Court of Appeals and

the Sandiganbayan
Jose De Guzman
Carys Gil Galao-ey
Rosel Joy Provido
Batas Pam bansa 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
O rganization 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
O rganization 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 Pow ers 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
Exercise of pow ers 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.
O riginalJurisdiction 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 O riginalJurisdiction

Actions for annulment of judgments

of Regional Trial Courts
Petitions under Rule 65 (Certiorari)
involving an act or omission of a
quasi-judicial agency
 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
Q uorum 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.
Q uorum 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.
Q uorum 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
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.
 O riginalExclusive Jurisdictionof 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.

 O riginalExclusive Jurisdictionof 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;

 O riginalExclusive Jurisdictionof 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;
O riginalExclusive Jurisdictionof 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.
O riginalExclusive Jurisdictionof 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
O riginalExclusive Jurisdictionof 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
O riginalExclusive Jurisdictionof 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
O riginalExclusive Jurisdictionof 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
N O TE:

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.