The document discusses the Sandiganbayan, which is the Philippines' anti-graft court. It was established by the 1973 constitution and given jurisdiction over criminal and civil cases involving public officials. The Sandiganbayan is composed of a presiding justice and 14 associate justices who sit in five divisions. The court handles notable cases like those against former President Estrada and Senator Estrada. However, it faces issues like a high backlog of over 2,600 pending cases due to requirements that three justices must hear each case. Proposed reforms aim to address this by allowing single justices to accept evidence and increasing the number of divisions.
Explanation and Summary of Legislative Department in Article VI of the Philippine Constitution.
Reference Book: Philippine Governance and the 1987 Constitution
Explanation and Summary of Legislative Department in Article VI of the Philippine Constitution.
Reference Book: Philippine Governance and the 1987 Constitution
Lecture slides on the Philippine Judiciary.
These slides were for an undergraduate course on Philippine Politics and Governance I taught between 2003-2005.
Lecture slides on the Philippine Judiciary.
These slides were for an undergraduate course on Philippine Politics and Governance I taught between 2003-2005.
NAB and Corruption in Business in PakistanAyesha Majid
the core objective of this paper is to beware ourselves of what are the practices that must be avoided in practical world in Pakistan as to stay legal and avoid fraudulent practices in both private and government sector. Also in lieu of the current National Action Plan, NAB is very active in bringing the culprits within the framework of law.
CANADA'S SYSTEM OF JUSTICE
Introduction
The Canadian justice system is made up of many people who perform different roles. The court system includes a number of courts and a variety of levels in the court system. As part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
The Canadian court system consists of a number of courts and a variety of levels in the court system.
The Canadian court system consists of a number of courts and a variety of levels in the court system. There are three different types of trials: criminal, civil and administrative.
Criminal Trials – these take place in the Superior Court or Federal Court. They involve crimes such as murder, theft and frauds against society (such as embezzlement). In these cases, you may be tried by a judge alone or with two other judges who will hear your case together. You can also appeal if you feel your sentence was unfairly severe or not given enough consideration to your circumstances by an examining magistrate when he/she made his decision on whether to send someone for trial before another judge sitting alone (the jury system).
Civil Trials – these take place in Provincial Courts across Canada where parties must prove their claims against each other through evidence presented during trial proceedings conducted by either juries composed solely from laypersons selected at random from among citizens living within its borders during regular business hours (usually between 9 am -12 noon) once per month during September through June every year without fail since 1888 when British Columbia became part of Confederation."
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code.
The Charter of Rights and Freedoms is a document that outlines basic rights and freedoms in Canada. It applies to everyone charged with a crime under the Criminal Code, regardless of whether they are Canadian citizens or not.
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code. This means that if you're arrested for any offence, including possession, trafficking or simple possession (or any other criminal offence), then your constitutional protections will apply until proven otherwise by evidence at trial—even if it's later found that your alleged offence did not actually happen!
As a part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
This is the Basic facts related to Legal Aid in Bangladesh. It may help you to understand the orders, rules and policies of Legal Aid Service in Bangladesh.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
2. 2
What is Sandiganbayan?
It is a special appellate collegial court in the Philippines that has
jurisdiction over criminal and civil cases involving graft and corrupt
practices and other offenses committed by public officers and
employees, including those in government-owned or government-
controlled corporations. The special court was established by
Presidential Decree No. 1486 of the 1973 Constitution.
Basically, the anti-graft court of the Philippines
3. 3
What is Sandiganbayan?
Basically, the anti-graft court of
the Philippines
The Office of the
Ombudsman owns exclusive
authority to bring cases to the
Sandiganbayan.
4. 4
Seal of the Sandiganbayan
• 13 stars = 13 Judicial Regions
• Color Blue, Red and White = Philippine Color
• Stars on each corner of the triangle = Luzon,
Visayas, Mindanao
• Bolo = Balance
6. 6
Vision
a judicial institution that the Filipino people can rely on for the
attainment of the highest norms of official conduct required of
public officers and employees.
Mission
to give life and meaning to the constitutional precept that a
public office is a public trust
to impress upon public officers and employees that they are at
all times accountable to the people with their duty to serve with
the highest degree of responsibility, integrity, loyalty and
efficiency.
Objective
conducting expeditious trials of criminal and civil cases involving
offenses committed by public officers and employees, including
those employed in government-owned or controlled
corporations.
9. 9
Present Structure of Sandiganbayan
Composed of a Presiding Justice and fourteen
(14) Associate Justices who sit in five (5)
Divisions of three Justices each in the trial and
determination of cases
11. 11
1973 Philippine 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 government-owned or controlled corporations, in relation to
their office as may be determined by law. (Art. XIII), 1973
Constitution.”
- Article 8, Sec. 5
12. 12
Presidential Decree No. 1486
June 11, 1978
Law creating the Sandiganbayan
The same level as what were then known as
Courts of First Instance (RTC now)
13. 13
PRESIDENTIAL DECREE NO. 1606
REVISING PRESIDENTIAL DECREE NO. 1486
CREATING A SPECIAL COURT TO BE KNOWN AS
"SANDIGANBAYAN" AND FOR OTHER PURPOSES
Elevated the Sandiganbayan to
the Court of Appeals
14. 14
1987 Philippine 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.”
- Article 11, Section 4
15. 15
EDSA Revolution February 1986
Its jurisdiction broadened: Includes so-called 'ill-gotten
wealth' cases investigated by the Presidential
Commission on Good Government (PCGG) through
Executive Orders No. 14 and No. 14-A
16. 16
RA No. 7975 (1995) - AN ACT TO STRENGTHEN THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT
PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED
RA No. 8249 (1997) - AN ACT FURTHER DEFINING THE JURISDICTION OF
THE SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE
NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
17. 17
Two criteria, namely:
nature of the offense
salary grade of the public official
Jurisdiction of
Sandiganbayan
18. 18
Jurisdiction of Sandiganbayan
The Sandiganbayan shall have original exclusive jurisdiction over:
•Violation of Anti-graft and Corrupt Practices Law (RA 3019)
•Forfeitures of Illegally Acquired Wealth (RA 1379)
•Crimes committed by public officers namely
• Direct, Indirect and Qualified Bribery
• Corruption of public officials
•Other offenses or felonies whether simple or complexed with other crimes committed in relation to their
office by public officials.
•Civil and Criminal Cases filed pursuant to and in connection with Executive Orders 1, 2, 14 & 14-
A issued in 1986 (EO Nos 1, 2, 14, s. of 1986 | Recovery and Sequestration of Marcos Wealth)
•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.
•Petitions for Quo Warranto arising or that may arise in cases filed or that may be filed under EO 1, 2, 14
& 14- A
19. 19
Jurisdiction of Sandiganbayan
Provided that the accused belongs to a salary grade of 27
or higher, the Sandiganbayan has jurisdiction over:
Violation of Code of Conduct and Ethical Standards (RA 6713)
Violation of the Plunder Law (RA 7080)
Violation of The Heinous Crime Law (RA 7659)
Violation of The Anti-Money Laundering Law when committed by a public officer
(RA 9160)
Presidential Decree 46 referred to as the gift-giving decree
20. 20
Court Procedures
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.
21. 21
Termination of Cases
Section 6. Maximum period for termination of cases. As far
as practicable, the trial of cases before the Sandiganbayan
once commenced shall be continuous until terminated and the
judgment shall be rendered within three (3) months from the
date the case was submitted for decision.
23. 23
People vs Estrada
September 12, 2007
Ombudsman filed case, perjury and
plunder
Jose Velarde
Acquitted of Perjury but Guilty of
Plunder
Reclusion perpetua
Executive Clemency on October 26,
2007
24. 24
People vs Dionisio
November 27, 2013
Former Board of Nursing official Anesia Dionisio
allowed an unauthorized person access to the
2006 Nursing Board Examination Questions
Secretary typed the questions, without
permission from the PRC
Found guilty
Innocent of leaking the questions
6 years imprisonment and banned from
holding any position ever again
25. 25
Garcia Plea Bargain
Former AFP Comptroller Carlos
Garcia accused of plunder
"Plea Bargain" deal in exchange of
his guilty plea
Sandiganbayan affirmed the plea
bargain, Garcia to return Php 135
million worth of assets.
26. 26
Jun Lozada
Lozada exposed the NBN-ZTE deal involving
former President Gloria Arroyo, former
COMELEC Commissioner Benjamin Abalos
Connected to the National Broadband
Network project
Lozada, a former GOCC official, was arrested
and put on trial in Sandiganbayan in February
2013 under two counts of graft on another
graft charge.
27. 27
Jinggoy Estrada
In June 2014, plunder charges against former
Philippine senator Jinggoy Estrada and several other
members of Congress allegedly involved in the pork
barrel scam run by Janet Lim-Napoles were filed by
the Ombudsman before the Sandiganbayan. Estrada
was accused of plundering ₱183 million from
the Priority Development Assistance Fund.
29. 29
High Backlog of Cases
Senator Drilon reports that there are around 2,600
pending graft cases in the Sandiganbayan
Sandiganbayan resolves about 15% of cases filed
per year
Need of a presence of 3 justices before hearing a
case usual cause of delay
30. 30
SB 470 (Drilon)
Allows one justice to hear a case and accept evidence instead of three
SB 472 (Guingona)
Increases the Sandiganbayan divisions from 5 to 15
Assigning 7 divisions in Luzon, 4 each in Visayas and Mindanao
REFORMS INITIATED