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Can the Supreme Court create a Special Division of the Sandiganbayan which will hear and decide the plunder case against former Pres. Estrada?


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.

The designation of temporary alternate members may be properly addressed later. Meanwhile, until otherwise revoked, the Acting Presiding Justice is authorized to designate from time to time, an alternate member to be drawn from the remaining members of the Sandiganbayan as the exigencies of the service may require. (In Re: Request for Creation of a Special Division, A.M. No. 02-1-07-SC, January 21, 2002)

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