Del odio al amor: The young Frankenstein

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

(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) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Functions under R.A. No. 6770 (Sec. 15, RA 6770)

(1) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any i nvestigation or inquiry, including the power to examine and have access to bank accounts and records.

(2) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein.

(3) Delegate to 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.

(4) 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

 Judicial Review in Administrative Proceedings Remedy

Petition for review under Rule 43 of the Rules of Court with the Court of Appeals.

The second paragraph of Sec. 14, RA 6770, which states that “no court shall hear any appeal or application for remedy against the decision or findings of the Ombudsman, except the Supreme Court, on pure question of law” is unconstitutional. Effectively, Congress increased the appellate jurisdiction of the Supreme Court without its advice and concurrence. By confining the remedy to a Rule 45 Appeal, the provision takes away the remedy of Certiorari, grounded on errors of jurisdiction, in denigration of the judicial power constitutionally vested in courts [Carpio-Morales v. Court of Appeals, G.R. No. 217126-27 (2015)].

Decisions on resolutions of the Ombudsman in administrative cases absolving the respondent of the charge or imposing upon him the penalty of public censure or reprimand, suspension of not more than one month, or a fine equivalent to one-month salary, is final and unappealable (Agpalo, 2005).

 Judicial Review in Penal Proceedings

General Rule: Courts cannot review the exercise of discretion of the Ombudsman in prosecuting or dismissing a criminal complaint filed before it [Loquias v. Ombudsman, G.R. No. 139396 (2000)].

Exception: When the Ombudsman’s findings are tainted with grave abuse of discretion. [Carpio-Morales v. Court of Appeals, G.R. No. 217126-27 (2015)].

SANDIGANBAYAN

Nature and Composition

The Sandiganbayan is created under PD 1606, as amended by RA 8249. It is a special court, of the same level as the Court of Appeals and possessing all the inherent power of a court of  justice.

It is composed of a presiding justice and 20 associate justices, They sit in 7 divisions of 3 members each. (RA No. 10660) Exclusive Original Jurisdiction

(1) Over the following crimes, when committed by public officials and employees classified as Salary Grade 27 or higher:

A. Violations of R.A. No. 3019 and No. 1379;

B. Crime committed by public officers and employees embraces in Chapter II, Sec. 2, Title VII, Book II of the Revised Penal Code;

C. Other offenses or felonies, whether simple or complexed with other crimes, committed in relation to their office.

(2) Civil and criminal cases filed pursuant to and in connection with Executive Orders No. 1, 2, 14, and 14-a issued in 1986

Provided that the Regional Trial Court shall have exclusive original jurisdiction where the information:

(1) Does not allege any damage to the government or any bribery; or

(2) Alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding One Million Pesos (Php 1,000,000). [RA 10660 (2015)]

In the absence of any allegation that the offense charges were necessarily connected with the discharge of the duties or functions of a public officer, the ordinary court, not the Sandiganbayan has jurisdiction to hear and decide the case.

What is controlling is not whether the phrase “committed in relation to public office” appears in the Information. What determined the jurisdiction of the Sandiganbayan is the specific factual allegation in the Information that would indicate close intimacy between the discharge of the accused’s official duties and the commission of the offense charged in order to qualify the crime as having been committed in relation to public office.

The relation between the crime and the office must be direct and not accidental, that is, the re lation has to be such that, in the l egal sense, the offense cannot exist without the office.

Officials and Private Individuals Subject to its Jurisdiction Under Section 4(a, b) of PD 1606, as amended, the Sandiganbayan shall exercise exclusive original jurisdiction over the cases mentioned in (1) above where one or more of the accused are officials occupying the following positions in government, whether 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 (RA 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 Philippines 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;

(2) Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations;

(3) Members of Congress and officials thereof classified as Grade 27 and up under the Compensation and Position Classification Act of 1989;

(4) Members of the judiciary without prejudice to the provisions of the Constitution;

(5) Chairpersons and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and

(6) All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989.

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 in the proper courts which shall exercise exclusive jurisdiction over them.

Exclusive Appellate Jurisdiction

The Sandiganbayan shall exercise exclusive appellate  jurisdiction over final judgments, resolutions or orders of

regional trial courts whether in the exercise o f their own original  jurisdiction or of their appellate jurisdiction.

Appellate Jurisdiction of the Supreme Court

The appellate jurisdiction of the Supreme Court is limited to questions of law over decisions and final orders of the Sandiganbayan. [Republic v. Sandiganbayan (2002)]

ILL-GOTTEN WEALTH Ill-Gotten Wealth

Any asset, property, business enterprise or material possession of any person acquired by himself directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes:

(1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasurer;

(2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer;

(3) By the illegal and fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries;

(4) By obtaining, receiving, or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking;

(5) By establishing agricultural, industrial, or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or

(6) By taking undue advantage of official position, authority, relationship, connection of influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines. (Sec. 1, RA 7080).

Recovery of Ill-Gotten Wealth

The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel. (Sec. 15, Art. XI, Constitution)

The provision applies only to civil actions for recovery of ill-gotten wealth and not to criminal cases. Thus, prosecution of offenses arising from, relating or incident to, or involving ill-gotten wealth in the said provision may be barred by prescription (Presidential Ad-Hoc Fact Finding Committee on Behest Loans v. Desierto).

Plunder (Sec. 2, RA 7080) Punishable Acts

(1) Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other person, amasses, accumulates, or acquired ill-gotten wealth through a combination or series of overt or criminal acts in the aggregate amount or total value of at least P50,000,000.00 (as amended by Sec.

12 or RA 7659).

(2) Any person who participated with the said officer in the commission of plunder shall likewise be punished.

Penalty

Life imprisonment with perpetual absolute disqualification from holding any public office. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived

from the deposit or investment thereof forfeited in favor of the State. [ Agpalo]

ALL ELECTIVE LOCAL OFFICIALS (Sec. 8, Art. X, Constitution; Sec. 43, LGC ) Term of Office

3 years from noon of June 30, 1992 or the date provided by law.

All local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992;

(1) No official shall serve for more than 3 consecutive terms for the same position;

(2) Voluntary renunciation of the office for any length of time is not an interruption in the continuity of his service for the full term for which he was elected.

BARANGAY AND SANGGUNIANG KABATAAN  OFFICIALS

Term of Office 3 years

No barangay  elective officials shall serve for more than 3 consecutive terms in the same position

(1) Reckoned from the 1994 Barangay elections;

(2) Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.