A that the rate be reasonable and just american

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Unformatted text preview: a public officer? A: Yes. “In case private individuals are charged as co‐principals, accomplices or accessories with the public officers or employees, they shall be tried jointly with said public officers and employees. (Section 4, PD 1606)” “Private persons may be charged together with public officers to avoid repeated and unnecessary presentation of witnesses and exhibits against conspirators in different venues, especially of the issues involved are the same. It follows therefore that if a private person may be tried jointly with public officers, he may also be convicted jointly with them, as in the case of the present petitioners.” (Balmadrid v. Sandiganbayan, 1991) Q: What determines the jurisdiction whether or not the Sandiganbayan or the RTC has jurisdiction over the case? A: It shall be determined by the allegations in the information specifically on whether or not the acts complained of were committed in relation to the official functions of the accused. It is required that the charge be set forth with particularity as will reasonably indicate that the exact offense which the accused is alleged to have committed is one in relation to his office. (Lacson v. Executive Secretary¸G.R. No. 128096 January 20, 1999) Note: In Binay v. Sandiganbayan, G.R. Nos. 120681‐ 83, October 1, 1999, the Supreme Court discussed the ramifications of Section 7, RA 8249, as follows: 144 1. 2. If trial of the cases pending before whatever court has already begun as of the approval of RA 8249, the law does not apply; If trial of cases pending before whatever court has not begun as of the approval of RA 8249, then the law applies, and the rules are: i. If the Sandiganbayan has jurisdiction over a case pending before it, then it retains jurisdiction; ii. If the Sandiganbayan has no jurisdiction over a cased pending before it, the case shall be referred to the regular courts; iii. If the Sandiganbayan has jurisdiction over a case pending before a regular court, the latter loses jurisdiction and the same shall be referred to the Sandiganbayan; iv. If a regular court has jurisdiction over a case...
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This document was uploaded on 03/12/2014.

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