SEC. 3, RULE I, Civ Pro
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Cases governed. — These Rules shall govern the procedure to be observed in actions, civil or
criminal and special proceedings.
(a) A civil action is one by which a party sues another for the enforcement or protection of a right,
or the prevention or redress of a wrong, (1a, R2)
A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil
actions, subject to the specific rules prescribed for a special civil action. (n)
(b) A criminal action is one by which the State prosecutes a person for an act or omission
punishable by law. (n)
(c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or a
particular fact. (2a, R2)
ART. VIII, SEC. 5, PH Consti
The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in
question.
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only an error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and
legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
R.A. 6770 (Ombudsman Act), SEC.
Powers, Functions and Duties. — The Office of the Ombudsman shall have the following powers,
functions and duties:
(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any
public officer or employee, office or agency, when such act or omission appears to be illegal,
unjust, improper or inefficient.t has primary jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from
any investigatory agency of Government, the investigation of such cases;
(2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of
any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled
corporations with original charter, to perform and expedite any act or duty required by law, or to
stop, prevent, and correct any abuse or impropriety in the performance of duties;
(3) Direct the officer concerned to take appropriate action against a public officer or employee at
fault or who neglect to perform an act or discharge a duty required by law, and recommend his
removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith;
or enforce its disciplinary authority as provided in Section 21 of this Act: provided, that the refusal
by any officer without just cause to comply with an order of the Ombudsman to remove, suspend,
demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to
perform an act or discharge a duty required by law shall be a ground for disciplinary action against
said officer;
(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may
provide in its rules of procedure, to furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or use of public funds or
properties, and report any irregularity to the Commission on Audit for appropriate action;
(5) Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents;
(6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2),
(3) and (4) hereof, when circumstances so warrant and with due prudence: provided, that the
Ombudsman under its rules and regulations may determine what cases may not be made public:
provided, further, that any publicity issued by the Ombudsman shall be balanced, fair and true;
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government, and make recommendations for their elimination and the observance of high
standards of ethics and efficiency;
(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any
investigation or inquiry, including the power to examine and have access to bank accounts and
records;
(9) Punish for contempt in accordance with the Rules of Court and under the same procedure and
with the same penalties provided therein;
(10) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall
ensure the effective exercise or performance of the powers, functions, and duties herein or
hereinafter provided;
(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained
wealth amassed after February 25, 1986 and the prosecution of the parties involved therein.
P.D. 1606 as amended by R.A. 8249 (Creating a Special Court known as Sandiganbayan)
SEC. 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, Republic Act No. 1379, and Chapter II, Sec. 2, Title VII, 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:
"(a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan and provincial treasurers, assessors, engineers and other
provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors engineers and other city department heads;
"(c) Officials 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;
"(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 government-owned or -
controlled corporations, state universities or educational institutions or
foundations;
"(2) Members of Congress and officials thereof classified as Grade'27'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 Constitutional Commissions, without prejudice to the
provisions of the Constitution; and
"(5) All other national and local officials classified as Grade'27'and higher under the
Compensation and Position Classification Act of 1989.
"b. Other offenses orfelonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subSec. a of this Sec. in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14
and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions corresponding to salary grade '27' 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,
metropolitan trial court, municipal trial court and municipal circuit trial court ' as the case may be,
pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 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 orof their
appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the
writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs
and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos.
1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall 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. 1, 2, 14 and 14-A,
issued in 1986.
"In case private individuals are charged as co-principals, accomplices or accessories with 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.
"Any 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 be simultaneously
instituted 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 carry with it the
filing of the civil action, and no right to reserve the filing of such civil action separately from the
criminal action shall be recognized: Provided, however, That where 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 Sandiganbayan or the appropriate court, as the case may be, for consolidation
and joint determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned."
SEC. 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.