Philippine Bar review · Question

Practice question: Sandiganbayan (PD 1606, as amended by RA 10660)

Multiple Choice Hard

Practice question

A qualifying official’s offense was committed in 2010, and the case was filed after RA 10660 took effect. The accused relies solely on the new no-damage-or-bribery proviso to demand transfer, claiming the filing date makes the amended jurisdiction rule retroactive. Which is correct?
  1. The filing date alone necessarily applies the new proviso to the 2010 offense
  2. Section 5 makes the jurisdiction amendment apply to offenses committed after effectivity; the 2010 case requires the governing earlier jurisdictional law
  3. Every pending case was automatically dismissed in 2015
  4. A post-2015 hearing always converts the commission date to 2024
  5. Jurisdiction is determined solely by the date of retirement

Legal references

  • https://lawphil.net/statutes/repacts/ra2015/ra_10660_2015.html — sections 2 and 5, current PD 1606 section 4 jurisdiction, information-based RTC exceptions, official classifications, private co-accused and prospective jurisdiction amendment.
  • https://lawphil.net/judjuris/juri2020/sep2020/gr_251177_2020.html — Non v. Office of the Ombudsman, G.R. No. 251177, September 8, 2020, no alleged government damage or bribery and RTC jurisdiction under RA 10660.
  • https://lawphil.net/judjuris/juri2022/oct2022/gr_237815_2022.html — Fua, Jr. v. People, G.R. No. 237815, October 12, 2022, May 5, 2015 effectivity and prospective application of jurisdiction changes.

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