Press Release
February 26, 2014

CO-SPONSORSHIP SPEECH ON SBN 2138
UNDER COMMITTEE REP. No. 15

(SANDIGANBAYAN BILL)
By Senate President Franklin M. Drilon

Mr. President, my distinguished colleagues, good afternoon.

"Justice delayed is justice denied"--a maxim we are all familiar with--remains relevant today as it has been when it was first uttered more than a century ago.

While we long to believe that a hundred years of political revolution and socio-economic evolution has transformed our governmental institutions into unfailing instruments of justice and has therefore rendered such maxim obsolete, reality unfortunately dictates otherwise. Despite the numerous advancements that have been incorporated in our judicial system through the years, justice continues to be as elusive as it has been during the infancy of our republic.

The Sandiganbayan, when it was established forty years ago, was regarded as a trailblazing institution that arose from our unique experience in public governance. It was indeed an effective public accountability mechanism that adequately responded to the needs of that time. However, as our judicial structure becomes more ingenious, so does graft and other malfeasance. In fact, we now have a list of known offenses involving public officials that is longer than ever before.

As currently structured, the Sandiganbayan completes the proceedings of a case--from the filing of the information to promulgation of judgment--in about seven years. This dismal rate of disposition reflects the heavily clogged dockets of the court, given that the cases filed before it has multiplied over the years. Such a drawn-out process of litigation is injustice in itself.

This inability to swiftly achieve the objective for which it was created can be attributed to the anti-graft court's systemic limitations, considering that it has nearly been two decades since the Sandiganbayan Law has undergone legislative amendment. As a result, this public accountability weapon, which used to be tagged as a frontrunner in defeating corruption, now occupies the last spot in the race towards good governance.

If we are to outrun graft and corruption, it is imperative that we resuscitate and recondition our existing prosecutorial and adjudicatory institutions against this opponent. It is in this light, Mr. President, that I present to this august chamber, on behalf of the Committee on Justice and Human Rights, Senate Bill No. 2138, under Committee Report No. 15, entitled "An Act Further Amending Presidential Decree No. 1606, as amended."

This bill seeks to introduce three innovations in the Sandiganbayan Law: first is the introduction of the "justice-designate" concept; second is the transfer of so-called minor cases to the Regional Trial Courts; and last is a modification of the voting requirement in rendering decision.

The first innovation under the measure, which is the "justice-designate" system, entails the amendment of Section 5 of the Sandiganbayan Charter that currently requires the presence of all three members of a Division before a case could be heard. This bill capacitates the individual members of a division to hear and receive evidence, and resolve incidents arising during such session for the day, in behalf of the division to which he or she belongs. To further expedite the proceedings, the measure likewise allows session to be held upon the attendance of two members of a division, instead of all three, as presently required.

Nevertheless, consistent with the principle of collegiality, all three members of the division shall be required to deliberate and decide the case, after all pieces of evidence have been presented. This new concept is expected to accelerate the pace of case disposition, with minimal cost to the government.

The second modification under the bill involves the streamlining of the anti-graft court's jurisdiction, which will enable the Sandiganbayan to concentrate its resources in resolving the most significant cases filed against public officials. The bill seeks to amend Section 4 of the law by transferring jurisdiction over cases that are classified as "minor" to the Regional Trial Courts, which have the sufficient capability and competence to handle these cases. Under this measure, "minor cases" shall pertain to those where the information does not allege any damage or bribe; those that allege damage or bribe that are unquantifiable; or those that allege damage or bribe arising from the same or closely related transactions or acts not exceeding One Million Pesos.

As of the last quarter of 2013, about 60% of the cases before the Sandiganbayan constitute "minor cases". With this amendment, the court will be empowered to focus on the most notorious cases and be able to render judgment in a matter of months.

The last innovation we seek to introduce in this measure is the modification of the voting requirement for promulgation of judgment. Under the Section 5 of the Sandiganbayan Law, the unanimous vote of all three members is necessary for the rendition of final order. Failure to reach unanimity shall require the constitution of a special division of five members. We would like to stress that the constitution of this special division alone takes about four months, which further adds to the delay of disposition. Instead of the swift culmination of cases already submitted for the resolution, the agony for both the accused and the public is further prolonged. Hence, we propose under the bill that a concurrence of two members be sufficient for promulgation of judgment.

In addressing the limitations of the anti-graft court through these amendments, we are mindful of the constitutionally guaranteed rights of the accused. After all, it has been said that justice cannot be for one side alone, but must be for both. To guard against being an ex post facto legislation, the bill expressly provides that the amendments to the Sandiganbayan's jurisdiction and voting requirement for promulgation of judgement shall only apply to cases arising from offenses committed after the effectivity of such measure.

Ultimately, the most potent deterrent against the spread of corruption is the certainty of punishment and expeditiousness of the proceedings, by boosting the structural capability of our anti-graft mechanisms.

With these cutting edge proposals, we are confident that not only will the Sandiganbayan catch up with the pace of graft and corruption in public institutions; such court will actually beat it to the finish line in this marathon to good governance. With these strategic changes, we can now move forward and regain our title in this race because, as has been said, "we don't want to be remembered as a beaten champion."

For all these reasons, I urge the support of this august chamber for the passage of Senate Bill No. 2138 under Committee Report No. 15. Thank you very much.

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