Territorial Jurisdiction of Regional Trial Courts

Scale Office of rise Ecceary 25 AUG 20 P5:08 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. 1239 Introduced by Senator Manuel "Lito" M. Lapid AN ACT FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, AS AMENDED BY R.A. NO. 7975, R.A. NO. 8249, AND R.A. NO. 10660, ESTABLISHING TERRITORIAL JURISDICTION OF REGIONAL TRIAL COURTS ON CASES INVOLVING CORRUPT PRACTICES AND ACTS COMMITTED BY PUBLIC OFFICIALS EXPLANATORY NOTE For cases involving corrupt practices and acts supposedly committed by public officials, Presidential Decree No. 1606, as amended, provides that Regional Trial Courts (RTCs) shall have exclusive original jurisdiction where the information: (a) does not allege any damage to the government or any bribery; or (b) 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 (P 1,000,000). More particularly, the same PD, as amended, mandates that the aforementioned cases shall be tried in a judicial region other than where the official holds office. The administration of justice is always scaled between considerations of efficiency and effectiveness as well as the need to ensure that the court personnel and processes are not unduly influenced by respondent public officials, especially in such cases cognizable by the RTCs. However, since its institution in 2015, the justification that such RTC cases be heard in a place other than where the respondent public official holds office had proven illusory. More to the point, there is little evidence to show that the integrity of court officials and court processes will be compromised

simply because the venue of said cases remains in the place where the respondent public official holds office. On the other hand, conducting trials outside the place where the crime was committed present avoidable challenges for the officials tasked with the administration of justice. Evidence and witnesses will have to be transported at extended distance; reducing the efficiency and the availability of the same. This bill thus seeks to reaffirm our trust in the judiciary, its officials and employees, as well as its processes; and realigns PD 1606, as amended, with other laws respecting the venue of the cases that may involve public officials and employees (i.e. libel and cyber-libel). The Supreme Court is further empowered to promulgate rules and mechanisms to ensure that the integrity, independence, and physical safety of the members of the judiciary and their staff are protected. Once enacted and pursuant to a more efficient administration of justice, this measure shall provide that such RTC-cognizable cases be heard in the city or municipality where the respondent public official holds office. In view of the foregoing, the immediate passage of this bill is earnestly sought. Senator

Sritate 4 Difier of tie Breeinry 25 AUG 20 P5:09 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE 1239 S. No. _ Introduced by Senator Manuel "Lito" M. Lapid AN ACT FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, AS AMENDED BY R.A. NO. 7975, R.A. NO. 8249, AND R.A. NO. 10660, ESTABLISHING TERRITORIAL JURISDICTION OF REGIONAL TRIAL COURTS ON CASES INVOLVING CORRUPT PRACTICES AND ACTS COMMITTED BY PUBLIC OFFICIALS e it enacted by the Senate and House of Representatives of the Philippines / onaress assemblea

SECTION 1. Section 4 of Presidential Decree No. 1606, as amended, is hereby

further amended to read as follows: "SEC. 4. Jurisdiction. - The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving: "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, Section 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 and 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 state government-owned or controlled corporations, universities or educational institutions or foundations. "(2) Members of Congress and officials thereof classified as Grade '27' and higher 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 the 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 or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a. of this section 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. "Provided, That the Regional Trial Court shall have exclusive original jurisdiction where the information: (a) does not allege any damage to the government or any bribery; or (b) 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 (P1,000,000.00). "[Subject to the rules promulgated by the Supreme Court, t]The cases falling under the jurisdiction of the Regional Trial Court under this section shall be tried in [a judicial region other than] THE CITY OR MUNICIPALITY where the official holds office UNLESS OTHERWISE DETERMINED BY THE SUPREME COURT. THE SUPREME COURT SHALL PROVIDE FOR RULES AND/OR MECHANISMS THAT SHALL UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE COURTS AND PROTECT MEMBERS OF THE JUDICIARY AND OTHER COURT OFFICIALS. "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 and 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 jurisdictions as provided in Batas Pambansa Blg. 129, as amended. XXX"

SEC. 2. Separability Clause. If any provision of this Act shall be declared

unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.

SEC. 3. Repealing Clause. - All other laws, decrees, executive orders and

9 issuances, proclamations, rules and regulations, and other issuances or parts thereof that are inconsistent with the provisions of this Act are hereby repealed or amended, accordingly.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,