October 12, 2004

A.M. No. 00-5-03-SC

Gentlemen :
Quoted hereunder, for your information, is a resolution of the Court En Banc
dated 12 October 2004
A.M. No. 00-5-03-SC. — Re: Amendments to the Revised Rules of Criminal
Procedure to Govern Death Penalty Cases
For consideration of the Court is the letter dated October 4, 2004 of Justice
Edilberto G. Sandoval, Acting Presiding Justice, Sandiganbayan, submitting the
following observations on the Amendments to the Revised Rules of Criminal Procedure
to Govern Death Penalty Cases which will take effect on October 15, 2004:
First, It is silent on the judgment of conviction rendered by the
Sandiganbayan imposing Life Imprisonment, Reclusion Perpetua or Death
penalty.
Second, It does not cover the situation where a public o cer with a
salary grade lower than 27 but charged with violation of Anti-Graft Laws was
sentenced to Life Imprisonment, Reclusion Perpetua or Death penalty.
Third, Neither does it cover the cases where a public o cer charged with
common crimes (non-graft offenses) but committed in relation to the
performance of his duties was meted the said penalties. Thus, where a police
sergeant was indicted for murder alleged to have been committed in the
performance of his duties and was sentenced to any of the penalties mentioned,
will the Court of Appeals have appellate jurisdiction? It is clear though that if the
penalty imposed is lower because of mitigating circumstances, the appeal will
be elevated to the Sandiganbayan.
Considering that the Sandiganbayan was created as a special court with
exclusive original jurisdiction over criminal cases committed by public o cers and
employees (Presidential Decree No. 1601, as amended, Section 4); considering further
that as a court of justice, it is "of the same level as the Court of Appeals" (Id. Section 1);
the Court RESOLVES that the amendments to the Revised Rules of Criminal Procedure
to Govern Death Penalty Cases do not apply to decisions of the Sandiganbayan where
the penalty imposed is death, reclusion perpetua or life imprisonment. Appeals from
said judgment of convictions of the Sandiganbayan are still governed by Section 7 of
Presidential Decree No. 1606, as amended, and the Revised Internal Rules of the
Sandiganbayan implementing the same, particularly Rule X thereof.
We quote for emphasis the following:
Section 7 of P.D. No. 1606, as amended:
xxx xxx xxx
Decisions and nal orders of the Sandiganbayan shall be appealable to
the Supreme Court by petition for review on certiorari raising pure questions of
law in accordance with Rule 45 of the Rules of Court. Whenever, in any case
decided by the Sandiganbayan, the penalty of reclusion perpetua, life
imprisonment or death is imposed, the decision shall be appealable to the
Supreme Court in the manner prescribed in the Rules of Court.
xxx xxx xxx
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 Decisions and nal orders of other courts, in cases cognizable by said
courts under this Decree as well as those rendered by them in the exercise of
their appellate jurisdiction shall be appealable to, or be reviewable by, the
Sandiganbayan in the manner provided by Rule 122 of the Rules of Court.
In case, however, the imposed penalty by the Sandiganbayan or the
regional trial court in the proper exercise of their respective jurisdiction, is death,
review by the Supreme Court shall be automatic, whether or not the accused le
an appeal.
Rule X, Revised Internal Rules of the Sandiganbayan:
Review of Judgments and Final Orders
SEC. 1. Method of Review. —
(a) In General. — A party may appeal from a judgment or nal order of
the Sandiganbayan imposing or a rming a penalty less than death, life
imprisonment or reclusion perpetua in criminal cases, and, in civil cases, by
ling with the Supreme Court a petition for review on certiorari in accordance
with Rule 45 of the 1997 Rules of Civil Procedure.
(b) Exceptions — Where the judgment or nal order of the
Sandiganbayan, in the exercise of its original jurisdiction, imposes the penalty
of life imprisonment or reclusion perpetua or where a lesser penalty is imposed
involving offenses committed on the same occasion or which arose out of the
same occurrence that gave rise to the more serious offense for which the
penalty of death, reclusion perpetua or life imprisonment is imposed, the appeal
shall be taken by ling a notice of appeal with the Sandiganbayan and serving
a copy thereof to the adverse party.
(c) Automatic Appeal — Whenever the Sandiganbayan in the exercise of
its original jurisdiction imposes the death penalty, the records shall be
forwarded to the Supreme Court for automatic review and judgment within ve
(5) days after the fteenth (15th) day following the promulgation of the
judgment or notice of denial of a Motion for New Trial or Reconsideration. The
transcript shall also be forwarded within ten (10) days after the ling thereof by
the stenographic reporter.
Whenever the Sandiganbayan, in the exercise of its appellate jurisdiction,
nds that the penalty of death, reclusion perpetua or life imprisonment should
be imposed, it shall render judgment accordingly. However, it shall refrain from
entering the judgment and forthwith certify the case and elevate its entire record
to the Supreme Court for review.
Let this resolution be published for the guidance of all concerned.
Morales, Azcuna and Chico-Nazario, JJ., on leave.

Very truly yours,

(SGD.) LUZVIMINDA D. PUNO

Clerk of Court
Supreme Court of the Philippines

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