The Supreme Court shall have the following powers:
x x x
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. (Sec. 5, Art. VIII, 1987 Constitution) |
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The plunder case of Estrada was assigned to the Third Division of the Sandiganbayan. The defense filed a Request for Re-Raffle in view of the "shifting and uncertain nature of the composition of the Third Division", citing as bases therefor the compulsory retirement of Associate Justice Ilarde and the indefinite leave of absence of Associate Justice Badoy. The Special Prosecution Panel filed an Opposition arguing that there was no assurance that the other divisions would have a complete set of members since "changes in membership in any one of the divisions will surely occur every now and then occasioned by death, resignation, optional or mandatory retirement, promotion or other causes.
In response to the Request for Re-Raffle and the Opposition to Request for Re-Raffle, the Sandiganbayan (En Banc) issued Resolution No. 01-2002 captioned Re: Request for the Creation of a Special Division to Try the Plunder Case. The Resolution recommends that "the cases against former President Joseph Ejercito Estrada and those accused with him be referred to a special division created by constitutional authority of the Supreme Court composed of three justices with two alternates in case of temporary absence of any of the three to be chosen from among the present composition of this Court who will be able to participate therein until the termination of said cases."
Issue:
In response to the Request for Re-Raffle and the Opposition to Request for Re-Raffle, the Sandiganbayan (En Banc) issued Resolution No. 01-2002 captioned Re: Request for the Creation of a Special Division to Try the Plunder Case. The Resolution recommends that "the cases against former President Joseph Ejercito Estrada and those accused with him be referred to a special division created by constitutional authority of the Supreme Court composed of three justices with two alternates in case of temporary absence of any of the three to be chosen from among the present composition of this Court who will be able to participate therein until the termination of said cases."
Issue:
May the SC create as special division of the Sandiganbayan to hear, try and decide the Plunder Case of Estrada?
Held:
Yes. Under Sec. 5, par. 5, Art. VIII, of the 1987 Constitution, the Supreme Court has the power to promulgate rules concerning the protection and enforcement of constitutional rights and procedure in all courts, including the Sandiganbayan. Accordingly, given the nature of the Plunder Case and cases related thereto, the prominence of the principal accused and the importance of the immediate resolution of the cases to the Filipino people and the Philippine Government, this Court, in the interest of justice and the speedy disposition of cases, with due regard to the procedural and substantive rights of the accused, deems it best to create a Special Division of the Sandiganbayan to be composed of members mentioned in the immediately preceeding paragraph. This Special Division shall hear, try and decide with dispatch the Plunder Case and all related cases filed or which may hereafter be filed against former President Joseph Ejercito Estrada and those accused with him, until they are resolved, decided and terminated.(Re: Request for Creation of a Special Division, Adm. Matter No. 02-1-07-SC. January 21, 2002)
Yes. Under Sec. 5, par. 5, Art. VIII, of the 1987 Constitution, the Supreme Court has the power to promulgate rules concerning the protection and enforcement of constitutional rights and procedure in all courts, including the Sandiganbayan. Accordingly, given the nature of the Plunder Case and cases related thereto, the prominence of the principal accused and the importance of the immediate resolution of the cases to the Filipino people and the Philippine Government, this Court, in the interest of justice and the speedy disposition of cases, with due regard to the procedural and substantive rights of the accused, deems it best to create a Special Division of the Sandiganbayan to be composed of members mentioned in the immediately preceeding paragraph. This Special Division shall hear, try and decide with dispatch the Plunder Case and all related cases filed or which may hereafter be filed against former President Joseph Ejercito Estrada and those accused with him, until they are resolved, decided and terminated.(Re: Request for Creation of a Special Division, Adm. Matter No. 02-1-07-SC. January 21, 2002)
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