Amendments to the Revised Rules of Criminal Procedure to Govern Death Penalty Cases

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 officer 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 officer 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 officers 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:

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Decisions and final 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.

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Decisions and final 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 file 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 final order of the Sandiganbayan imposing or affirming a penalty less than death, life imprisonment or reclusion perpetua in criminal cases, and, in civil cases, by filing 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 final 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 filing 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 five (5) days after the fifteenth (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 filing thereof by the stenographic reporter.

Whenever the Sandiganbayan, in the exercise of its appellate jurisdiction, finds 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. PUNOClerk of Court