedure on objections where there are multiple counsel;

(e) Order of presentation of evidence and arguments where there are multiple accused;

(f) Order of cross-examination where there are multiple accused; and

(g) Such other matter as will promote a fair and expeditious termination of the trial.

After the pre-trial inquest, a pre-trial order shall be issued by the Associate Justice presiding the conference reciting
the actions and/or proceedings taken thereat, the admissions of facts made, the documents and real evidence
marked, and the agreement entered into by the parties as to any of the matters taken up therein. Such order shall
limit the issues for trial to those not disposed of by the admissions or agreements of the parties and when entered
shall blind the parties and control the course of the action during the trial, on appeal, and in post-conviction
proceedings, unless modified by the division concerned before trial to prevent manifest injustice.

RULE IX
MOTIONS

Section 1. Motion Day. The first hours of the morning session of the divisions every Friday shall be devoted to the
hearing of motions, unless, upon motion of an interested party and for special reasons, the division concerned shall
fix another day for the hearing of any particular motion.

Section 2. Resolution on Interlocutory or Incidental Motions. Rulings on all written motions submitted to the
Sandiganbayan or any division thereof for resolution shall be reached in consultation among the Justices
participating in the consideration thereof: Provided, however, That rulings on oral motions or on objections made in
the course of the trial or hearing shall be handed down by the Chairman of the division concerned.

RULE X
JUDGMENT

Section 1. Votes Necessary to Decide. The unanimous vote of three Justices in a division shall be necessary for the
rendition of a judgment or order. In the event that the three Justices do not reach a unanimous vote, the Presiding
Justice shall designated by raffle two Justices from among the other members of the Sandiganbayan to sit
temporarily with them forming a special division of five Justices, and the vote of a majority of such special division
shall be necessary for the rendition of a judgment or order.

Section 2. Procedure in Deciding Cases. The conclusions of a division of the Sandiganbayan in any case submitted
to it for decision shall be reached in consultation before the case is assigned to a Justice for the writing of the
opinion of the division. Any Justice dissenting from a judgment shall state the reasons for his dissent.

Section 3. Maximum Period to Decide Cases. The judgment or final order of a division of the Sandiganbayan shall
be rendered within three (3) months from the date the case was submitted for decision.

Section 4. Form of judgment and final order of a division of the Sandiganbayan shall contain complete findings of
fact and a statement of the law on all issues properly raised before it.

RULE XI
PROMULGATION OF JUDGMENT

A judgment of a division of the Sandiganbayan shall be promulgated by reading the judgment or sentence in the
presence of the accused and any Justice of the division which rendered the same: Provided, That, if the accused is
confined or detained in a place outside Metropolitan Manila or of the city or province in which any division of the
Sandiganbayan is sitting at the time of such promulgation, the judgment may, upon delegation by the division
concerned be promulgated by any judge of the Court of First Instance or Circuit Criminal Court having jurisdiction
over the place of confinement or detention, in which event the Court so promulgating the judgment shall have
authority to accept and approve the appeal bond.

RULE XII
PETITION FOR RECONSIDERATION

Within fifteen (15) days from the promulgation or notice of a judgment or final order of a division of the
Sandiganbayan, unless said judgment or order had in the meantime otherwise attained finality, a petition for the
reconsideration thereof may be filed upon the grounds, in the form and subject to the requirements, for motions for
new trial in criminal cases under Rule 121 of the Rules of Court, and such petition for reconsideration shall be
decided within thirty (30 days from submission thereof.
 RULE XIII
REVIEW OF JUDGMENTS AND FINAL ORDERS

Section 1. Method of Review. A party may appeal from a judgment or final order of a division of the Sandiganbayan
by filing with the Supreme Court a petition for certiorari in accordance with Rule 45 of Rules of Court and by serving
a copy thereof to the Sandiganbayan.

Whenever, in any case decided, the death penalty shall have been imposed, the records shall be forwarded to the
Supreme Court, whether the accused shall have appealed or not, for review and judgment, as law and justice shall
dictate.

Section 2. Bail Pending Appeal. An accused who has been released on bail shall not committed to jail upon
conviction pending the expiration of the period for appeal or pending an appeal seasonably taken, except when the
penalty imposed is reclusion perpetua or death, in which case, the accused may forthwith be committed to jail after
promulgation of the sentence. The division of the Sandiganbayan concerned, however, may, for good cause, cancel
the bond or increase the amount of bail and commit the accused into custody pending appeal, unless he gives bail
in the increased amount. The surely shall also be responsible for the surrender or the accused after judgment shall
have become final.

RULE XIV
PUBLICATION OF DECISIONS

With the consent of the respective writers thereof, the decisions of the Sandiganbayan may be published in the
Official Gazette in the language in which they have been originally written. The syllabi for the decisions shall be
prepared by the Clerk of Court in consultation with writers thereof.

RULE XV
APPLICABILITY OF THE RULES OF COURT

Except as otherwise herein provided or as may hereafter be modified from time to time by the Sandiganbayan and
insofar as practicable, the Rules of Court shall govern proceedings in the Sandiganbayan.

RULE XVI
SEAL OF THE SANDIGANBAYAN

The seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two concentric circles as its
margin, with the inscription, running from left to right, on the upper margin of the word "Sandiganbayan" and on the
lower margin of the words "Republika ng Pilipinas"; with 16 stars, representing the existing 16 judicial districts,
immediately along the outer edge of the inner circle; and with a design at the center of a triangle, with a trisected
area composed of the national colors of white on its upper part, blue on the left and red on the right, with the words
"KATAPATAN" on the right side, "KAPANAGUTAN" on the left side, and "KARANGALAN" on the base; a star in
each corner of the triangle representing Luzon, Visayas and Mindanao; and a bolo inside the triangle on which is
superimposed a balance.

RULE XVII
SEPARABILITY CLAUSE

If, for any reason, any section or provision of these Rules shall be held to be unconstitutional or invalid, no other
section or provision thereof shall be effected thereby.

RULE XVIII
EFFECTIVITY

The Rules shall take effect upon approval.

Done in the City of Manila, this 10th day of January, in the year of Our Lord, nineteen hundred and seventy-nine.