proposed philippine jury law
DESCRIPTION
Draft of the Proposed Philippine Jury Law.TRANSCRIPT
1
NATIONAL JURY LAW & PROCEDURES
Master Judicial Procedural Enforcement Law and Rules
To Enable the People To Exercise their Sovereign Deciding Power in Justice.
TABLE OF CONTENTS DESCRIPTION PAGE NO.
THE PREAMBLE - The Reason, Basis, and Objective of the Jury Law . . . . 1
ARTICLE I - Adoption of the Jury System . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 1 - Authority for the Creation of the Jury System . . . . . . . . 3
Section 2 - Democratic master and servant relationship . . . . . . . . . 3
Section 3 - Whistle Blower Protection . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4 - Prior Indictment of Accused Before Trial of Accused . . . 4
Section 5 - Validity of Jury Provision . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 6 - Transparency Requirements in Public Service . . . . . . . . 4
Section 7 - Jury Duty of Citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 8 - Superiority of Public Initiative Over Congressional . . . . . 5
Section 9 - Coverage and Jurisdiction of the Jury Systems . . . . . . . . 5
Section 10 - No Public Official Is Immune from Jury Action . . . . . . . . 5
Section 11 - No Preferential Jail Accommodation shall be
Permitted To Any Accused Public Official . . . . . . . . . . . . 6
Section 12 - Punishment for Discriminatory Jail Accommodation
Of Accused Public Official or Any Person . . . . . . . . . . . 6
Section 13 - Violator of Section 11 and 12 if Impeachable
official shall be ground for his impeachment . . . . . . . . . 6
2
Section 14 - Punishment of Private Citizen in violation of
Anti-discrimination in jail accommodation . . . . . . . . . . . . 7
ARTICLE II - TYPES AND PRINCIPLES OF THE NATIONAL JURY LAW. . . . 8
Section 1 - Grand Jury and Trial Jury are
the Types of Jury Systems. . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 2 - Jury System shall serve as the Common Front
of the People to Prevent Graft and Corruption . . . . . . . . . 8
Section 3 - No Person or Public Official has power to order
Disclosure Name of Juror or Stop Jury Function . . . . . . . 9
Section 4 - Selection of Jurors by Lottery is Mandatory.
Selection by Appointment Shall Be Void . . . . . . . . . . . . . . 9
Section 5 - Trial Defense Attorney Absolutely Prohibited
from Representing Multiple Accused Clients. . . . . . . . . . . 9
Section 6 - Joint liability of Government Entity
and Its Agent in serving the Public . . . . . . . . . . . . . . . . . . 10
Section 7 - Juries Shall have the Power to
Function In Time of Martial Law . . . . . . . . . . . . . . . . . . . . 10
Section 8 - Indemnity to Jurors In the Event of
Injury or Death Arising from Jury Service . . . . . . . . . . . . . 11
Section 9 - Any Person Found Guilty of Serious Criminal Offense
Barred from Occupying Public Office Regardless of
Of Presidential Pardon and Forfeit Retirement Benefits . . 13
Section 10 - Juror, or his heir, claiming indemnity entitled to Hire his
Attorney on Contingency at Government Expense . . . . . . 13
Section 11 - Client-Attorney contract with contingency attorney’s fee . . 13
Section 12- Mandatory for Lawyers to open “Clients’ Trust Account” . . 13
3
ARTICLE III - THE GRAND JURY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 1 - The Sovereign Power of the Grand Jury . . . . . . . . . . . . . . 14
Section 2 - The Power of the Grand Jury
To Function is Self-Autonomous . . . . . . . . . . . . . . . . . . . . 14
Section 3 - The Composition of the Grand Jury . . . . . . . . . . . . . . . . . . 14
Section 4 - Qualification of the Members of the Grand Jury . . . . . . . . . 14
Section 5 - Functions of the Grand Jury . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 6 - Grand Jury to Function with Utmost Secrecy . . . . . . . . . . . 17
Section 7 - Public Contact with Grand Jury or
Grand Jurors is Absolute Prohibited . . . . . . . . . . . . . . . . . . 17
Section 8 - Certain Objects Any Person is Absolutely Prohibited
from Bringing into the Grand Jury Room . . . . . . . . . . . . . . . 18
Section 9 - Division of a Province or City Into Grand Jury Districts . . . . 18
Section 10 - Authority Responsible in Dividing a Province
Or City Into Grand Jury Districts . . . . . . . . . . . . . . . . . . . . 18
Section 11 - Period To Commence Designation of Grand District
Construction of Grand Jury Rooms And Facilities . . . . . . . 18
Section 12 - Sanctions On Authorities Who Fail to Comply
with Duty to Designate and Create Grand Jury
District and Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 13 - Disauthorization of Treasurers and Paymasters To
Pay Salaries and Allowances of Authorities For
Non-Compliance of Duties under the Jury Law . . . . . . . . 19
Section 14 - Criminal Liability of Treasurers or Paymasters For
Non-Compliance of his Duties under the Jury Law. . . . . . . 19
Section 15 - Secrecy of the Location of the Grand Jury Room . . . . . . . . 20
4
Section 16 - The Public and Public Officials Are Absolutely
Prohibited From Entering a Grand Jury Room . . . . . . . . . . 20
Section 17 - Requirement in Presenting a Criminal Complaint
Before the Grand Jury by a Government Prosecutor
Or By a Lawyer in Behalf of his Complaining Client . . . . . . 20
Section 18 - Victims, Eyewitness, Taxpayer’s Group May Initiate
Criminal Complaint Directly with Grand Jury . . . . . . . . . . . 20
Section 19 - In Filing Criminal Complaint With Grand Jury a
Separate List of Witnesses, Apart of Complaint,
Must be Attached to the Complaint . . . . . . . . . . . . . . . . . . 21
Section 20 - Personal Delivery Requirements In Filing a
Private Criminal Complaint with the Grand Jury . . . . . . . . . 21
Section 21 - Strict Secrecy in Filing Complaint Is Required.
Must be filed before 3:00 P.M. on Working Day . . . . . . . . . 21
Section 22 - Anybody involved in filing of complaint with Grand
Jury is required to keep Matter Strictly Confidential . . . . . 22
Section 23 - No lawyer, prosecutor, fiscal, or third party is allowed
to cross examine a witness before the Grand Jury. . . . . . . 22
Section 24 - Statutory Standard Grand Jury Instruction . . . . . . . . . . . . . 23
Section 25 - Role of Government in the Function of the Grand
Jury is Strictly Advisory and Has no Control over . . . . . . . . 52
Section 26 - Subpoena Powers of the Grand Jury.
Enforceable Anywhere in the Philippines . . . . . . . . . . . . . . 52
Section 27 - Secrecy of the filing of the GJ criminal indictment. . . . . . . . 52
Section 28 - Grand Jury Jurisdiction To Investigate and To File
Indictment In Court. No Judge has the Power to
Restrain the Function of the Grand Jury . . . . . . . . . . . . . . . 53
Section 29 - The Power of the Grand Jury to File Disciplinary
Complaints against licensed professionals . . . . . . . . . . . . . 53
5
Section 30 - Affidavit Not Required to Initiate Grand
Jury Criminal or Disciplinary Actions. . . . . . . . . . . . . . . . . 53
Section 31 - Swearing witness - The Grand Jury as a
Group or its members individually has power
to administer Oath of a Witness . . . . . . . . . . . . . . . . . . . . 54
Section 32 - Location and Set Up of the Grand Jury Room. . . . . . . . . . 54
Section 33 - Executive Judge Is Principally Responsible in
Organizing the Grand Jury or Grand Juries in
His Judicial District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Section 34 - Clerk of Court or Jury Commissioner of the Executive
Judge Is Responsible of Maintaining the Grand Jury
Room and Facilities in his District. . . . . . . . . . . . . . . . . . . . 54
Section 35 - All Proceedings of the Grand Jury are Strictly
Confidential Even if Martial Law is Declared . . . . . . . . . . . 54
Section 36 - Grand Jury Records cannot be subject to Subpoena
Duces Tecum or Writ of Habeas Records. Its Members
Cannot be Arrested Until End of their Term of Office. . . . . . 55
Section 37 - Grand Jury Members, Clerk of Court, Executive
Judge Cannot be Compelled to Disclose Any
Matters for publicity relating to the Grand Jury . . . . . . . . . . 55
Section 38 - Violation by any Person or Public Official of Section 36
With Violent Means, Force, or Threat or Intimidation is
Criminally liable for the Crime of Obstruction of Justice . . . 55
Section 39 - No Banking Secrecy Law Can Prevent Execution and
Compliance of Grand Jury Subpoena, Subpoena
Duces Tecum or Examination of Bank Records . . . . . . . . . 55
Section 40 - Grand Jury Invitation by Summons of Any Expert
For Official, Professional Consultation or Advice. . . . . . . . . 55
6
Section 41 - Grand Jury Indictment Shall Disqualify any
Person From Aspiring to Hold a Public Office
By Election Or by Appointment . . . . . . . . . . . . . . . . . . . . . . 55
Section 42 - The Inaugural Formation of the Grand Jury
Is Strictly Confidential and Conducted by the
District Executive or Regional Trial Judge . . . . . . . . . . . . . . 56
Section 43 - Security of Personal Records of Grand Jury
Members And Safekeeping Responsibility of
their Inaugural Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Section 44 - Falsification of Collective Decision by any Grand Juror
or Officer Is Liable for Indictment for the Crime of
Obstruction of Justice by any Succeeding Grand Jury. . . . . 57
Section 45 - Requirements For Filing of Accusations in Court as
Originally initiated by the Government To Secure
Prior Grand Jury Review and Approval . . . . . . . . . . . . . . . . 57
Section 46 - Grand Jury Shall Finish Investigation and Indictment In
45 days from receipt of the case from the Government . . . . 57
Section 47 - Liability of Prosecutor for failure to comply with
his duty in the preceding Section 45 upon direct
complaint with the Grand Jury by the crime victim . . . . . . . 57
Section 48 - Grand Jury proceedings cannot be publicized.
Only one (1) witness is admitted for questioning
with no right of assistance from prosecutor . . . . . . . . . . . . 57
Section 49 - Person who testify before the grand jury
has duty to tell the truth mandatorily to all
questions by grand jury members . . . . . . . . . . . . . . . . . . . . 57
Section 50 - Power of Grand Jury to issue subpoena or subpoena
duces tecum. No person has the right to appear
before a Grand Jury unless served with subpoena. . . . . . . 58
7
Section 51 - Person appearing as witness or invitee before the
grand jury has legal obligation and right to refuse
disclosure to his superior or subordinate officers of
matters he learned at the grand jury proceedings. . . . . . . . 58
Section 52 - Employer or officers of employer’s liability for
discrimination of employee for testifying
before a Grand Jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Section 53 - Liability for disobedience or refusal to testify before
the Grand Jury upon receipt of subpoena, subpoena
duces tecum or summons . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Section 54 - Liability of any person or public official in preventing
a witness from testifying before the Grand Jury. . . . . . . . . . 58
Section 55 - No law or any rule can prohibit a Grand Jury from
exercising the sovereign power of the people in its
efforts to investigate serious crimes. . . . . . . . . . . . . . . . . . . 58
Section 56 - Absolutely, no one is exempt from Grand Jury
Investigation under the National Jury Law. . . . . . . . . . . . . . 59
IMMUNITY IN CERTAIN BRIBERY CASES
Section 57 - Immunity from prosecution in bribery. . . . . . . . . . . . . . . . . . 59
(a) When giver is a private citizen and
Recipient is a public official; . . . . . . . . . . . . . . . . . . . . . 59
(b) When giver is a public official and the
recipient Is likewise a public official or a
A voter to elect candidate for public office. . . . . . . . . . 59
Section 58 - Void written or unwritten agreement
in bribery crimes in Section 57(a) . . . . . . . . . . . . . . . . . . . 59
Section 59 - Void written or unwritten agreement
In bribery crimes in Section 57(b) . . . . . . . . . . . . . . . . . . . 60
8
Section 60 - Power of the Grand Jury To Indict for obstruction of
justice of any person or public official who refuses
to appear in an investigation before a Congressional
Committee or Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Section 61 - Power of the Grand Jury To indict for obstruction of
Justice of any person or public official who disobeys
Certain Writs issued by Judicial Authorities . . . . . . . . . . . . 60
Section 62 - Power of the Grand Jury to Indict for obstruction of
justice of any person who disobeys a subpoena or
subpoena duces tecum issued by certain Government
Commissions to investigate graft and corruption . .. . . . . . 60
Section 63 - Limitation of Grand Jury Powers; No absolute duty to
inform crime suspect; Crime suspects have no right to
send his attorney to a grand proceedings. . . . . . . . . . . . . . 60
Section 64 - Grand Jury Investigations not bound by hearsay rules
Of evidence; Has no power to employ deceptive tactics. . . 60
Section 65 - A matter dropped from investigation by a grand jury
shall not prevent a future grand jury from reopening
the same matter for further investigation . . . . . . . . . . . . . . 60
Section 66 - Criminal investigations and indictments initiated by
Government Departments and Agencies are subject to
approval by the Grand Jury in the form of an indictment . . 61
Section 67 - Grand Jury Advertisement Invitation for Anonymous
Crime Tipsters and Whistle Blowers Without disclosing
Their names or identity to the Grand Jury . . . . . . . . . . . . . 61
Section 68 - Enforcement of Grand Jury subpoena and other
process outside its jury district to any public official,
employee or citizen outside its jury district . . . . . . . . . . . . . 61
Section 69 - Outside the Grand Jury premises, the Clerk of Court
has the sole authority to allow, or deny, any person
or public official to enter the Grand Jury Room . . . . . . . . . 61
9
Section 70 - Clerk of Court has power and authority to disarm any
person, public official, or witness who is entering the
Grand Jury room to testify in the grand jury proceedings . . 61
Section 71 - Filing of Grand Jury Indictment; Issuance of Arrest
Warrant; Arrest of Accused; All Activities held in Secret . . 62
(a) Upon completion of the preparation of the indictment,
the grand jury foreman shall summon the Clerk of
Court on Form GJ-41 in Section 99 to file indictment. . 62
(b) Clerk of Court shall keep filing of indictment with
utmost secrecy. He shall make no publicity . . . . . . . . 62
(c) Within 2 working days from filing date of indictment,
Presiding Judge shall issue arrest warrant to take
the accused into government custody. . . . . . . . . . . 62
(d) If presiding judge refuse to issue arrest warrant,
he must return the indictment within 2 days to
grand jury with legal reason . . . . . . . . . . . . . . . . 62
(e) Arresting Officer within 5 working days from date
he received the arrest warrant from the issuing
judge, shall execute arrest of the accused; Shall
keep arrest in secret; Make no announcement . . . . . . 62
(f) Within 2 hours after taking the accused into
custody, the Arresting Officer shall take the
accused for booking in jail for detention . . . . . . . . . . . . 62
(g) Jail Warden to inform the attorney or closest
relative of the accused or the intake officer
of the Public Attorney’s Office . . . . . . . . . . . . . . . . . . . 62
Section 72 - Criminal Liability for undue interference in the issuance
or execution of arrest warrant over the accused . . . . . . . . 63
Section 73 - After the filing of grand jury indictment, government
prosecutor shall have further duty to discover more
evidence and continue keeping matter confidentially. . . . . . 63
10
INVESTIGATION AND INDICTMENT OF PUBLIC OFFIC IALS
Section 74 - Indictment of the President and other
Public officials by the Grand Jury . . . . . . . . . . . . . . . . . . . . 64
Section 75 - Trial Procedure if accused after arraignment fails or
Refuse to appear at the trial in spite of notice to him or
his counsel; Liability of Defense Counsel for failure to
attend personally or for boycotting the trial . . . . . . . . . . . . . 64
Section 76 - Presidential Succession, If President is convicted.
Imprisonment; Possible Avoidance of Incarceration . . . . . . 65
(a) If the President is found guilty and convicted,
the Vice-President shall automatically become
President upon finality of his conviction . . . . . . . . . . . . 65
(b) The convicted President may avoid incarceration if
He complies with conditions in sub-sections (c), (d),
(e), (f) and (g), of this Section 76 of this Jury Law . . . . 65
(c) He shall prepare and Form GJ-51 as prescribed
in Section 99, Article III, of the National Jury Law . . . . 65
(d) He shall disclose in Form GJ-51 all money bank
deposits and real estate and personal property in
the PH and in every country around the world . . . . . . . 65
(e) He shall disclose in Form GJ-51, all confirmed
and verifiable liabilities and indebtedness in his
last SALN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
(f) The total amount of compensation, salaries or wages,
in the entire length of his government service shall
be deducted from his net Assets . . . . . . . . . . . . . . . . . 65
(g) He shall pay in full with cash on a Bank Manager’s
Certified Check the net amount of his liability as
computed in sub-section (f) in this Sec. of Article III . . 65
11
Section 77 - Should the convicted president attempt to conceal any
of his assets with falsified SALN, he shall incur an
additional criminal liability for Obstruction of Justice . . . . . . 65
Section 78 - The 30-day period to resign and to pay his monetary
liability cannot be extended for any reason. Transfer
Of Assets shall be void. His discharge from insolvency
Shall be denied. Barred for life to hold a public office . . . . 66
Section 79 - Indicted President shall lose power to declare martial
law. Martial law declaration holds him personally
responsible for criminal acts of army and police officers
based on command responsibility doctrine . . . . . . . . . . . . . 66
Section 80 - Execution of Arrest Warrant Against the President;
His presidential powers are suspended; Barred from
exercising his prerogatives directly or indirectly . . . . . . . . . . 66
Section 81 - After the President is Arrested, the Arresting Officer
shall promptly inform the Vice-President. They shall
contact the Chief Justice for oath taking of VP as . . . . . 66
Section 82 - VP after oath taking, presidential powers automatically
devolved on the Acting President and shall then
announce his assumption of presidential powers . . . . . . 66
Section 83 - VP to inform the People of President’s indictment
and arrest and mentioning the crimes the President
has allegedly committed . . . . . . . . . . . . . . . . . . . . . . . . . 66
Section 84 - Members of Arm Forces of the Philippines and
Philippine National Police shall automatically channel
support and loyalty to Acting President . . . . . . . . . . . . . 67
Section 85 - When execution of arrest warrant upon the
President is deemed constructively complete . . . . . . . . 67
Section 86 - Refusal of an indicted public official to surrender upon
arrest shall be deemed fugitive from justice, shall be
liable for crime of obstruction of justice, his attempted
official acts shall be void . . . . . . . . . . . . . . . . . . . . . . . . . 67
12
Section 87 - Rule suspending and succession of official powers of
an indicted president shall likewise apply to all other
indicted public, legislative, and judicial officials . . . . . . . . 67
Section 88 - Payment Authorization by indicted Official Void.
Payment of public expenditure including salaries
and wage of officials and employees shall not be
paid unless approved by success to his position . . . . . . . . . 67
Section 89 - Treasurer or paymaster has no authority to pay
expenses and salaries of officials and employees;
Shall be personally accountable for payments made . . . . . 68
Section 90 - A successor to the convicted or resigned president
shall serve in office no more than longer than the
unexpired term of such president . . . . . . . . . . . . . . . . . . . . 68
Section 91 - Author of a preemptive malicious impeachment
complaint in Congress purposely to frustrate an
impending bonafide impeachment complaint shall
be liable for the crime of obstruction of justice . . . . . . . . . . 68
GRAND JURY INVESTIGATION OF JAIL FACILITIES
Section 92 - Grand Jury on its own initiative may investigate jail
facilities in its own Jury District . . . . . . . . . . . . . . . . . . . . . . 68
(a) Demand from Warden to provide list of jail
staff with names, home addresses, pay rates . . . . . . . 68
(b) List of Inmates, case number, length of
Incarceration, cell location, etc. . . . . . . . . . . . . . . . . . 68
(c) A post card size picture of the common
mess hall of the inmates . . . . . . . . . . . . . . . . . . . . . . . . 68
(d) A post card size picture of the inmate toilets. . . . . . . . . 68
13
(e) Failure of the Warden or Jail Director to submit
desired information shall warrant indictment for
the crime of obstruction of justice . . . . . . . . . . . . . . . . . 68
Section 93 - Start Up Instruction to the Grand Jury to
Investigate a jail facility in his jury district . . . . . . . . . . . . . . 69
THE FORGIVING CLAUSE AND
THE PURGATORY CLAUSE
Section 94 - Forgiving Clause -
(a) An official or employee of the government may
be forgiven for abstaining from acts of corruption
after adoption of Jury Law. Certain requirements . . . . 69
(b) Execution of Form GJ-51 in Sec. 99, Art III and
Form TJ-134 in Sec. 2, Art. X is mandatory. . . . . . . . . 69
Section 95 - Pending Cases and the Purgatory Clause . . . . . . . . . . . . . . 69
(a) The accused in pending bribery case may avail of
benefits of forgiving clause under preceding Sec.
94(a)&(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
(b) Forgiving Clause not Applicable to crimes of
Obstruction of Justice, electoral terrorism or
Electoral fraud, brigandage, and many others . . . . . . . 70
(c) Continuing acts of bribery after passage of jury law
Not entitled to the benefits of forgiving clause . . . . . . . 70
(d) Continued possession of ill-gotten wealth,
Unless crime suspect execute Form GJ-51,
Sec. 99, Art III, etc. Art. X, shall disqualify
the accused from benefits of Forgiving Clause . . . . . . 70
(e) An accused already been arraigned before effective
date of Jury Law, but trial not yet started shall be
required to stand trial before a trial jury. . . . . . . . . . . . 70
14
Section 96 - If Grand Jury investigate staff member of the court
where GJ members were recruited, the case shall
be filed in a different court house . . . . . . . . . . . . . . . . . . . 71
Section 97 - A Provision in the Omnibus Election Code in conflict
With National Jury Law shall be superseded or
repealed by the provision of the National Jury Law . . . . . 71
(a) No law or court order can stop a Grand Jury from
investigating or indicting a public official who had
been proclaimed as election winner and suspected
to have won by fraudulent means . . . . . . . . . . . . . . . . 71
(b) Any public official or notary public who administers
the oath of office for a manifestly fraudulent winner
in an election for public office may be held criminally
liable for obstruction of justice . . . . . . . . . . . . . . . . . . . 71
(c) A participant in the act of violating the rules in (a)
and (b) above, if found guilty, shall suffer the
maximum penalty provided by the election law of
the National Jury Law . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Section 98 - Preserving the identity of a witness from
disclosure prior to the giving of his testimony
in a criminal trial is required . . . . . . . . . . . . . . . . . . . . . . 71
(a) A prosecution witness subpoenaed by Grand
Jury enjoys absolute anonymity until he has
been sworn to testify in a jury or bench trial . . . . . . . . . 71
(b) No such witness shall be called to testify in a
civil trial until a verdict is handed down in the
criminal trial against the accused . . . . . . . . . . . . . . . . . 71
(c) Any person who shall disclose the identity of a
witness who has testified before a grand jury shall
be liable for the crime of obstruction of justice . . . . . . . 71
(d) Prosecutor has obligation to disclose the number,
but the name, of his witnesses and estimated length
of time they testify on direct examination before the
witness is sworn to testify at the trial. . . . . . . . . . . . . . 72
15
(e) Once a prosecution witness has been sworn and has
given his true name and identity, the start of his
testimony shall not be postponed to another hour or
day until completion with over time if necessary . . . . . 72
(f) If estimated that no direct or cross examination
prosecution can be completed on same day he
is sworn due to time constraint said witness shall
be sworn on the first hour of the next court day to
allow him to start his testimony . . . . . . . . . . . . . . . . . . . 72
(g) Once prosecution witness has been sworn to testify,
he shall promptly be afforded immediate protection
by enrolling him in the Witness Protection Program . . 72
Section 99 - The Grand Jury Table of Forms.
Find the Page locator of the forms at . . . . . . . . . . . . . . . . .72
Section 100 - Creation of the Position for Community Deputy
Prosecutors, referred to as CDP, to be recruited
From Private Practicians Lawyers with prior
Court Trial Experience for at least 3 years . . . . . . . . . . . . 211
Section 101 - Qualification of the Community Deputy Prosecutor
and required preparation to prosecute criminal
cases in jury trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Section 102 - CDP Application Form. This is a Durable
w Form which means that Applicant Cannot
alter its terms. How to Apply for CDP . . . . . . . . . . . . . . . . 211
Section 103 - The promissory undertaking of the CDP to serve . . . . . . . 211
Section 104 - CDP Application to be submitted personally
and entered in a raffle bin at the Provincial
or city fiscal’s office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Section 105 - Newspaper Advertisement to Invite CDP Applicants . . . . 212
Section 106 - Registry Record Form for assigned Cases to the CDP . . 213
16
Section 107 - Creation of the Position of Deputy Public Defenders
for Indigent Accused or Minor. To ensure availability
of Deputy Public Defenders to defend at the trial of
suspected indigent crime offenders or minors. . . . . . . . . 213
Section 108 - Qualification of the Deputy Public Defender
and required preparation to act as defense
Counsel in jury trials . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
Section 109 - Deputy Public Defender’s Application Form. This is
a Durable Form. It cannot be modified by Applicant . . . . . 213
Section 110 - The promissory undertaking of the
Deputy Public Defender to serve . . . . . . . . . . . . . . . . . 214
Section 111 - The Deputy Public Defenders’ Pool. Where and
How to Submit Applicant’s Application Form . . . . . . . . 214
Section 112 - Newspaper Advertisement to Invite
Applicants to the Public Defenders’ Pool . . . . . . . . . . . 215
Section 113 - Registry Record for Assigned Cases to Deputy
Public Defenders. Provincial or City Public Attorney’s
Office Shall be Responsible to keep this Record. . . . . . 215
Section 114 - Guide for Fast track adaptation
to the criminal jury trials . . . . . . . . . . . . . . . . . . . . . . . . 215
ARTICLE IV - THE TRIAL JURY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
Section 1 - The Trial Jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
(a) Composition of a Trial Jury
And Qualification of Jurors. . . . . . . . . . . . . . . . . . . . . 218
(b) The Jury Commissioner (or Clerk of Court)
His Duties in Inviting and Management of Jurors. . . . 218
(c) Summons for Citizens to Serve for Jury Duty . . . . . . . 218
17
Section 2 - Confidential Proceedings Prior to
the Actual Event of the Jury Trial . . . . . . . . . . . . . . . . . . . 218
(1) The Confidential “In Chamber Conference”
a day or two before actual jury trial begins . . . . . . . . 219
(2) The actual event of the jury trial shall start with the
impaneling of the jurors. Followed by Issuance of
Statutory Basic Trial Jury Instruction . . . . . . . . . . . . . 219
(3) In the court room, the true names of the jurors
shall not be disclosed. They will be addressed
or identified with the Identity Code Number for
security reasons . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 219
Section 3 - The first location where juror shall be assembled will be
at the Jury Assembly Room, called the “JAR”, under the
management of the Jury Commissioner or Clerk . . . . . . . .219
Section 4 - At the JAR: Filling up of Impaneling Question Sheet
(or IQS) form by the Jurors for deposit in Raffle Bin#2 . . . 219
Section 5 - How to Use The IQS and the ICN: Through the IQS,
the trial lawyers and the presiding judge shall determine
whether a juror is acceptable to serve or not . . . . . . . . . . 219
Section 6 - After accomplishing his Form TJ-109A , the juror shall
then submit it back to the Commissioner or Clerk of
Court who shall drop the same in a separate lottery bin,
designated as “Lottery Bin #2", for jurors who appeared
for jury service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Section 7 - Before the jurors are called in, members of the public
or media shall not be permitted any vacant seat in the
Jury Trial Court Room (JTCR) . . . . . . . . . . . . . . . . . . . . . 220
Section 8 - At exactly 9:00 A.M., the Commissioner or Clerk
shall retrieve from the raffle bin the IQS Forms
TJ-109A, one at a time, a number of jurors sufficient
for impaneling the jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
18
Section 9 - At the JTCR, the IQS shall, again, be entered in
a lottery bin in the desk of the presiding judge which
shall then be retrieved one at time until 12 jurors
shall be picked to serve for jury service . . . . . . . . . . . . . . 221
Section 10 - Jury Impaneling shall be strictly confidential.
Televising Is absolutely forbidden until
completion of jury impaneling . . . . . . . . . . . . . . . . . . . . . . 221
Section 11 - Impaneling of Jurors is the exclusive joint prerogative
by the Jury Presiding Judge and the opposing counsels
in the case. Violation is punishable for obstruction of
justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 221
Section 12 - Challenge to the Jurors, aka Voi Dire. . . . . . . . . . . . . . . . 221
(a) The procedure of choosing jurors by lottery for the
second time. When juror’s ICN is called, the owner
of said ICN shall respond and sit in the jurors’ seat.
PJ to ask some questions to the seated juror . . . . . . 221
(b) After PJ questioning, he asks opposing lawyers to
or decline any of the seated jurors. This process
requires no arguments. PJ ministerially thanks and
excuses a juror from serving . . . . . . . . . . . . . . . . . . . 222
(c) The Sheriff to lead back declined jurors to the Jury
Commissioner for possible reassignment in another
case for jury trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Section 13 - The prosecutor and defense attorneys each
have 7 preemptory right to decline a juror with
or without cause. No lawyer is permitted to decline
more than 7 jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Section 14 - The first 12 jurors chosen shall sit as regular jurors and
the last 3 chosen shall serve as alternate reserves . . . . . 222
Section 15 - After the jury is impaneled and declined jurors are
sent back to the JAR, PJ shall admit people not party
to the case and media to the Jury Trial Court Room . . . . 222
19
Section 16 - Empowerment of the Trial Jury . . . . . . . . . . . . . . . . . . . . 222
(1) PJ to proceed issuance of basic jury instruction
as prescribed in Form TJ-108. Instruction will be
interpreted simultaneously in the local dial of jurors. . 222
(2) The presiding judge shall enforce court discipline
and to rule on the admission of evidence in the
course of the jury trial . . . . . . . . . . . . . . . . . . . . . . . . 222
(3) Except during the presentation of the evidence at
the trial, PJ has no authority to partake in the jury
discussion and in deciding the case. The power to
determine facts of case belongs to the Jury. . . . . . . . 222
Section 17 - Any person or public official who shall contact a 3rd
party with purpose of influencing a juror in making his
decision is criminally liable for the crime of obstruction
of justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Section 18 - The 3rd party referred to in the preceding section
who interferes directly or indirectly on a jury in a case
at hand is also liable for the crime of obstruction of
justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Section 19 - A Juror subject of solicitation has legal obligation to
report the solicitor for investigation to a grand jury.
Failure to do so, juror liable for obstruction of justice . . . . 222
Section 20 - A 3rd Party who has received from a public official or
government employee any solicitation with the view of
influencing a juror in deciding case at hand shall . . . . . . . 224
Section 21 - A Juror who has been influenced in deciding a case
at hand in which he has seated at as a juror is liable
of the crime of obstruction of justice. . . . . . . . . . . . . . . . . 224
Section 22 - A Jury Presiding Judge is under legal obligation to
report to the grand jury any act of solicitation to
influence the decision of the jury over which he is . . . . . . 224
20
Section 23 - A lawyer in a case at hand who contacts a public
official to help secure a favorable judgment in his
case before a trial jury or a judge is liable for . . . . . . . . . 224
Section 24 - A person found guilty of the act of obstruction of
justice as defined in the preceding Sections 17,
18, 19, 20, 21, 22 and 23, of this Article, Article IV . . . . . 225
Section 25 - If the accused is found guilty of a crime associated
with the crime of obstruction of justice that carries
with a higher penalty, such penalty shall be imposed. . . . 225
Section 26 - An act or omission over a mandatory duty defined
as a crime of obstruction of justice in this Law shall
prescribe at the end of ten (10) years and . . . . . . . . . . . . 225
Section 27 - A subordinate government employee or officer has
The authority and mandatory obligation to secretly
report to a grand jury for investigation and. . . . . . . . . . . . 225
Section 28 - The findings of fact by the trial jury shall be final and
shall not be subject of review on appeal. An error of
law may be appealed by either party to a case . . . . . . . 225
Section 29 - Any justice of a Sandiganbayan may act
as a presiding judge over a jury trial . . . . . . . . . . . . . . . . 225
PRO TEMP JURY PRESIDING JUDGE
Section 30 - Creation of the Position for Pro Temp Jury
Presiding Judge And Payment of his Services . . . . . . . 226
(1) Creation of Pro Temp Jury Presiding Judge and
Courts where they will be qualified to preside . . . . . 226
(2) Compensation for the services of Pro Temp
Jury Presiding Judge shall be paid through the
“Unconditional Non-transferable Redeemable
Judicial Voucher, known as the “Form GJ-27" . . . 226
21
Section 31 - Qualification of the Pro Temp Jury PJ . . . . . . . . . . . . . . 226
Section 32 - How to Apply for the Position of Pro Temp Jury PJ . . . . . 226
Section 33 - The promissory undertaking in the Application
by the Pro Temp Jury Presiding Judge . . . . . . . . . . . . . . 227
Section 34 - Law and Ethics Required for Pro Temp Jury PJ . . . . . . . 228
Section 35 - How To Invite Private Practicians Lawyers to
become members of the Pro Temp Jury PJ Pool . . . . . 228
CIVIL JURY TRIAL
Section 36 - Civil jury trials- Pleadings & Practices . . . . . . . . . . . . . . . 228
Section 37 - Prohibition and Criminal Liability of any person,
Judge justice or any public official in influencing
any juror or jury which way to decide a case . . . . . . . . . . 230
Section 38 - Prohibition and Criminal Liability of any Prosecutor,
Counsel for the Plaintiff or Counsel for the defendant
to influence a juror or jury outside of court or jury trial
after he has rested his case. . . . . . . . . . . . . . . . . . . 230
Section 39 - Prohibition and Criminal Liability of any judge,
justice, or his staff member from participating in
the deliberation of a jury in arriving at its verdict . . . . . . . 230
Section 40 - Filing Fee on indigent litigant . . . . . . . . . . . . . . . . . . . . . 230
Section 41 - Pauper Litigants and Contingent Attorney’s Fee . . . . . . . 230
ARTICLE V - DEFINITION OF TERMS AND COMPLIANCE . . . . . . . . . . . . . 231
Section 1 - Definition of “Obstruction of Justice” and Penalties . . . . . 231
Section 2 - Preventing witnesses from testifying. . . . . . . . . . . . . . . . . 231
Section 3 - Altering, destroying, suppressing or concealing
any paper, record, document, or object with intent. . . . . . 231
22
Section 4 - Harboring or concealing, or facilitating the escape of
any person he knows, or has reasonable ground to . . . . 231
Section 5 - Publicly using a fictitious name for the purpose of
concealing a crime, evading prosecution or the
execution of a judgment . . . . . . . . . . . . . . . . . . . . . . . . . 231
Section 6 - Delaying the prosecution of criminal cases by
Obstructing the service of process or court . . . . . . . . . . . 231
Section 7 - Making or presenting an oral statement or testimony
under oath or using any record, document, paper or. . . . 231
Section 8 - Soliciting, accepting, or agreeing to accept any benefit
in consideration of abstaining from, discontinuing, or . . . 232
Section 9 - Threatening directly or indirectly another with the
infliction of any wrong upon his person, honor or . . . . . . 232
Section 10 - Giving of false or fabricated information to mislead
or prevent the law enforcement agencies from
apprehending the offender or from protecting the . . . . . . 232
Section 11 - Contacting by a lawyer or an associate or friend of
such lawyer with a public official for the purpose of
securing the influence of such public official to . . . . . . . . 232
Section 12 - Active or passive co-operation of an employer, job
supervisor or co-employee with any person or public
official to influence the decision of its employee . . . . . . . 232
Section 13 - Failure of a juror to comply with his mandatory duty
to report within thirty (30) days to a grand jury from
the date of his receipt of any direct solicitation or . . . . . . 232
Section 14 - Failure of an employer, job supervisor, or co-employee
of a juror to comply with his mandatory obligation
within thirty (30) days from the receipt by such . . . . . . . . 232
Section 15 - A decision by a juror in a jury trial based on a solicited
decision by any person, public official, employer, job
supervisor or co-employee regardless of whether . . . . . . 232
23
Section 16 - Failure of a presiding judge in a bench trial or jury trial
of his mandatory obligation to report to a grand jury
within thirty (30) days of his receipt of a solicitation . . . . . 233
Section 17 - Failure of a government prosecutor to comply with his
mandatory duty to commence government criminal
accusation of the act of securing the grand jury
indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Section 18 - Disobedience by any public official or person of a writ
of amparo, writ of habeas corpus, or writ of habeas
data issued by the Supreme Court, Court of Appeals . . . 233
Section 19 - Disobedience by any public official or person of a
subpoena, subpoena duces tecum or summons
issued by the Ombudsman, Commission on Audit, etc. . . 233
Section 20 - Intentional failure of a person or witness of his
obligation to tell the truth in his testimony before
a grand jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Section 21 - Disclosure to another person or public official, or
failure by a witness, also known as “invitee”, to
comply with his legal obligation to strictly keep in . . . . . . 233
Section 22 - Disobedience or refusal by any person or public
official to testify before a grand jury by disregarding
his receipt of a subpoena, etc. . . . . . . . . . . . . . . . . . . . . 233
Section 23 - Preventing by any person or public official of a
witness from testifying before a grand jury by any
means of aiding witness for any purpose. . . . . . . . . . . . . 233
Section 24 - Termination, demotion in rank or position or
relocation of employment of a witness who has . . . . . . . 234
Section 25 - Refusal by a witness who is a giver or an offeror in the
crime of bribery to testify before the grand jury against
the recipient of his bribe and such witness has been . . . . 237
Section 26 - Interference or participation in court or from
elsewhere by telephone, email communication,
or by any electronic device by any person . . . . . . . . . . . . 234
24
Section 27 - Failure of a trial presiding judge in a jury trial to
comply with his mandatory duty to report to the
grand jury within thirty (30) days of the act of . . . . . . . . 234
Section 28 - Failure of a subordinate officer or employee in
the public service to perform his mandatory duty
within thirty (30) days of his knowledge . . . . . . . . . . . . . . 234
Section 29 - Failure or neglect of a police or military officer to
comply with his personal mandatory obligation to
provide preference of protection to a citizen . . . . . . . . . . 234
Section 30 - Omission, deviation or alteration by the presiding
judge in the reading or issuance of the statutory
basic jury instruction of the National Jury Law. . . . . . . . . 234
Section 31 - Failure or refusal by a presiding judge to comply with
his mandatory duty to report to the grand jury within
thirty (30) days of the dismissal of a criminal case . . . . . 234
Section 32 - Surreptitious attendance or intrusion in the formation
proceedings of a grand jury by any person or public
official or government employee or permission by . . . . . 235
Section 33 - The arrest or detention of a person with or without
cause who is a juror in a grand jury or trial jury
while reporting to and from between his place . . . . . . . . 235
Section 34 - Purposely delaying by a vehicle driver or operator
in delivering a juror whom he has provided a ride,
whether paid or as a courtesy passenger, . . . . . . . . . . . 235
Section 35 - An open announcement by a driver or transportation
operator by means of a visible placard in his vehicle
to the effect that he is a provider for a courtesy ride
for a juror or jurors . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 235
Section 36 - Failure of a person to appear to testify as a witness
in a civil or criminal trial before a court of law who
has been properly served and has received. . . . . . . . . . 235
25
Section 37 - Willful refusal or failure of a person, public official, or
an official of a responsible party by the use of an or
dilatory act or acts or act of defalcation of funds . . . . . . 235
Section 38 - Departure from the Philippines by a person or
public official for a foreign jurisdiction or country
for any purpose knowing that he has committed . . . . . . . 235
Section 39 - Suppression by, or failure of, a government or
private prosecutor or fiscal, or by a presiding judge
in conspiracy with such government or private . . . . . . . . 236
Section 40 - Public display or parading of a crime suspect
as a publicity exhibit prior to conviction . . . . . . . . . . . . . . 236
Section 41 - Forcing a crime suspect to confess his alleged
crime by any person or public officer through
torture or any forceful means . . . . . . . . . . . . . . . . . . . . . . 236
Section 42 - Failure of a lawyer or lawyers of the president in
attending at the scheduled firm trial date of the
president who has been criminally indicted . . . . . . . . . . 236
Section 43 - Disclosure or publicity of additionally discovered
evidence or names of witnesses to any person or
member of the media by a government prosecutor . . . . . 236
Section 44. Preparation by, or dictation of, an
attorney in making an affidavit of desistance
contrary to the intended will of the affiant victim. . . . . . . 236
Section 45 - Conversation by an attorney with a trial juror on duty
on any matter outside the jury trial proceedings while
a case at hand is still in progress prior to the reading. . . . 237
Section 46 - Failure of the lead attorney or counsel of the president
to attend a firm date of trial when the president is on
trial before a trial jury upon the indictment by . . . . . . . . 237
Section 47 - The act of filing by any person of a preemptive
impeachment complaint in Congress against the
convicted president with the view of protecting . . . . . . . . 237
26
Section 48 - The act of preventing or discouraging, in any
manner, a citizen who has receive a summons
for jury duty from serving as a juror in a jury trial . . . . . . 237
Section 49 - The act of disclosing or gossiping about a grand jury
investigation by any witness who has received a grand
jury summons or who has testified before said Body. . . . 237
Section 50 - The act of knowingly participating in any sham or mock
judicial trial, hearing or proceedings for the purpose of
harassment shall be criminally punishable as . . . . . . . . . 237
Section 51 - Filing a complaint before a prosecutor's office or before
a grand jury or before a court of law knowing that such
act is based on a completely false allegation of facts . . . 237
Section 52 - Liability of the lawyer who shall provide legal assistance
in committing the act or acts described in the immediate
preceding Section 50, or Section 51, knowing that the
action of his client is a total falsity . . . . . . . . . . . . . . . . . . 237
Section 53 - Any member of a grand jury who shall be criminally
liable for committing the crime of bribery shall be
deemed a public officer as defined in Article 210 . . . . . . 238
Section 54 - The act of any indicted government official referred to
in Article III, Section 74 in refusing to be taken into
government custody by an arresting officer . . . . . . . . . . 238
Section 55 - Violation of the prohibited acts in Article I of this Law
shall subject the violator liable for the crime of
obstruction of justice and penalty of imprisonment . . . . . 238
Section 56 - Any surreptitious act of giving a false testimony
or official report by an investigator, to cover-up
the commission of a crime . . . . . . . . . . . . . . . . . . . . . . . . 238
Section 57 - Interference and intrusion into the jury by a presiding
judge or a member of his office staff, or by prosecuting
attorney or defense attorney, after the case has been
submitted for jury deliberation and decision . . . . . . . . . . . 238
27
Section 58 - “Employer” shall mean any natural person who hired
the juror to perform a certain job with, or without, pay
for the former’s personal affairs or business regardless
of length of time of employment for such person . . . . . . . 238
Section 59 - “Job supervisor” shall mean any person towards
whom the juror receives instructions in executing
his job at any given time or location . . . . . . . . . . . . . . . . . 238
Section 60 - “Co-employee” shall mean any person with whom
the juror is employed in the same employer or
organization of any nature or purpose . . . . . . . . . . . . . . . 239
Section 61 - Definition of “Public official” or “public officer” as used
in the context of the National Jury Law who occupies
a position in any government instrumentality . . . . . . . . . . 239
Section 62 - Definition of “Public service” in the context of the
National Jury Law and Procedures . . . . . . . . . . . . . . . . . 239
Section 63 - Debarment: Situations leading to the lose of
one’s professional license or position in a
government instrumentality. Verify sub-sections
(a), (b), (c), and (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
Section 64 - Right of subrogation and monetary reimbursement of
criminal and civil liability in favor of the government over,
and from, acts of public official. Read more details in
sub-sections (a), (b), (c) and (d) under this section . . . . . 240
Section 65 - Obstruction of Justice after the fact - Reckless
negligence or intentional failure of a person or
public official to prevent occurrence of a serious
offense by reason of his title or position. . . . . . . . . . . . . . . 241
28
ARTICLE VI - NATIONAL JURY MANAGEMENT AUTHORITY . . . . . . . 242
Section 1 - The Management Authority charged with the
implementation and functioning of the National
Jury Law & Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
Section 2 - Name of the Management Authority: The “National
Jury Management Authority” and may be known in
brief as the “NJMA”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
Section 3 - Procedures on How to Start and Conduct The Jury Trial . . 242
Section 4 - Submitting the case to the Jury
for deliberation and decision . . . . . . . . . . . . . . . . . . . . . . 246
ARTICLE VII - MANDATORY TRIAL BY JURY AND EXCEPTIONS . . . 247
Section 1 - Trial By Jury shall become mandatory
upon passage of the National Jury Law . . . . . . . . . . . . 247
Section 2 - Plea bargaining; Requirements . . . . . . . . . . . . . . . . . . . 247
Section 3 - Liability of by judge or any public official
for intervening in plea bargaining. . . . . . . . . . . . . . . . . . . 248
Section 4 - Role of Judge ministerial once condition and
terms of agreement for bargaining are fully
complied as required by law. . . . . . . . . . . . . . . . . . . . . . . 248
Section 5 - Conditions for Acceptance of PBA . . . . . . . . . . . . . . . . . 248
Section 6 - Judge No power to approve PBA before victim is paid
of Indemnity Damage and Government for Penalty
Fine is paid with certified bank manager’s check. . . . . . . 249
Section 7 - Indemnity for damage to victim and penalty fine to
government not extinguished with insolvency and
bankruptcy of crime offender . . . . . . . . . . . . . . . . . . . . . . 249
29
Section 8 - Penalty to be imposed if accused
plead guilty to multiple criminal charges. . . . . . . . . . . . . . 249
Section 9 - If accused plead guilty to lesser offense and
allowed to post bail, accused must surrender
his passport to court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
Section 10 - In crimes punishable with imprisonment less than
one year, accused may be tried with no jury before
a judge unless he requests for jury trial . . . . . . . . . . . . . 250
Section 11 - If accused found guilty, refuses to execute Form
GJ-51 and Form TJ-134, shall incur criminal liability
for obstruction of justice with penalty of 15 years of
imprisonment in jail without the possibility of parol . . . . . . 250
ARTICLE VIII - QUALIFICATION FOR TRIAL JURY MEMBERS . . . . . . 251
Section 1 - Qualification for Members of Trial Jury . . . . . . . . . . . . . . . 251
Section 2 - Government official or employee, close relatives
or lawyer are disqualified from seating as trial jurors . . . . 251
Section 3 - Jury or jurors cannot be compelled to explain
explain reason for its, or their, verdict. . . . . . . . . . . . . . . . 251
Section 4 - Retired government official or employee qualified
to sit as juror after 24 months of his retirement from
government service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
Section 5 - Person convicted of crime involving moral
turpitude barred from jury service . . . . . . . . . . . . . . . . . . . 252
Section 6 - Person claiming royalty or nobility status
cannot qualify for jury service . . . . . . . . . . . . . . . . . . . . . . 252
Section 7 - No citizen shall be served with summons
for jury duty more than once each year . . . . . . . . . . . . . . 252
30
Section 8 - A citizen summon for jury duty entitled
to jury fee for reporting to court even if
not seated as a juror in a jury trial. . . . . . . . . . . . . . . . . . . 252
Section 9 - The rate of the trial juror's fee shall be
equivalent to the legal minimum wage rate. . . . . . . . . . . . 252
ARTICLE IX - FUNDING THE JURY SYSTEM,
SECURITY, AND RELATED MATTERS. . . . . . . . . . . . . . 253
Section 1 - Congress shall appropriate Jury funds
upon recommendation of the National
Jury Management Authority. . . . . . . . . . . . . . . . . . . . . . . 253
Section 2 - Additional Funding for the Jury System . . . . . . . . . . . . . . 253
SECURITY MATTERS
Section 3 - Armed services of government have
paramount duty to protect citizens serving
as jurors over and above public servants. . . . . . . . . . . . . 254
Section 4 - Armed service personnel liable for
obstruction of justice for failure to
provide protection to a juror or jury. . . . . . . . . . . . . . . . . . 254
Section 5 - Citizen on jury duty not subject to arrest in
going to court and from home to serve . . . . . . . . . . . . . . 255
TRANSPORTATION FOR JURORS
Section 6 - Passenger transportation operators
have obligation to provide transportation
services to a citizen who is serving as a juror. . . . . . . . . . 255
NOON TIME MEAL FOR JURORS
OF THE TRIAL JURY
Section 7 - Transportation provider or driver is forbidden to
announce or publish that it is specially providing
transportation for Jurors to preserve juror identity . . . . . . 256
31
Section 8 - Trial Jurors’ Noon Time Meal at government expense . . . 256
Section 9 - Responsibility of Jury Commissioner or Clerk of
the Clerk of Court to enter into a contract with
food servers to feed jurors. . . . . . . . . . . . . . . . . . . . . . . . 256
Section 10 - Eatery Location and Noon Meal Time . . . . . . . . . . . . . . . 256
NOON TIME MEAL FOR THE
MEMBERS OF THE GRAND JURY
Section 11 - Noon Time Meal For the Members of
the Grand Jury at government expense . . . . . . . . . . . . . . 257
Section 12 - It shall be the duty of the Clerk of Court to enter
into a contract with a food caterer to serve the
meals for the grand jurors . . . . . . . . . . . . . . . . . . . . . . . . 257
Section 13 - The grand jurors’ food shall be rationed and
delivered to the Clerk of Court with the aid
of his deputy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
Section 14 - Form TJ-129 shall similarly be used for the
food ticket for the members of the Grand Jury
which shall be paid via the Form GJ-27. . . . . . . . . . . . . . 257
ARTICLE X - TRIAL JURY TABLE OF FORMS AND
PRINTABLE FORMS( Index of Forms) . . . . . . . . . . . . . . 258
Section 1 - Table of the Trial Jury Forms and Index. . . . . . . . . . . . . . 258
ARTICLE XI - IMPLEMENTING AUTHORITY OF THE
NATIONAL JURY LAW AND PROCEDURES . . . . . . . . . 360
Section 1 - The National Jury Management Authority,
Composition, Officers, Power and functions. . . . . . . . . . . 360
Section 2 - Creation of Reserve pool for pro-temp presiding
jury trial judges, community deputy prosecutors,
defense attorneys for indigent persons . . . . . . . . . . . . . . 361
Section 3 - Creation of the position of Jury Commissioner . . . . . . . . 362
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Section 4 - Proceeding the case for jury trial. . . . . . . . . . . . . . . . . . . 362
Section 5 - The sovereignty of the people serving as jurors . . . . . . . 366
Section 6 - The “Confidential In Chamber Conference” . . . . . . . . . . 366
Section 7 - Prohibition against forcing fellow juror which way
to decide matter; Replacement of Juror who is
scared to write his vote to decide the case . . . . . . . . . . . 367
Section 8 - The jury Deliberation and verdict. . . . . . . . . . . . . . . . . . . 367
Section 9 - General penalty guidelines In Relating
to the Majority Verdict Rule . . . . . . . . . . . . . . . . . . . . . . . 368
Section 10 - Rules in Televising a Jury Trial. . . . . . . . . . . . . . . . . . . . . 370
Section 11 - Claimed jury trial anomalies; How to pursue
abusers; Filing of appropriate indictment . . . . . . . . . . . . 371
Section 12 - Safety and Security against possible dangers
of threats or violence at the trial location . . . . . . . . . . . . . 371
Section 13 - Civil atmosphere required in jury trials. Witnesses
required civilian attire including police, military or
security agency personnel. Any witness wearing
any military or police uniform will be barred from
testifying in a jury trial . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
Section 14 - Sealing personal information of the jurors . . . . . . . . . . . . 372
Section 15 - Appeal from Jury Verdict; Finding of facts by Jury
not subject to review on appeal. Only issue of law
including jury instruction may be appealed for review . . . 372
Section 16 - Accelerated implementation of the National Jury
Law; Volunteer jurors for Grand Jury and Trial Jury . . . . 372
Section 17 - Understanding the contexts of provisions . . . . . . . . . . . . 374
Section 18 - Mail and franking privilege of Jury letters and
documents for mailing and postal deliveries . . . . . . . . . . 374
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Section 19 - Any person convicted of serious crime referred to
In this Law barred from occupying any public office. . . . . 374
Section 20 - This Jury Law does not imply in any way the
abrogation of the power of judicial, legislative
or executive officials in issuing subpoena or
other similar legal customary processes . . . . . . . . . . . . . 374
ARTICLE XII - JURY TRIAL INTERPRETERS . . . . . . . . . . . . . . . . . . . . . . . . 375
Section 1 - Professionalizing and Certification of Trial Jury
Court Interpreters in the respective localities
Around the Country . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
Section 2 - The interpreter’s rate of pay recommendation . . . . . . . 376
Section 3 - Highest Standard of Confidentiality Required
for Jury Trial and Court Interpreters . . . . . . . . . . . . . . . . 376
ARTICLE XIII - EFFECTIVITY OF THE NATIONAL JURY LAW . . . . . . . . . . 377
Section 1 - Serious Crimes Committed Prior to Effectivity
of the National Jury Law & Procedure . . . . . . . . . . . . . . 377
Section 2 - Disposition of Pending Cases on Serious Crimes
In Court and In Investigation Agencies of the
Government Upon Approval of the this Jury Law . . . . . . 377
Section 3 - Prosecutor’s Liability For Delay in Pursuing
Criminal Cases assigned to him . . . . . . . . . . . . . . . . . . . 377
Section 4 - Existing Jury Systems, if any, shall be converted
to the procedures of the National Jury Law after
its enactment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
Section 5 - Reacquisition by true owners of land deprived by
land grabbers via fake certificates of title issued
fraudulently in the office of registrar of deeds . . . . . . . . 377
Section 6 - Pre-Audit Requirements of Government Payments . . . . 378
Section 7 - Effectivity Date of the enactment of Jury Law . . . . . . . . 378
Section 87 - Date Approved by the People ________________ . . . . 378
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NATIONAL JURY LAW & PROCEDURES
TO ENABLE THE FILIPINO PEOPLE TO PARTICIPATE
IN THE ADMINISTRATION OF THEIR JUSTICE SYSTEM
AND FOR OTHER PURPOSES.
PREAMBLE
ONE : WHEREAS, Article II, Section 1, of the Philippine Constitution has declared that
the “Philippines is a democratic and republican state. Sovereignty resides in the People and all
government authority emanates from them,” And implying therefore that the Filipino People have
the right and power to participate in the governance of their country as a democratic state;
TWO: WHEREAS, the administration of justice in the Judicial Branch is an essential part
of governance in which the Filipino People requires to participate as a matter of right equally as
much as much as they participate in the governance of their Legislative and Executive Branches
by means of their secret ballots;
THREE: WHEREAS, the participation of the People in the governance of justice can only
be secured and orderly accomplished by means of establishing the Jury System of Justice in
which their secret jury ballots can be counted in making their decision shall be used under the
supervision, guidance, education and protection by a presiding judge;
FOUR: WHEREAS, the Bill of Rights of the Filipino People in their constitution has been
substantially copied from the Bill of Rights of the People under the United States constitution as
well as the Philippine procedural rules of court have likewise been substantially copied from the
United States federal procedural rules of court, it is appropriate that the Philippine Jury System
shall be generally patterned after the United States Federal Jury System into which the peculiar
local culture, customs and tradition of the Filipino People shall be blended and respected.
FIVE: WHEREAS, Adoption of a National Jury Law & Procedures shall serve as the means
of uniting the Filipino People, Christians, Muslims and other Tribes alike, in their quest for social
justice and to ensure success in their efforts to completely prevent government graft and
corruption, to stop abuses of powerful public officials, other lawlessness, and disunity of the
people which their Government alone is incapable of accomplishing;
SIX: WHEREAS, The adoption of a National Jury Law & Procedures will give due
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recognition and respect to the sovereign power and authority of the common and ordinary
Christians, Muslims, and other Ethnic citizens from their leaders, nationally and locally, regardless
of their official ranks, power and nobility of such leaders and will serve as a basic solution to the
on-going Muslim-Christian conflict in the southern Philippines as well as in preventing
discrimination between wealthy Christians and Muslims against the lowly Christians and Muslims;
SEVEN : WHEREAS, The GRAND JURY and TRIAL JURY Systems have been proven
as the most effective and powerful government anti-graft and corruption and anti-lawlessness
device as perfected and used successfully in the United States and in its states, counties and
cities as a part of their democratic system of government for more than 230 years now;
SEVEN: WHEREAS, The People of the Philippines are now mature enough to discern
between right and wrong in the dispensation of justice under proper judicial supervision, protection
guidance and education as well as in the law enforcement in their localities; and are likewise now
capable of serving as jurors, respectively, in a Grand Jury and Trial Jury Systems of Justice with
even more knowledge and capability to do so than the American people 230 years ago;
EIGHT: WHEREAS, The peace and order in the Philippines has been steadily
deteriorating with its present government monopolized system of justice system under the
exclusive and abusive control of powerful and wealthy corrupt government officials and political
dynasties;
NINE: WHEREAS, Adoption of a National Jury Law & Procedures shall serve as a shield
and protection for judges in the administration of justice and discriminatory judgments arising from
undue interference of powerful abusive public officials and politicians; and
TEN: WHEREAS, Adoption of a National Jury Law & Procedures offers the best peaceful
alternative to maintain civility and honesty in their government against armed and violent rebellion
and shall serve as a preventive measure against declaration of martial law;
NOW, THEREFORE, The Sovereign People of the Philippines, by the Grace of their
Creator, hereby propose to seek and declare their approval and do ordain the adoption of the
Grand Jury and Trial Jury systems of Justice pursuant to the process of Republic Act 6735 with
the other pertinent provisions therein, and in Article VI, Section 32, of the Philippine Constitution
to have a deciding power in the administration of justice in their respective localities.
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ARTICLE I
ADOPTION OF THE JURY SYSTEMS
Section 1. This Law shall implement Article II, Section 1, of the Constitution by the
establishment of the Jury System of Justice to enable the People of the Philippines to participate
in the practice and administration of their justice system, to serve as their sovereign and master
procedural judicial enforcement law and procedures, to enhance the national unity of the Filipino
People and as a basic solution to prevent graft and corruption in the government.
This Law shall be known as the “National Jury Law & Procedures of the Philippines,” and
may be briefly cited as the “National Jury Law”, or“Jury Law”, or “JL”, or “this Jury Law”. Its
operation shall transcend, obtain and cover, jurisdiction upon the following entities without
exception:
(a) The entire governance, branches and services of, and every person in, the Philippines,
national and local, and their public officials and employees; and
(b) All government owned or controlled corporations, or quasi-government corporation and
its officials and employees.
Section 2. Democratic master and servant relationship-
(a) This Jury Law shall recognize the common people of the Philippines as the masters in
their democratic government. Any person rendering public service shall be servant to, and of, the
people. Threatening defiance by such servant against this declaration shall be subject to a quo
warranto by jury trial, or by impeachment, for removal from office for an act of treason to his oath.
(b) It shall be the prime duty of the government to educate the people which shall include
their education in the observance of elementary justice by the setting up of jury instructions. A
jury instruction shall be composed with the use and application of simplified definition of legal
terms, words and phrases into the common day to day use by the people in their local dialect.
(c) Any public servant referred to, or contemplated in, this Law shall pay his full and high
respects to, and dignity of, every citizen or person of the Philippines regardless of the economic
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status, rich or poor, gender or color, lingual accent, tribe, or aesthetic appearance, of such citizen
or person.
Section 3. Whistle Blower Protection -
(a) No member of the arm and police services, or of a civil office of the government
regardless of his inferior or junior rank or title, shall be charged for insubordination, demotion or
transferred of his position or location of job, deprived of promotion, terminated from office,
reduction of his compensation or pension or vacation benefits, or punished in any manner for
reporting any anomaly or criminal acts or any act of injustice, either as an anonymous tipster,
whistle blower to the media or an open complaining witness against a member of his organization
for discrimination, corrupt or graft practices, regardless of the rank and title of his fellow member
or of any public official of the government. Violation of this mandate shall render the violator
punishable for the crime of obstruction of justice upon investigation and indictment by a Grand
Jury as created in Article III and with reference to Article V, Section 2, of the National Jury Law.
(b) Except for his customary first and last name or nickname, no person shall have the right
to demand or ask, or be demanded or be asked, that he should be described or labelled or named
as a person with a powerful status, rank, title or position in the government or his profession,
royalty or nobility in society, in criminal, civil, or disciplinary matters for or against him.
(c) No person shall be described or identified with the name of his religion or creed, or
ethnicity, or lingual accent in a criminal or civil or administrative disciplinary action, for or against
him and any reference thereto shall not be admissible in evidence at any investigation, indictment,
or court or administrative proceeding or jury trial, jury deliberation or jury verdict.
Section 4. Six (6) months after the adoption of the National Jury Law, no person accused
of a crime punishable with a minimum imprisonment of one (1) year or more as contemplated
elsewhere in Article I of this Law shall be compelled to face trial in court or jury, unless the
accusation against him shall have been reviewed and approved by the grand jury in the form of
a grand jury indictment. When the phrase “criminal defendant” is used in this law, it shall mean
the same as the “accused” as used in other criminal laws.
Section 5. If any portion of this Law is declared invalid, its remaining provisions shall
continue and remain to operate to achieve its basic purpose.
Section 6. It is hereby mandated that every person who serves in any instrumentality of the
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Philippine Government shall act with transparency, truthfullness, and faithfulness to his
constituency.
Section 7. Every citizen who is qualified to serve as a juror under this Law and who has
received summons for jury duty shall have the mandatory obligation to appear in court. No prior
education of any law, rule, instruction, or regulation of any kind or nature or political party or
religious affiliation shall be required as a condition for issuance of a summons for jury duty to any
citizen. Failure of such citizen to obey his summons to appear in court shall be held liable for
contempt of court or for obstruction of justice in the discretion or recommendation by a Jury
Commissioner or Clerk of Court.
Section 8. Any amendment to, modification of, or any act to abolish, or any comparative
law enacted by Congress or decreed by executive order of the President or other means, to over
ride this law, or any other law enacted by the people of the Philippines through the initiative or
referendum process, shall remain invalid unless submitted to the people for approval in
accordance with the initiative or referendum rules of Republic Act 6735.
Section 9. No person who has committed a serious crime punishable by one year or more
of imprisonment under the laws of the Philippines shall have the right to claim exemption from the
operation and jurisdiction of this Law regardless of his citizenship, membership in any private or
public organization of Philippine society, royalty, nobility, or fraternity or sorority, or any
government position, membership or service in any national or local government instrumentality,
department, branch or office, civil or military or police, or organization or unit and regardless of
whatever means such person has acquired his position, membership or service, by election,
appointment, or by usurpation of power, military coup, or any legal or forceful means.
Section 10. No Immunity from Jury Operation of Offenders of Crime Punishable by One
Year of Imprisonment or More in Jail -
(a) No immunity from investigation and indictment, or from hearing and conviction, in a
criminal action, for a crime or crimes punishable by imprisonment in jail for one year or more
committed within the territorial jurisdiction of the Philippines under this Jury Law shall be granted
to any official in the national government and local government units or government
instrumentality, including but not limited to, the president, vice-president, the ombudsman, the
president of the senate and each senator, the speaker and each member of the house of
representatives, the chief justice and each of the associate justices of the supreme court and all
appellate justices and judges in the lower courts or echelon of the Philippine justice system, the
6
chief of staff of the armed forces of the Philippines and each officer or enlisted person below his
rank, and the director general of the Philippine national police and each officer or subordinates
below his rank, a governor, provincial board member, city or municipal mayor, barangay captain
or member of any local council member, notwithstanding any law, presidential decree, or rule to
the contrary.
(b) Any public official or person as described in the preceding paragraph (a) who has
committed any crime shall be deemed to have acted without authority in committing said alleged
crime. When charged or indicted for the crime, he shall be deemed to have acted in his private
capacity and any act he shall perform to mitigate or eliminate his criminal liability using the power
and authority of his office during the pendency of the criminal case against him shall be void.
Additionally, he shall be charged for the commission of the crime of Obstruction of Justice.
Section 11. No person, or public official, or government employee, regardless of his rank,
title, or position in the government, or title of nobility or royalty in the community, is hereby
permitted or authorized to give any order to provide preferential detention or prison facility or
prison cell to any person who has been arrested or who is under government custody for the
alleged commission of a crime and/or who has been convicted of such crime punishable by
imprisonment regardless of his rank, title or position in the government, or a private citizen who
claims to possess with royalty, nobility or wealth privileges in society unless such detention or
prison facility is likewise open to accommodate indigent detainees or convicted felons. This
proscription shall not apply to food, medicine prescribed by his physician, and clothing in kind
given, or brought in, by a close relative within two degrees of blood or marital relationship as
defined by the Family Law with, or to, the incarcerated person subject to inspection by jail
authorities.
Section 12. Any public official or government employee as described in the foregoing
Section 11 who shall violate the proscription in said section, upon indictment by a Grand Jury shall
suffer removal or termination from public service and shall be forever barred from holding any
public position, national or local, in the Philippine Government of any type, political, appointive,
temporary or honorary and shall further forfeit any and all retirement benefits from public service
upon conviction of the crime of obstruction of justice in addition to the lose of his retirement
benefits.
Section 13. If the public official referred to in the foregoing Sections 11 and 12, is
removable solely by impeachment, his violation of said Section 11 shall serve as a ground for his
impeachment, and shall likewise suffer the penalty imposed in Section 12 if charged for
7
obstruction of justice and found guilty in a separate criminal action against him.
Section 14. If the person is a private citizen who shall give aid and comfort to the detainee
or convicted felon, such person in his private capacity who violates the proscription referred to in
Section 11, shall be liable for the crime of obstruction of justice with the pertinent minimum
penalty of said crime upon indictment by a Grand Jury. Such person shall likewise be barred
forever from seeking any public position, national or local, of any type, political, appointive,
temporary or honorary in the Philippines.
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ARTICLE II
TYPES AND PRINCIPLES OF
THE NATIONAL JURY SYSTEM
TYPES OF THE JURY SYSTEM
Section 1. The Jury System shall consist of two separate types, namely, the Grand Jury
and the Trial Jury, with powers to decide independently from government control.
(a) The Grand Jury shall serve as the direct sovereign guardian of the People of the
Philippines against lawlessness and shall function confidentially, in their behalf, as their secret
independent investigating and indicting arm in court. Its secret operation shall further serve as
the people’s counter-measure against secret commission of crimes by crime offenders. For this
purpose, a serious crime is defined as a criminal offense punishable by law with imprisonment
in jail by one (1) year or more; and
(b) The Trial Jury shall serve as a “group judge” which shall decide by majority rule, with
supervision by a jury presiding judge in criminal and civil matters in court trials to prevent
potential arbitrary or whimsical judicial decisions. It shall further serve as a shield for a presiding
judge in performing his judicial functions against intrusion, interference, or obstruction of justice,
by any powerful abusive national or local public official.
PRINCIPLES OF THE JURY SYSTEM
Section 2. The Jury System shall serve as a judicial device to put up a common front of
the Filipino People in their struggle against the pervasive discrimination, graft and corruption in
any branch of service of the government as well as against other serious crimes. The functions
of the jury system shall be accomplished according to an established set of Jury Instructions with
the following objectives:
(a) To achieve unity of the Filipino People. There shall be only one uniform set of jury
instructions that shall be adopted and it shall be consistently applied without deviation in all
criminal investigations and judicial proceedings all throughout the Philippines regardless of
culture and ethnicity of the parties involved in a case;
9
(b) To attain the goal of eradicating discrimination or government graft and corruption,
membership in the juries shall be exclusively chosen randomly by lottery from the adult citizens
in the private sector in their respective legislative district, and;
(c) To keep total independence of juries from government control or monopoly by public
officials and politicians in the administration of justice, no approval by any government official,
or person claiming status of royalty or nobility shall be required to permit a citizen to serve as a
juror in either juries. The power to approve or disapprove the seating or unseating of a juror shall
preemptively belong to either counsels of the parties, or to any party if unrepresented by counsel,
involved and shall be ministerially implemented and respected in an actual case in court by the
presiding judge.
(d) To provide direct massive support by the people for the Judicial Branch of the
government in its function to enforce justice through the secret jury ballots of the people in the
similar basic idea that the functions of the Executive and Legislative branches of the government
are derived from the support of the people via their secret electoral ballots and to enhance the
check and balance of power among said government branches to prevent abuses by government
officials.
Section 3. No person, media member or media group, public official of any title, position,
or rank, civil or military, judge, justice, prosecutor, ombudsman, royalty or nobility by reason of
his religion or tradition or claim of supreme status in a community or government entity shall have
the right to ask, demand, or request, for issuance of a court order on the following matters:
(a) The publication or announcement of any name or identity of any citizen who shall serve
as a member of the grand jury or a trial jury; and
(b) To prevent any jury as organized under this Law from exercising its powers and
independent prerogatives to bring a serious crime offender before the bar of justice.
Section 4. Membership in either Juries shall be chosen by lottery from among registered
voters in their respective legislative districts in accordance with the procedures adopted for either
the grand jury or trial jury. A jury formed with appointed members by any public official or by any
nobility or royalty, directly or indirectly shall be invalid and without power to function.
Section 5. Prevention of Conflict of Interest of legal counsels.
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(a) In all criminal trials, either by jury or bench trial, no defense counsel, or lawyers in the
same law firm acting as defense counsels, shall be permitted to undertake the defense of two
or more accused suspected offenders, directly or indirectly, who are charged on the same
alleged criminal act or acts to prevent potential conflict of interests, known or unknown, towards
any of his or their clients or between, and/or among, his or their, clients.
(b) Any attorney who shall violate this provision shall be criminally liable of the crime of
obstruction of justice, and shall be subject to disciplinary action for disbarment regardless of
whether such defense counsel or counsels shall have been convicted, or not, of the crime of
obstruction of justice and regardless of the location of their law firms within and around the
country.
Section 6. Joint liability of Government Entity and Its Agent in serving the Public -
The government entity or public office including any government owned or controlled or
quasi-government corporation shall be jointly and severally held liable on, and with, the civil
liability of a public official or government employee by the use, abuse, or semblance, of his
authority in representing any of said entities actually or impliedly, who has caused injury or death
to a person through the negligence, recklessness, or intentional tortuous, act of such public
official or government employee or government instrumentality in serving the public.
Section 7. Power and right of juries to function in times of declaration of martial law or
man-made emergency-
(a) The sovereign right and power of the Filipino People in accordance with Article II,
Section 1, of the constitution to conduct grand jury and trial jury proceedings shall not be
abrogated or disturbed by the declaration of martial law or man-made emergency. Man-made
emergency shall include, but not limited to, rebellion, insurrection, or sedition.
(b) All personnel of the armed forces of the Philippines or the Philippine National Police
assigned to serve the people shall have the joint duty and obligation to afford protection to the
members of the grand juries and trial juries as well as the integrity of their jury proceedings.
(c) Any public official or member of such armed services referred to in the immediate
preceding sub-paragraph (b) shall be liable for indictment of the crime of obstruction of justice
by the grand jury and punishment from five (5) to seven (7) years of imprisonment in jail upon
conviction by a trial jury in addition to such other crimes and punishment by any of such official
11
or member of said armed services shall have committed.
(d). Declaration of martial law shall not serve as a license to violate the human rights and
well being of any person or citizen, or interfere in the functions of the grand jury and trial juries,
by any public official or person including, but not limited to the President and such other officials
or persons under his command.
Section 8. When a juror in a grand jury or trial jury who, in the course, or arising out, of jury
service is injured so as to be unable to perform his normal daily living activities for 10 days or
more, or dies, regardless of fault, shall be entitled to monetary indemnity. If the injury or death
of the juror took place outside the course of jury service and the evidence of his injury or death
shows that it was motivated with hate, revenge, or vindictiveness of the liable party against the
juror, this monetary indemnity shall, nonetheless, inure to the benefit of the juror or to his next
of kin. This provision shall be liberally construed in favor of the injured juror or to his next of kin.
(a) If the juror dies in the course, or arising out, of jury service, or under such other
circumstances mentioned in the preceding paragraph, such juror shall be entitled to a monetary
indemnity in the amount of two hundred thousand (P200,000.00) pesos, free of income tax.
(b) If the death or injury of the juror is the result of the negligence, or intentional or
reckless or wanton act of any person, or public officer, acting as an agent in performing the
function, of a private organization or corporate entity, or of a government instrumentality or entity,
said person, or public officer, and the private organization or corporate entity, or government
instrumentality such person or public officer is representing shall be jointly and severally liable
to pay the next of kin of the deceased juror.
(c) The private organization, corporate entity, or government instrumentality shall have
the right of reimbursement against such person, or public officer who has directly caused the
death or injury of the juror. Government instrumentality as used in this Law is hereby meant to
cover all government agencies and instrumentality and government owned or controlled
corporations and quasi-government corporations all over the Philippines.
(d) If the juror is injured by reason of the act or acts by another is incapacitated to perform
his activities for daily living as determined by a treating doctor of his choice, the indemnity shall
not be more than two hundred (P200,000.00) thousand pesos, depending on the severity of his
disability, but not, less than fifty (P50,000.00) thousand pesos, free from income tax.
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(e) The indemnity payment shall be promptly paid to his heirs or next of kin of the juror in
case of death or to the disabled or incapacitated juror from the funds of the Philippine
Government or private entity without awaiting for reimbursement of such funds from the party
who is ultimately responsible for the death of, or injury to, the juror.
(f) To ensure payment of the claim of an injured juror, or next of kin of a deceased juror,
the Philippine Government, or private entity, shall be responsible to obtain a master insurance
policy with a reputable liability insurance carrier to answer and to pay its jury liability for the
benefit of a juror or jurors serving for jury duty under this Law.
(g) The amount of premium referred to in the immediate preceding subparagraph (e) shall
be negotiated by and between the respective representatives of the Government and the liability
insurance carrier.
(h) Failure of the Philippine Government, or private entity, to secure said insurance liability
policy shall not in anyway prevent or delay the payment of the juror’s benefit directly from its own
general funds and in such event the claimant may pursue his claim by civil action by jury trial.
Should he prevail, his award shall be increased by forty percent (40%) over his original claim for
benefits to cover the attorney’s fee of his legal counsel.
(I) The same additional award shall be granted to the claimant if the insurance liability
carrier fails or delays to pay the claimant. Payment of the claim is deemed delayed if it remains
unpaid beyond thirty (30) days, excluding Saturdays, Sundays and Official Holidays, upon the
date of presentation of a written demand for payment by the claimant with the Philippine
Government or government instrumentality..
(j) No special or official form of the written demand shall be required in order for the
claimant to collect his award or benefits provided that it is supported by a certification by the
Clerk of Court indicating that the juror was injured and the medical record of his treating physician
or hospital authority, or has met his death and supported by a death certificate issued by the
Local Civil Registrar, arising out of, or in the course of, or during the period of , jury service.
(k) The claim of the injured juror, or of the next of kin of the deceased juror, shall prescribe
after ten (10) years from the date of injury or death of the juror. If such claim has been
commenced prior to the lapse of said period, the same shall be enforceable until the award is
fully satisfied or paid.
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(l) “In the course of jury service” or “arising out of jury service” shall include the period in
which the subject matter of the jury proceedings is still in progress regardless of whether the
injury or death of the juror occurred in the premises of the trial court or grand jury investigation
room or whether the juror was going to court or grand jury room from home and back from court
or grand jury room to home during the continuance of the jury proceedings.
(m) The Philippine Government or it’s liability insurance carrier shall have the right to a
reimbursement of its payment from the personal funds of a public officer or government agent
or a party at fault or heirs of such party who has inflected injury or death upon the juror within the
period of ten (10) years from the date of injury or death of the juror.
(n) Any public officer or government agent of the Philippine Government requiring the
need to carry a firearm of any type in the performance of his duty is hereby required by this Law
to carry an umbrella liability insurance policy with at least two hundred (P200,000.00) thousand
pesos to pay his financial responsibility under this law.
Section 9. Any person found guilty either in a trial by jury or in a bench trial, or who has
pleaded guilty, for committing the crime of obstruction of justice, or any serious criminal offense
of any type, shall forfeit and lose for life all privileges and benefits from occupying any public
office regardless of his being a recipient of a presidential clemency or pardon.
Section 10. Any person claiming for benefits under this Jury Law shall be entitled to an
additional award from the obligor on his claim to cover attorney’s fee in the event that such
claimant is forced to secure the assistance of an attorney on contingency basis to obtain his
award regardless of whether the matter is litigated in court or not. The attorney’s fee shall be
one-third (1/3) of the total award if not litigated, or forty percent (40%) if litigated in court. If the
attorney is unsuccessful of obtaining the award for his client, he shall have no recourse for
payment of his attorney’s fee from his client-claimant.
Section 11. Notwithstanding any law, rule, or decree, to the contrary, any contract entered
into by and between a lawyer and a client to litigate a claim for monetary benefit on contingency
basis under this law shall be valid and enforceable before any court of law or by arbitration or
mediation. If claimant loses, attorney has no right to claim for his fee against his client.
Section 12. It is hereby made mandatory that every lawyer who handles money claim for
clients shall open a special bank account, named as “Clients’ Trust Account”, into which money
received for a client is deposited at all times and be ready for investigation by a Grand Jury. None
of the client’s money shall be commingled with his operational business or personal checking
account or be kept in any other place. Intentional violation or omission of this rule shall render
the lawyer strictly liable for disbarment regardless of any damage suffered by his client.
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ARTICLE III
THE SOVEREIGN GRAND JURY
Section 1. The Sovereign Power of the Grand Jury -
(a) Article III of this National Jury Law shall be referred to as the "Grand Jury Law". The
basic power of the grand jury is hereby derived, and shall directly emanate, from the sovereign
power of the People in Article II, Section 1, of the Constitution over their government officials.
(b) The records of grand jury membership and investigation records shall not be subject
to the subpoena powers emanating from, but not limited to, the Legislative, Executive, Judicial
branches of the government or from the media or from any government instrumentality, or
government controlled corporation, or quasi-government corporation.
Section 2. Except for the judicial supervision in the initial formation and inauguration of
each Grand Jury, the power of the Grand Jury to function and decide shall be self-autonomous
and shall require no review from any government authority. It shall act as a direct top secret anti-
crime agent of the sovereign people in their respective localities. It shall have the power to
exercise the public functions stated in the sections below.
Section 3. Composition - The Grand Jury shall be composed of twenty-three (23)
members. They shall be randomly chosen by lottery from among applicant citizens belonging to
the private sector and its members shall serve anonymously. The Grand Jury and its members
shall be free from government control. Upon qualifying for membership, its members shall take
an oath of secrecy and their identity shall be kept absolutely secret which shall not be announced
or disclosed to the public or media in any manner or to any public official or to any person.
Section 4. Grand Jury Membership Qualification -
(a) Each member shall at least be a college graduate of any bachelor’s degree from any
college or university, must be twenty three (23) years of age of either gender and has not been
a member of a fraternity, sorority, or mista, and shall receive compensation for each day of jury
service at double the rate of the minimum wage law plus free noon time meal and round trip
transportation from home to his place of grand jury service at government expense.
(b) The following persons shall be disqualified from grand jury membership:
(1) Prior or current membership in any college or university fraternity or sorority;
(2) Person suffering from any mental impairment;
(3) Conviction of any crime punishable by imprisonment for six months or more;
(4) Any lawyer or public official or employee in any government instrumentality;
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(5) A son, son-in-law, daughter, or daughter-in-law
of a public official or government employee;
(6) A father or father-in-law, or mother or mother-in-law
of a public official or government employee;
(7) A brother or brother-in-law, or a sister or sister-in-law
of a public official or a government employee;
(8) A nephew or niece, uncle or aunt, of a public official or employee of any
government instrumentality;
(9) A person currently facing a criminal accusation of any kind in court;
(10) A member of a grand jury in the last 12 months;
(11) A person who has served in the government during the past 12 months;
(12) A person who has been recommended, or has been assisted or,
sponsored by a public official or by anybody in preparing or in filing
his/her application for grand jury membership;
(13) A member or employee of a media, news, or publishing organization; and
(14) A member of a royal clan or ruling family or political dynasty, or datu, bai, or
sultan and anyone claiming as a member of such royal clan or ruling family
or political dynasty, or datu, bai, or sultan;
(c) Upon entering grand jury service, each and all members of the grand jury shall be
required to take an oath of secrecy and confidentially before an Executive Trial Judge who shall
supervise the formation and inauguration of the Grand Jury as follows:
“GRAND JUROR’S SECRECY OATH
"I will support the Constitution of the Philippines and all laws made in pursuance
thereof and in conformity therewith,
"I will diligently inquire into, and true presentme nt make, of all public offenses
against the people of the Philippines, committed or triable within its territory and
boundaries of which the Grand Jury shall have or ca n obtain legal evidence.
"I will confidentially keep my own counsel, and tha t of my fellow grand jurors and
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of the government, and will not disclose the testim ony of any witness examined before the
Grand Jury, nor anything which I or any other grand juror may have said, nor the manner
in which I or any other grand juror may have voted on any matter before the Grand Jury.
"I will present no person through malice, hatred or ill will, nor leave any
unpresented through fear, favor, or affection, or f or any reward, or the promise or hope
thereof;
"But in all my presentments I will present the trut h, the whole truth, and nothing but
the truth, according to the best of my skill and un derstanding, so help me God."
Section 5. Functions of the Grand Jury - The following are the powers and functions of
the Grand Jury:
(a) The power, without need of government supervision, approval or permission, to
secretly investigate serious crimes, punishable by law with imprisonment in jail of one year or
more or death, and to indict or accuse in court any crime suspect upon its finding of probable
cause that such person may have committed a serious crime. No grand jury investigation and
indictment shall be subject to review or pre-trial hearing by any government prosecutor,
ombudsman, justice or judge.
(b) The power to approve or disapprove a criminal indictment initiated by the government
against any suspected crime offender over his commission of an offense punishable by
imprisonment in jail for one year or more. No person shall be forced to face a bench or jury trial
in court unless the criminal accusation against him shall have been approved by, and upon, a
grand jury indictment.
(c) The power to issue subpoena, subpoena duces tecum, or summons upon any person
or any government official or employee, officer of a banking institution, or director or officer of a
government controlled corporation or quasi government corporation, to compel the attendance
of a witness in its secret investigation room. The subpoena, subpoena duces tecum, or
summons, issued by a grand jury shall be enforceable anywhere in the Philippines.
(d) The power of the Grand Jury to issue subpoena, subpoena duces tecum, or summons
shall require no further need of a court order for service and execution upon a person, or to any
location or institution anywhere in the Philippines.
(e) The power to file an indictment in court for obstruction of justice against any person
who shall disobey, ignore or disregard its subpoena, subpoena duces tecum, or summons.
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(f) Government funds or money believed to have been deposited in, and commingled with,
or not, in the personal and private funds or money in any private or government bank in the name
of any public, legislative, judicial, military or police official, nationally or locally, shall enjoy no
immunity from grand jury secret investigation or scrutiny regardless of any banking secrecy law,
decree, or rule, to the contrary.
(g) Exception: The Grand Jury is not a court of law. It, or its members, shall have neither
power to compel the appearance or attendance in its investigation before said Body of a
suspected criminal offender nor the power to order his detention pending its investigation. Not
being a court, grand jury proceedings shall not be bound by the hearsay rules of evidence.
Section 6. Secrecy of Grand Jury Activities - All the proceedings of the Grand Jury shall
be conducted with strict and absolute confidentiality. Its members shall be bound by their oath
of secrecy and none of them shall disclose or be forced to disclose, or make contact with, any
person or any public official, pertaining to the investigation activities and records of the Grand
Jury. The records, electronic or stenographic notes and transcripts, of its proceeding shall not
be subject to subpoena, subpoena duces tecum, summons, or any communications by any
public or legislative or judicial official from any of the branches of the government or government
instrumentality, national or local, or any officer or director of any government owned or controlled
corporation or quasi-government corporation.
Section 7. Public Contact with Grand Jury or Grand Jurors is prohibited -
(a) No person, lawyer, or government employee, or any public or judicial official of any
rank, title, position, or power, or person of nobility or royalty, shall have the right to contact or
interfere in any manner, directly or indirectly, the Grand Jury or any of its members, unless he
shall have received a subpoena, subpoena duces tecum or summons from the Grand Jury.
(b) The grand jury subpoena, subpoena duces tecum, summons, indictments and other
forms of communications of the Grand Jury shall be signed personally with the authenticated
SIDN, or Security Identification Number, by its Foreman, Secretary, or any of its members. Their
names shall not be spelled out in said documents to maintain secrecy of their identity and
confidentiality of grand jury proceedings.
(c) The Clerk of Court shall have the responsibility of serving the subpoena, subpoena
duces tecum, summons, indictments and other forms of the Grand Jury communication and in
securing the proof of service of such documents in behalf of the Grand Jury.
(d) Every recipient or holder of a Grand Jury document including but not limited to a
subpoena, subpoena duces tecum, summons, grand jury indictment, and any other paper or
papers, has the obligation to keep in secret and complete confidentiality of the same for
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compliance of any directive contained therein and shall refrain from commenting on its content
or text or from distributing, copying, publishing, or announcing the same by any means to any
other person, or persons or party, or entity or to any member of the media. Any violator of this
provision shall be liable for obstruction of justice and punishable by imprisonment from 3 to 5
years in jail.
Section 8. No person or any witness, regardless of his power, rank, title, or position in the
government, shall be permitted to carry or bring into the grand jury room any cell phone, camera,
or firearm of any type. Violator of this rule shall be subject to an automatic indictment for
obstruction of justice upon discovery at any time during or after such person or witness is
testifying or has testified in the grand jury room. When enforcing this rule or provision of the
Grand Jury Law, the sovereign authority of the people under Article II, Section 1, of the
constitution, is hereby directly conferred upon the Clerk of Court to which every person, public
or judicial official of the land, regardless of title, position, rank and power in the government, shall
be bound to respect and obey. Such Clerk of Court shall be immune from disciplinary, criminal
or civil liability in enforcing his power and authority pursuant to this section of the National Jury
Law.
Section 9. Every province or city in the Philippines shall be divided into several grand jury
districts according to the following criteria:
(a) A province or city shall have at least one (1) gand jury district;
(b) A province or city shall be divided into such number of grand jury districts in which
each grand jury district shall be serving a population of approximately two hundred fifty thousand
(250,000) residents;
Section 10. The provincial board of each province, or the city council of each city, shall
determine the actual number of grand jury districts and their geographical location in their
respective jurisdictions. To provide maximum secrecy of operation, and anonymity of the identity
of the members, of grand juries, the provincial and city grand juries shall have joint and
concurrent jurisdiction to investigate crimes and crime offenders in each others territorial
jurisdiction. Each grand jury shall, however, operate independently from each other and shall
have the option to file its indictment in any regional, metropolitan, city or municipal court wherever
it chooses to within the city or province or neighbouring city or province.
Section 11. Within thirty (30) days from the date this jury law takes effect, the Provincial
Board and city councils shall promptly designate the general court location, district number but
not a specific address or room number or symbolic mark or identity, for each Grand Jury, taking
into account the proximity of the number and group of municipalities in the case of the province,
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or barangays in the case of cities, it is intended to serve. Within six (6) months from the date
this jury law takes effect, the Provincial Board and City Council or Councils, as the case may be,
shall further, respectively, provide secret grand jury rooms, chairs and desks, computers with
access to the Internet, copying machine, office supplies, and other miscellaneous facilities
required to operate each grand jury;
Section 12. In the event that the Provincial Board and the Provincial Governor, in the case
of a province, or the City Council and City Mayor, in the case of a city, or any member of such
provincial board or city council, or any officials acting in their behalf, who shall fail to comply with
their duties in designating their Grand Jury Districts and in creating the required grand jury rooms,
equipment, supplies, and other facilities for the full operation of their respective grand juries, after
six months of the effectivity of the National Jury Law, such officials shall be barred from collecting
their salaries, allowances, or any remuneration until such time that they have complied with their
duties as ordained herein.
Section 13. Disauthorization of Treasurers and Paymasters To Pay Salaries and
Allowances of Authorities Who Fail to Implement the Creation of Grand Jury Facilities -
(a) No provincial or city treasurer or any paymaster or cashier in his, or their, behalf shall
have the authority to pay the salaries, allowances, or any remuneration of any member of the
provincial board, or member of the city council, and the governor or mayor or any other officials
acting in their behalf or capacity as described in the foregoing Section 12, unless any of such
officials has submitted a certification from the appropriate official of the building engineering
department of his province or city indicating that the required grand jury rooms, equipment,
supplies, and other facilities for the full operation of their respective grand juries shall have been
put in place and made functional in fact.
(b) Upon the effectivity of the National Jury Law, the Clerk of Court of the Executive Judge
who organized the Grand Jury is hereby authorized to negotiate with the President, or Director,
or Owner of a college or university within his judicial district to enter into a contract to rent, at
government expense, one of the class rooms with one online computer and a printer of his
school which must be unmarked for use to serve as a temporary grand jury room until such time
that the government is able to provide a permanent grand jury room within its judicial district. For
this purpose, Form GJ-27, the “Unconditional Non-transferable Redeemable Judicial Voucher”,
shall be used as a medium for the payment of the agreed rentals for the grand jury room, one
online computer with a printer. The secrecy set up of the room shall be similar, or equal, to the
secrecy standard as required of this Jury Law.
Section 14. Any provincial, or city treasurer, cashier or paymaster shall be personally
liable criminally for malversation of public funds under Article 217 as amended by Republic Act
1060 who fails to follow the proscription in the foregoing Section 13 and shall make a
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disbursement of government funds to pay the salaries, allowances, or any remuneration of any
member of the provincial board, or member of the count council, or to the governor or to the
mayor or any officials acting in their behalf or capacity in violation of their public duties as
described in the foregoing Section 12. No provincial or city treasurer shall be terminated from
service for enforcing this provision. Any public official who shall threatened the subject treasurer
for removal from his job to force payment of money demanded shall be liable for obstruction of
justice or for such other appropriate criminal action against such public official,
Section 15. The grand jury room shall be unmarked or without identification of any kind,
and adequately provided with sufficient lighting and air conditioning with its windows securely
locked and covered from public view. The room shall be secured from any bugging or spying or
surveillance devices, its ingress and egress door should pass through the general entrance door
behind the audience seats of a court room, which shall be known only and exclusively to, and by,
the Court Presiding Judge, the Sheriff and Supervising Clerk of Court of the building where such
courtroom is located;
Section 16. The members of the general public, including but not limited to any public
official from the legislative, executive, or judicial branches of the government, or police or army
services, or any official or director of any government owned or controlled corporation as well as
quasi-government corporation shall have no direct access to the grand jury room and grand jury
members. The persons exclusively permitted to enter said room are solely limited to the
members of the grand jury. Any person summoned or subpoenaed as a witness for questioning
before the Grand Jury shall be ushered into the grand jury room by the Sheriff or Clerk of Court,
no more than one at a time, regardless of whether the witness is a public official, or not, of any
rank, title or position, in the national, provincial, city, municipal, or barangay government. Except
for the Grand Jury members, the name of the witness ushered to the grand jury room must be
recorded in a confidential log book kept by the Supervising Clerk of Court of the Courthouse.
The log book shall not be disclosed to any member of the general public or media, or any public
official, except to, and upon demand by, the current or future grand jury;
Section 17. Any criminal complaint or accusations emanating from a government
prosecutor’s office, the Ombudsman, or by a lawyer in behalf of his client, shall be accompanied
with a completely prepared Grand Jury Indictment Form and it shall conform to the format of the
prescribed grand jury form in Section 99, Article III, of the National Jury Law. The text in the said
forms may be modified to satisfy jurisdictional issues affecting particularly the subject case or
cases for a specific accusation.
Section 18. Direct accusation by victims of crimes, including taxpayers in general as
victims, of theft of public funds or misuse of public vehicle or equipment, before the Grand Jury
may be initiated privately as follows:
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(a) An eyewitness to, or a victim and/or his successor-in-interest or next of kin in case of
death of the victim arising from a serious crime committed by the crime offender; or
(b) Any informal group of media reporters numbering three or more members in behalf of
a victim of a serious crime who is a media crime reporter; or
(c) An inmate in jail whether a detainee or convicted prisoner, or his friend or relative in
behalf of said inmate, for being confined in an unsanitary or filthy jail unfit for human confinement
with wanton or reckless disregard to his health and dignity as a human being by a jail keeper or
warden, may file an appropriate criminal accusation against the suspected crime offender directly
with any district grand jury in his locality by himself or with the assistance of a lawyer in preparing
his or their accusation. Any citizen or any member of the public media or press who may have
noticed of the unsanitary or filthy jail may secretly send his information to any grand jury in his
province or city for grand jury investigation of such unsanitary or filthy jail condition.
(d) The form of the accusation under this section should conform with the prescribed
sample grand jury forms in Section 99, Article III, of the National Jury Law.
Section 19. Separate List of names of 2 witnesses attached to complaint for filing with grand jury is required -
In all, and any, instances of filing of a written criminal accusation with the Grand Jury, a
list, separate and apart from the complaint form, of at least two (2) names and address of
credible or eye witnesses to the commission of the alleged criminal act or acts shall be attached
and submitted together with said accusation to the Grand Jury. Except for the blank lines which
are solely reserved for use by the Grand Jury, none of the named witnesses in the list shall
appear or be written anywhere in the criminal accusation form. Without the separate list and
names and addresses of witnesses, the Grand Jury shall not entertain the said complaint.
Section 20. Filing of complaint must be delivered to Clerk of Court-
A representative of the accusing government agency, hereinafter referred to as the
“Prosecutor” or the Private Lawyer who assisted the preparation of the private complaint of the
crime victim, shall file the complaint by personal delivery to the Clerk of Court, the officially
designated contact officer with the Grand Jury. Under no condition that such Prosecutor or
Private Lawyer shall have any direct contact or audience with any member of the Grand Jury.
Section 21. Filing of complaint with the Grand Jury
must be kept strictly confidential -
A submission of any written complaint or accusation or any other material for delivery
22
to the Grand Jury shall be filed secretly, confidentially inspected, and sealed in an envelope or
container with appropriate size jointly by the Prosecutor of the provincial or city fiscal’s office, or
by the Private Lawyer in behalf of a private complaining party with the Clerk of Court without the
presence of any third party or person. The outside of the envelope or container shall be plainly
addressed or marked as “GRAND JURY” and promptly delivered personally by the Clerk of Court
to the Grand Jury. No delivery to the Clerk of Court of such complaint or accusation shall be
made later than 3:00 o’clock in the afternoon on any official business working day.
Section 22. Anybody involved in assisting the filing of complaint with grand jury is required to keep the matter strictly confidential -
By this Jury Law, any person, public official, or lawyer, who is, or has been, involved
in preparing or the filing of any accusation or complaint with the Grand Jury on any matter
whatsoever is absolutely forbidden to disclose, gossip, reveal, announce, or publish, publicly or
privately, such matter to any person, or to any member of his family or to any public official, Any
violator of this rule shall be subject to indictment for obstruction of justice by the Grand Jury.
Section 23. No lawyer, prosecutor, fiscal, or third party is allowed to cross examine a witness before the Grand Jury -
The Grand Jury shall have no judicial power to conduct a trial and any person subpoenaed
or summoned to testify therein shall not be subject to a cross-examination by a third party or any
lawyer in behalf of his client or prosecutor, or fiscal.
Section 24. The Grand Jury shall act and function in accordance with the Statutory
Standard Grand Jury Instruction provided in the herein following page which shall be read and
issued to the Grand Jury by the Executive Judge with assistance of his Clerk of Court:
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“THE REGIONAL TRIAL COURT
Office of the Executive Judge
_________________________________________Street and City Addresss
STATUTORY STANDARD GRAND JURY INSTRUCTIONS
List below only the SIDN of each juror)
Juror SIDN ______ Juror SIDN ______ Juror SIDN ______
Juror SIDN ______ Juror SIDN ______ Juror SIDN ______
Juror SIDN ______ Juror SIDN ______ Juror SIDN ______
Juror SIDN ______ Juror SIDN ______ Juror SIDN ______
Juror SIDN ______ Juror SIDN ______ Juror SIDN ______
Juror SIDN ______ Juror SIDN ______ Juror SIDN ______
Juror SIDN ______ Juror SIDN ______ Juror SIDN ______
Juror SIDN ______ Juror SIDN ______ (No more than 23)
"Honorable Ladies & Gentlemen of the Grand Jury:
(1) I welcome you for reporting to this court session today. You are about to embark on
an interesting and a very honorable secret mission. I am pleased to announce that this court has
accepted your oath to fulfill your obligation to act collectively and secretly as a Grand Jury during
the next six calendar months beginning today (mark "X" for the proper period) from
(_)-January to June, year _________
(_)-July to December, year ________
in the Grand Jury you applied for membership.
(2) (a) Your collective act as a grand jury is sovereign which is intrusted to you by the people
of your Grand Jury District pursuant to their sovereign power and authority in Article II, Section
1, of the Constitution. It has been conferred to you upon taking your oath of office.
(b) Every person serving in the government is your public servant regardless of his public
position, title or rank, or title of nobility or royalty. Your role is to secretly investigate serious
crimes committed by each and every public servant or any private person of society who may
have committed a crime. You may, then, file the appropriate indictment or accusation in court
against the offender of the crime upon your finding of a probable cause that he has committed
the crime.
(c) This Grand Jury is absolutely independent from any government control and you need
24
not seek or ask the permission of any public official, judge, justice, or prosecutor or ombudsman,
military officer or government official or anybody else, to commence your criminal investigation
and in filing your criminal indictment in court.
(3) My first and most important instruction is to tell you that you are on a top secret
mission and sacrificially dangerous or sometimes life threatening. Keep this secret by all means
and you must not let anybody know who you are. Your safety and success of your protection and
the protection of your family and fellow members in the grand jury depends on your discipline in
keeping this secrecy. You must remember that you are bound by your oath of secrecy. On my
part, I assure you that I will keep your records confidentially and I will be depositing your personal
records or any copy thereof in a vault with a bank to securely keep your records and in no other
place within 24 hours after I have sworn you in office as required by our Grand Jury Law. Your
records shall not be retrieved or disclosed unless by the subpoena from a Grand Jury.
(4) My second important instruction is that you must not tell or disclose your true name
to your fellow members in this grand jury and no one from among you shall have the right to
demand to know each others real name. If it happens that some of you may already have known
each others name, I still require you to call or address each other with your SIDN or Security
Identification number which you already have when you were chosen earlier today.
(5) As a juror, you may be investigating your own fellow juror for some reason, just as
much as you will be investigating the conduct of any person or government official or crime
offender regardless of his rank, power, title or position or nobility or royalty in the community. If
you learn or know that any of your fellow members in this grand jury has committed a crime of
any kind or of any act of corruption, or who has falsified his application for grand jury membership
as a grand juror, I hereby instruct you to act as a tipster or as a witness to report such fellow
member to the next succeeding grand jury for investigation and or indictment after your current
term of service expires.
(6) The only name you shall use and sign in all your official transactions as jurors is your
SIDN which is the acronym for Security Identification Number.
(7) You are hereby vested with power through your collective decision to enforce decency
and discipline in the government service and all criminal laws to keep peace and decency of our
community. You may use English, Tagalog, or any dialect or a combination of said languages
or dialects that you or any person or witness you deal with fully understand in the conduct of your
official business.
(8) Your power to investigate crimes is superior in all respects than any investigation
conducted by other persons or officials, group, or entity in the government such as the
Ombudsman, the National Bureau of Investigation, or the Philippine National Police, among
25
others, and you must bear it with dignity befitting of the sovereign power of the people which has
been directly conferred and entrusted to you to exercise and practice. You must keep a superior
attitude, without arrogance, in a tactful or reasonable manner and never show any subservience
when conducting your official business with any person or public official you shall be dealing with
regardless of his rank, title, or position in the government or title of nobility or royalty in the
community. As a group in the Grand Jury you must act as a master and not as a servant in
dealing with any person or public official of any rank or power or position, or with any person of
nobility or royalty.
(9) By the Rules of the National Jury Law, I have been commissioned to inform, and to
confer, as I am now informing and conferring, upon you of your powers, duties and privileges.
(10) You must know each other only by your SIDN, acronym for “Security Identification
Number”, and I hereby forbid you from revealing your SIDN to any person who is not a member
of this grand jury. Conversely, you are prohibited from impersonating yourself with the use of
another’s SIDN. You must not exhibit your SIDN to the public except for your pass of entering
the grand jury room and in signing your official acts on certain documents or in collecting your
compensation for jury service.
(11) Whenever you enter the grand jury room, you must not converge in group at its door
to prevent inviting attention and curiosity by outsiders or the media. If asked what you are doing,
simply say politely: “I cannot comment on your question”. Speak no further and walk away
promptly. You must casually stay far from each other when you enter your room and you must
not allow anyone to take a picture of yourself.
(12) Instruction to organize the grand jury. Your first order of business shall be the
designation of your officers who shall be chosen by and from among your members and who
shall likewise swear before this court in the coming few minutes their oath of office in addition to
your Oath of Secrecy. Your officers shall have a great responsibility to perform and all of you are
required to cooperate and to assist in the discharge of that responsibility. It is essentially
important that you thoroughly read Article III of the National Jury Law and familiarize yourselves
with the use of the Grand Jury Forms which you will find in Section 99, Article III, of the National
Jury Law
(13) Your officers shall consist of a Foreman who shall act as your presiding officer, your
Assistant Foreman who shall act in the absence of the foreman, the Secretary and the Recording
Secretary. You shall address each other as the case may be as "Mr. Foreman, Mr. or Ms.
Secretary, or Mr. GJ #______" and others as "Mr. or Ms. Witness Mr. or Ms. Stenographer, Mr.
or Ms. Interpreter." In this service, you must learn and make yourself accustomed to know and
call each other by your SIDNs as your security identity names.
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(14) If, in the course of your term of office, you find the need to reorganize your
leadership upon your mutual agreement and approved by a majority of your members or upon
motion by a member or officer, duly seconded by another member or officer, and approved by
a majority of your members, you may do so, and proceed to elect your new officers. In such
event you shall inform the executive judge through the clerk of this court for its record and
information on Form GJ-44 and attach therewith a blank form of Form GJ-35 for completion by
the executive judge.
(NOTE for inducting Executive Judge: To speed up the designation process of choosing the grand juryofficers, the Executive Judge shall solicit volunteers to act as candidates for foreman, vice foreman,secretary and recording secretary. The Executive Judge may profound questions on any matter todetermine the capabilities of the volunteering leaders and thereafter he shall ask other members to voteby raising their hands who among the volunteers will they elect as their grand jury officers. A vote of 12or more in favor of the nomination shall be elected. Before proceeding, the Executive Judge shall takenote of the chosen grand jury officers by their designated SIDN. Thereafter, the judge will administer theoath of the officers of the grand jury as shown below.)
(15) "Do you solemnly swear individually and collectivel y that you will accept your
obligation freely, without any mental reservation o r purpose of evasion; and that you will
well and faithfully discharge the duties of your of fice in this Grand Jury in which you are
about to enter. So God help you" and your response shall be: "I, and we, do."
(16) Nature and source of power of the members of the grand jury:
(17) Your membership in the grand jury is derived from your citizenship in our democratic
society. It has been made evident by our constitution in Article II, Section 1, which states that:
"The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them." What this means is that the People are the Masters
and they are the source of power of each and all public officials as public servants.
(18) This court will take notice that you are now duly organized as a Grand Jury.
Regardless of your position, each of you as a member of the Grand Jury shall have one vote for
the purpose of determining your collective decision or resolution over a given matter. You must
cast your vote by secret ballot. Your foreman or secretary shall have no individual power to
decide for, or in behalf of, your group as a Grand Jury and any attempt by either grand jury
officers to do so shall be invalid and inoperative. Each of you must memorize your powers and
obligations as grand jury members. Henceforth, this court or any other court, or any government
official, shall have no further participation in approving or disapproving your decision to
investigate or indict a suspected crime offender. This grand jury shall be self-autonomous and
it shall decide independently from any government control or supervision.
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(19) The function of the grand jury consists of two alternative parts to ensure that no
person shall be indicted of an alleged crime by arbitrary decision of the accuser:
First, it has the power to prevent criminal indictment against any person in court if it is
based on improper, illegal or capricious motive of the accuser or for lack of probable cause.
Second, it has the power to ensure that a criminal indictment is filed in court against a
crime offender where there is probable cause or reasonable ground to believe that the suspect
is guilty of the crime. A finding that no probable cause exist, or a finding of probable cause, by
the grand jury shall not be subject to review with preliminary investigation of a judge or a
prosecutor. Your collective decision to indict in court is final. Your decision not to indict is
tentative and you may proceed to indict when warranted by additional evidence you may have
subsequently discovered.
(20) To find the forms you need in your operation, always refer to Section 99, Article III,
of the National Jury Law.
(21). Grand Jury business hours and Security Matters -
(22) Your business hours shall be from 9:00 o'clock in the morning until 5:00 o'clock in the
afternoon and your noon time break shall be from 12:00 noon up to 1:00 o'clock in the afternoon.
It is mandatory that you wear a barong tagalog whenever you report to the grand jury
investigating room as a symbol of your authority. Without it, your foreman is hereby authorized
to refuse recognition of your presence in the investigating room and your compensation in such
occasion will not be paid.
(23) If you deem it necessary for your protection and security of the vicinity of your place
of operation, your foreman shall contact and request the National Police Director of the Philippine
National Police for deployment of the needed police personnel nearby but not inside your grand
jury investigation room. Use the prescribed form, Form GJ-28, in Section 99, Article III, of the
National Jury Law Your foreman shall have joint supervision over the police personnel.
(24) Powers and duties of the foreman of the grand jury. Your foreman shall lead and
shall be responsible in the management, discipline and operation of the grand jury. He shall
preside all grand jury sessions. He must keep a Permanent Grand Jury Membership Record on
prescribed Form GJ-4, in Section 99, Article III, of the National Jury Law. He shall have the power
to demand prompt attendance of all grand jury members.
(25) Exactly at 9:00 o'clock in the morning of each business day, your foreman shall
promptly convene the grand jury session. Each member attending a grand jury session shall
personally sign in the attendance sheet, the prescribed Form GJ-5, in the presence of the
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foreman with his SIDN and the foreman must write in the exact time such member reported at
the grand jury room.
(26) In the afternoon at the end of the session, the foreman shall further write in the exact
time such member leaves the grand jury session room. He shall keep a record of juror's absence
on Form GJ-6. He shall have the power to approve and recommend payment of the per diem of
each grand juror. The foreman shall have the power to assign cases using Form GJ-7 to each
grand juror or a group of 2 or more grand jurors for personal attention and investigation of a case.
(27) He shall keep a log record on Form GJ-31 of each and all cases this Grand Jury is
pursuing. No new case number shall be assigned to a prior docketed or numbered case. He shall
set up the plans to investigate government entities on Form GJ-8 or public officials on Form GJ-9.
In the absence of the foreman, the vice-foreman shall perform the duties of the foreman.
(28) The foreman shall have the power to recommend to the Executive Judge the
termination of service by a grand juror for inexcusable failures to attend two or more grand jury
sessions or for insubordination or gross violation of grand jury confidential rules or instruction.
His recommendation shall be written on Form GJ-23.
(29) Conversely, any six (6) members of this grand jury shall have the power to
recommend on Form GJ-24 to the Executive Judge of this court for the expulsion of its foreman
for: (a) inexcusable failures to attend two or more grand jury sessions; (b) frequent or habitual
tardiness in reporting to the Grand Jury Investigation Room; (c) for drunkenness or substance
abuse; (d) for bribery; (e) close association with public officials suspected of committing
corruption or who is a potential subject of grand jury investigation for corrupt or graft practices;
or (f) for the commission of a crime.
(30) The role of the Secretary and other Members of the Grand Jury:
(31) The Secretary shall: Prepare your daily agenda on Form GJ-33 in consultation with
the foreman; Assist the foreman in preparing the needed daily attendance record of the grand
jury members on Form GJ-5 which he or she shall keep secure in a receptacle and shall not be
appended to the next day's daily attendance sheet. No further entry shall be made on daily
attendance sheet once it is placed in the secured receptacle.
(32) The secretary shall help, or coordinate with, the Clerk of Court to prepare the per
diem vouchers each pay day for all the grand jurors for submission to the Executive Judge of this
Regional Trial Court. The secretary shall be the principal custodian of the records and the
required forms for use of the grand jury.
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(33) The Secretary shall: (a) Prepare your daily agenda on Form GJ-33 in consultation
with the foreman; (d) Assist the foreman in preparing the needed daily attendance record of the
grand jury members on Form GJ-5 which he or she shall keep secure in a receptacle and shall
not be appended to the next day's daily attendance sheet and no further entry shall be made on
daily attendance sheet once it is placed in the secured receptacle.
(34) The Members of the Grand Jury shall take an active role in recommending to the
foreman the investigation and indictment of crime offenders that come to their knowledge. When
a member is assigned by the foreman to take charge of a particular case, such member shall
have the duty to find the names and addresses of witnesses and suspected crime offender.
(35) Any six (6) members of this grand jury shall have the power to recommend on Form
GJ-34 to the Executive Judge of this court for the expulsion of its secretary for: (a) inexcusable
failures to attend two or more grand jury sessions; (b) frequent or habitual tardiness, among
others; (c) in reporting to the Grand Jury Investigation Room; (d) drunkenness or substance
abuse; (e) for bribery or close association with public officials suspected of corruption or potential
subject of grand jury investigation for corrupt or graft practices; or (f) for the commission of a
crime.
(36) Recording Secretary - Powers and duties of the recording secretary: Your recording
secretary shall be (a) responsible in recording the interrogation sessions with witnesses before
the grand jury. (b) He must prepare the electronic recording devices for the session. No
interrogation session of the grand jury shall proceed unless its tape recorder, recording device,
is actually functioning for the exclusive review by its grand jury members.
(37) The recording secretary shall have the power to recommend for the hiring of a
stenographer. The foreman shall provide a security ID number to the stenographer which he shall
record on Form GJ-32, the non-GJ Member Master Designation Registry. The Stenographer
shall not be an employee in any government office or government instrumentality. His
stenographic transcript shall not be subject to subpoena or subpoena duces tecum by any
branches of the government or any government instrumentality, and all of such transcripts shall
be kept in the security vault of the Grand Jury.
(38) The stenographer may either record the grand jury proceedings actually during the
session or the stenographer may transcribe the tape record of the proceedings whichever will be
convenient for the grand jury. The stenographer’s compensation or fee shall be paid on Form
GJ-64. Refer to Section 99, Article III, of the National Jury Law to find the form.
(39) You must remind your stenographer that he or she is bound by the confidentiality
requirements of the grand jury.
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(40) This is your greatest opportunity to serve your community. Take advantage of it with
pride.
(41) I am emphasizing to you, once again, that you have been randomly chosen to serve
as an organized group, known as the Grand Jury.
(42) Your grand jury membership is your opportunity to enforce the rule of law in our
justice system. By this Instruction, you are empowered to secretly investigate and indict in court
any person who has committed a serious crime, punishable by imprisonment for one (1) year
ore more, or by death, regardless of his fame, nobility, royalty, wealth, rank position or title, if
any, in our government or society in this jury district.
(43) You will have the opportunity to secretly investigate crimes and to file criminal
charges in court against crime offenders by means of an indictment without seeking approval of
any government prosecutor or the Ombudsman.
(44) Dissolution of the Grand Jury - I must caution you at this stage, however, that your
term of office is not absolute. Your group as a grand jury may be easily dissolved before the end
of your term for jury duty just as easily as you were chosen today and appointed as members of
the grand jury.
(45) If, in the course of your service, it appears that this Grand Jury is unable to faithfully
perform its powers and duties by reason of disloyalty, apparent corruption or lack of interest in
discharging the duties imposed on it by these Statutory Grand Jury Instructions, this grand jury
may be dissolved by a declaration to do so by your own members;
(46) Any 10 members of your group regardless of official position shall have the power
to jointly present to the executive judge of this court a "Declaration For Dissolution" of this Grand
Jury using Form GJ-29 stating therein the reason for their declaration. They must attach a blank
form, Form GJ-30, to their Declaration for ready use by the Executive Judge.
(47) Thereupon, the executive judge shall order you to show cause within 2 days,
excluding Saturdays, Sundays, and Holidays, from date of filing the declaration why the grand
jury should not be dissolved. By the same date of the filing of the Declaration for Dissolution, the
declarant members shall likewise lay a copy thereof on the desk of their foreman.
(48) Excluding the members who presented the Declaration of Dissolution, there shall be
at least 13 of your members and officers present in court who must show up to resist the
declaration of dissolution, and they must all jointly rebut the allegation in the declaration. Their
rebuttal must be supported by the records of the grand jury to show the forms they have
accomplished, the number of witnesses they have interrogated so far, the indictments or
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memorandum of non-indictments they had decided on.
(49) This court shall order dissolution of the grand jury automatically by either failure to
appear with the desired attendance of 13 members or lack of accomplishments of the grand jury
as shown by its records in spite of your quorum and, in which case, this court will issue its
appropriate order with finality on Form GJ-30.
(50) You will be paid of your per diems up to the day the court ordered your dissolution
if shown in your Form GJ-5 that you have actually attended sessions of the grand jury. You will
likewise be placed under investigation and indictment by the successor Grand Jury if it appears
that you have falsified or forged your records in collecting your per diems.
(51) The executive judge shall thereupon order the Clerk of this Court to padlock the
Grand Jury Investigation Room and forthwith he shall further issue an order to the Clerk of Court
to make an announcement for a drawing at a certain date of names of Grand Jury applicants
remaining in the "Grand Jury Membership Application Raffle Bin" following the date of the
notification of your dissolution.
(52) The executive judge shall follow the same procedure beginning with Instruction No.
(1) of this Statutory Grand Jury Instruction to install the new set of grand jury members.
(53) No person or public official of any rank, position, or power, or title of nobility has the
right to remove you as a member of your group, except upon an accusation for falsification of a
public document in a written complaint, if you commit such an act in connection with your
investigation, or for the commission of a felony and such complaint shall have been investigated
by another grand jury.
(54) When you are performing your jury duty, you must feel superior in authority, but
politely, to any person or public or judicial official who appears before your group regardless of
his rank or position in the government or title of nobility or royalty.
(55) When performing your duties officially as a grand jury, you are representing the
sovereign power of the people within your jurisdiction and you are entitled to a higher dignity by
virtue of your authority than any high government official whom you may permit or subpoena to
appear before this grand jury. You are his Master and he is your Servant.
(56) Primarily, you will investigate crimes that are punishable by a minimum imprisonment
of at least 12 months or more in jail or by death. You will serve in our judicial district as a direct
crime indicting entity and agent in behalf of, and your power to act officially comes directly from,
the Sovereign People of your district, pursuant to Article II, Section 1, of the Philippine
Constitution. It states that "Sovereignty resides in the People and all government authority
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emanates from them.” Your territorial jurisdiction is coextensive with the legislative district in
which this court is located.
(57) Under certain circumstances you may also investigate crimes outside your regular
district and file your indictment in any other criminal court of law of the Philippines.
(58) The Grand Jury System has been enacted to enable the people, through you as a
Grand Jury, to exercise their sovereignty and authority over our government and government
officials. By this Rule, you are instructed to function secretly and confidentially as the people's
secret counter-device against crimes committed in secret.
(59) You must not use your personal telephone or cellphone in making calls relating to
your grand jury investigation to prevent your identities from being traced to your telephone.
(60) You must conduct your interrogation only within the confines of your secret hearing
room and you shall interrogate one witness at a time only. You shall not interrogate witnesses
by group. You must admit to your grand jury room just one (1) witness at a time for questioning.
(61) Your power to investigate pursuant to Article II, Section 1, of the Philippine
Constitution is sovereign. Your power to act will not be restrained by the inter-departmental
boundaries among the legislative, executive and judicial departments of the government as well
as in such other public or quasi-public instrumentality, national, regional autonomous, provincial,
city, municipal and barrio governments whose officials may have committed serious crime within
your province or city.
(62) You have, without seeking permission or authorization from any government
authority, the power on your own original initiative to investigate upon receiving a complaint from
the public and indict in court against:
(a) Any public official regardless of his rank or position in the government, or any person
in the private sector regardless of his title of nobility or royalty, who may have committed a
serious crime of any nature within your jury jurisdiction. Additionally, you shall have the power
to investigate and indict in court any person or public official or employee outside your jury district
if his act or conduct violates the life, liberty and pursuit of happiness of any person who is a
resident within your jury jurisdiction or if his act or conduct threatens or obstructs the flow of
commerce, peace and tranquility of any government entity within your jury jurisdiction.
(b) Additionally, you likewise have the right and power to approve all accusations originally
initiated by the government including but not limited to the accusations by the Ombudsman or
its deputy, or provincial or city prosecutors or fiscals against serious crime offenders before said
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indictment can be accepted for filing in court in accordance with Article III, Section 5(b) of the
National Jury Law.
(63) You have the exclusive power, right and duty to secretly investigate and decide to
file in court all criminal indictments as your findings may warrant in all forms of government
anomalies, graft and corruption, plunder, money laundering, serious crimes or offenses
punishable by imprisonment in jail for one year or more including but not limited to murder,
robbery, grand theft, tax evasion, human rights abuses, acts of fraud or violence in the conduct
of electing public officials.
(64) You will act as direct collective agent of the master of society, the sovereign people,
in your province or district on matters that are within your authority to investigate. You are not
agents under the government and you are not agents under any government official.
(65) Except by this Grand Jury Instruction that I am conferring upon you, no public official
by any definition, civil or military, has the power to command or give orders to you to do or not
to do your job in the Grand Jury.
(66) You must, therefore, independently carry out your official responsibilities with
extreme care peacefully and with dignity befitting of your sovereign position that you have derived
from the sovereign people in your district. You must address each of your fellow members as
honorable officials in performing your duties.
(67) At the end of your 6-month term of service, you shall desist from handling new and
pending cases which shall then be taken over by the new set of grand jury members for
reprocessing or deliberation and decision.
(68) Through your foreman and your secretary, you shall turn over all pending and
unfinished cases, or matters you have not filed with actual indictment in court, and all your grand
jury records to the new set of members of the grand jury.
(69) Your investigative and indictment powers to act are limited. You have no power to
perform any act beyond the powers stated in this Grand Jury Instruction.
(70) Use the prescribed forms required during your Grand Jury Questioning of a Witness.
You must thoroughly familiarize yourselves with the use of Form GJ-39. This is the most
important, “the heart of your job”, in going after crime offenders of society. It is found in Section
99, Article III, of the National Jury Law.
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(71) Each time you report for jury duty, you must have with you your Form GJ-38, your
SIDN validated ID, issued to you by the Executive Judge. Never lose that document. You will not
be recognized or allowed by your police protectors to enter your Grand Jury Investigation Room
without it.
(72) If any of you fail to report for jury duty for two or more consecutive business days
without legal justification, you will be subject to dismissal by this court from your grand jury
membership upon the recommendation of your foreman on prescribed Form GJ-23.
(73) Quorum -
(74) To officially act as a Grand Jury, a quorum of at least 14 of your members must be
present and you must have registered in your attendance record on prescribed Form GJ-5 as
soon as you get inside your investigating room. If you fail to register, your attendance will not be
recognized and there will be no basis to pay your per diems on such date.
(75) If you have a quorum of 14 members present, you must be unanimous with your 14
votes to decide to indict in court a crime suspect of your investigation. If you are threatened with
bodily harm or force to do, or not to do, by any of your fellow members in the grand jury, for the
reason that the act to do, or not to do, is manifestly illegal or against any law, it is mandatory that
you report to your succeeding grand jury or another grand jury for such threat of harm or force
upon yourself.
(76) For this purpose, your foreman with the assistance of your secretary must take a roll
call of all your members present and you should personally write down your SIDN in the Grand
Jury Daily Attendance Form GJ-5. It will be certified to under penalty of perjury jointly by your
foreman and your secretary with their respective SIDNs.
(77) If your foreman or acting vice foreman fails to report for jury duty for two or more
consecutive business days without legal justification, any three (3) of your regular members may
recommend to this court for his termination on prescribed Form GJ-24.
(78) Certification of Medical Illness -
(79) If you claim serious injury or illness as the cause of your absence, you must provide
this court a medical certification on prescribed Form GJ-20 from your treating physician stating
truthfully under penalty of perjury the exact nature of your illness or injury that requires you a rest
and absence from grand jury duty. Nonetheless, even if you are truly ill according to your
doctor’s certification and you are absent from grand jury service for five (5) days or more, you will
be terminated from your grand jury membership by your regular members by the use of Form GJ-
23.
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(80) Without said certification, or if the certificate is a forgery, your request for an excuse
for your absence from jury duty will be denied and this court shall forthwith remove you from your
membership in the Grand Jury. You will be replaced by picking another grand jury membership
application from the remaining applications in the grand jury membership application raffle bin.
If your foreman or acting vice foreman is terminated from jury service, a selection of such officers
will be conducted with supervision by the executive judge of this court.
(81) Each of you will have one vote to cast regardless of your position as a foreman or
secretary to be counted in determining your collective decision and your decision must be arrived
at after your deliberation or discussion. Your vote must be written secretly on a proper Jury Ballot
and prescribed in Form GJ-14 and signed with your SIDN and date of signing. In voting for an
indictment, at least 14 affirmative votes shall support your indictment. None of you should know
each others vote.
(82) You are prohibited to make a decision by flipping a coin. You must keep your
deliberation privately and you must absolutely disallow any person who is not your fellow member
to be present in your discussion or deliberation to indict a crime suspect.
(83) If a high government official wish to see you, you must politely decline to meet such
person or official by stating that you are forbidden to receive any advice or instruction regardless
of the rank and power in the government of such person. For this purpose, you must use the
Form GJ-50 to decline the request.
(84) If in the communication of such official, he is asking for information about your
investigation on any matter, you must politely decline to provide the requested information stating
that you have no power or obligation under the grand jury Law to disclose any information on any
subject of your investigation. For this purpose, you shall write your response letter as prescribed
in Grand Jury Form GJ-65.
(85) You may optionally, in lieu to the foregoing GJ Instructions (83) and (84), instead
issue a summons, using Form GJ-52 to the official seeking a meeting with you or requesting
information or certain records in the custody of the Grand Jury and place him in the witness stand
under oath for questioning by the members of the Grand Jury but you must not disclose or you
must not give the information he is asking. Get more information from him instead. However,
DO NOT USE this option if he is a crime suspect. Use Instruction No. (83) or (84), as the case
may be.
(86) Your first task upon receiving an information about a crime:
(87) Upon receipt for the first time of a report of a crime or complaint from a victim, or
from a prosecutor or an anonymous informant, you must promptly inform your foreman about the
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case. Your foreman shall thereupon record and assigned a "Grand Jury Case Number" for the
case on the prescribed log record known as "Foreman's Case Intake Record And Assigned
Cases to Jurors" on Form GJ-31.
(88) You are required to act in presenting a criminal accusation in court, called an
Indictment on an appropriate prescribed Form GJ-15, GJ-16, or GJ-17 (as the case may be)
upon complaint by, and in behalf of, crime victims, witnesses, police or prosecutors against crime
offenders based on your independent decision.
(89) You need not seek the approval by any other government authority whatsoever to
make your decision and you shall not be bound necessarily by the recommendation of such, or
any, other government official or authority. You must first investigate the matter to make your
decision based on your independent findings of facts and evidence.
(90) Your decision to indict or approval of your indictment, or return of an indictment, must
be based on your finding of a probable cause that the suspected offender is guilty of a crime.
Probable cause is a situation where a crime is committed and you have a reasonable belief that
the suspected offender has committed, and is guilty of, the crime. It is not necessary that you
gather a set of evidence with proof beyond reasonable doubt to support your indictment. A
natural human reaction or statement resulting from a sudden or surprising event can be
considered an evidence.
(91) Required Number of Votes to Present Indictment in Court - To approve or return an
indictment, there must be at least an affirmative secret vote of 14 members gathered out of all
those present at your session to indict. If you are unable to reach 14 votes, you should obtain
additional evidence or find and call or recall a witness for clarification of an issue that prevents
you in finding a probable cause for your indictment, otherwise, you will simply pass and write a
“Memorandum of No Indictment” on prescribed Form GJ-18. When you are confronted with a
difficult decision to make, you must review and adhere to your oath of office. Consult and review
your Form GJ-25 to arrive at your good faith decision one way or the other.
(92) You have the power to hire the services of a stenographer who will record your
proceedings and/or you may order for the purchase of an electronic recording device to record
your proceedings all at government expense. You must submit your request for a stenographer
or to purchase a recording device with the clerk of this court;
(93) You are immune from civil liability for your collective acts as a grand jury but you may
still be charged individually for committing any criminal act as defined by law. Your grand jury
membership is a mere privilege and it is not a matter of right. You are hereby reminded that you
can be summarily removed upon recommendation on prescribed Form GJ-23 by your foreman
to the executive judge of this court.
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(94) You are not a lawmaking body. It is not within your powers to make laws, rules or
regulation except only as to such rules for the internal and orderly conduct by and among
yourselves.
(95) For matters you wish to investigate, you may take leads from newspapers or any
media including online or Internet publications about serious crimes committed within your
jurisdiction.
(96) Your jurisdiction is coextensive with the legislative district in which this regional trial
court is located;
(97) You may use the prescribed form known as "Extract Record from Anonymous Report,
referred to as Form GJ-11 in recording the various information you have gathered about the
crime. It is part of your job to determine the address or residence or job location of the subject
of your investigation and the names of possible witnesses.
(98) You may publish your invitation for anonymous reporters or tipsters of crimes using
the form "Invitation for Anonymous Crime Informants" prescribed as Form GJ-10 to submit their
confidential crime information to the Clerk of Court or in the "Citizen's Secret Crime Reports Drop
Box" located in the lobby of this court house about the name and address of the suspect, his job,
if known, the crime he committed, and names and addresses of witnesses to the crime. Form GJ-
10 is a highly valuable means of finding witnesses to the crime that you are engaged to
investigate.
(99) You shall avoid mentioning the name of the suspected offender in your published
invitation. You need not ask for the reports to be signed. Any time of the business day, your
secretary shall pull out all contents of the "Drop Box" and write or stamp on each of them the
date you received a report of any type.
(100) You may work as a team of 2 or more members on a case in your office with
supervision of your foreman and you need not go out to the fields in your investigation. You
should rely on the information given by the testimony of witnesses the tipsters and whistle
blowers have named in their report whom you shall subpoena for secret questioning in your
grand jury room.
(101) Once you have recorded a case in your Form GJ-31, you must finish its
investigation within forty-five (45) days, excluding Saturdays, Sundays and Holidays, from the
date you have recorded the matter on Form GJ-31 or from the date of your receipt of a complaint.
Your job on a particular case is deemed completed by filing your Indictment in court with the use
of the appropriate prescribed Form GJ-15, GJ-16, GJ-17, or Form GJ-18 , as the case may be.
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(102) You shall file your indictment in court confidentially. You have the choice to file your
indictment with the clerk of this court or in any other clerk of court with another trial court within
this judicial district or in any other district. You may inquire from the clerk of this court the
locations of other trial courts in this judicial district.
(103) You need not go out in person from your investigation room for the filing of your
court indictment. You simply summon the clerk of this court, or clerk of another court, where you
wish to file your indictment. For this purpose, you shall use and fill in the prescribed “Summons
Form”, Form GJ-41, and present the same to the Clerk of Court of the court where you wish to
file your indictment.
(104) You shall not disclose, gossip, or publish, or announce, outside your fellow members
any information regarding your investigation on any matter. You must absolutely keep your
proceedings strictly confidential or secretly at all times.
(105) As a reminder, you have the sovereign power to approve or disapprove felony
accusations filed by a government prosecutor. Before accepting the complaint from the
prosecutor, you must, for your convenience, require the prosecutor to pre-accomplish on
prescribed Form GJ-15, or Form GJ-16, or Form GJ-17, as the case may be, and to speed up
your processing in approving the indictment.
(106) Before you approve complaints or accusations filed by government prosecutors, you
must require the appearance before you of the government witnesses for your direct examination
or questioning in your grand jury room with such witnesses or seek other evidence by subpoena
or by subpoena duces tecum by using prescribed Form GJ-12.
(107) You shall submit to the clerk of this court your subpoena who shall forthwith assign
the server of your subpoena to the witnesses.
(108) In the event that you find any inconsistency or conflict between the information
provided to you by government prosecutors or investigators and testimony of a victim or witness
to a crime, you may consider the testimony of the victim or direct witness more believable or you
may summon the Prosecutor to clarify certain inconsistencies in the evidence. Use Form GJ-52
for this purpose to require the appearance of the Prosecutor.
(109) Optionally, you have the additional power to designate any competent citizen, or any
public official, police, or military officer, to serve your subpoena or subpoena duces tecum other
than through the Clerk of Court. Nonetheless, you must always ask the Clerk of Court of this
Courthouse to serve your subpoena or subpoena duces tecum, or summons, for your
convenience.
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(110) Your power to issue subpoena or subpoena duces tecum is sovereign to compel
attendance of any witness or production of documents regardless of his rank, title, or position in
the government or any private citizen or person of nobility in the community in connection with
your investigation. If such witness refuses to obey or ignores your subpoena, you may indict such
witness for obstruction of justice using prescribed Form GJ-16 upon proof or evidence that you
have validly served such witness with your subpoena.
(111) Should you find that a witness has testified falsely before you as a grand jury, you
may indict such witness for perjury, or for obstruction of justice using prescribed Form GJ-16 or
Form GJ-17, as the case may be, if his testimony has been intended to delay, frustrate, prevent,
or confuse the grand jury in its investigation of a case or to cover-up the criminal act of a crime
suspect. At the start of his testimony, you must admonish the witness of his liability and penalty
for obstruction of justice, should he provide you with false or misleading information.
(112) You must present at least two (2) witnesses to prove your indictment for perjury or
obstruction of justice against the subject witness; or
(113) You must present at least three (3) of your members to serve as witness who will
testify to prove that such witness had given you untruthful or evasive information, In such event
any of your members who will testify to support your indictment shall be assigned with another
SIDN as a witness by registering such member in your Form GJ-32;
(114) You must allow no lawyer, or any public official, military or police officer, any
member of the media, a person of nobility or royalty, or anyone to appear with the witness in your
investigating room. You must admit only one (1) witness at a time in your grand jury room for
questioning. If such lawyer or anyone of such personalities will forcefully get inside or remain
inside your grand jury investigation room, or advises a witness to refuse to testify before you, you
have the power to file an indictment for obstruction of justice against such attorney or anyone of
such personalities by using the prescribed Form GJ-17 for that purpose.
(115) You must discuss and deliberate among yourselves alone secretly or confidentially
as a group and only in your exclusive deliberating room. Violation of this rule will invalidate your
decision to charge the object of your indictment.
(116) You must avoid discussing or debating with any person, witness, public official,
police, investigator, prosecutor, or any lawyer. Simply inform any of such persons that the grand
jury has no authority to discuss investigation matters in the presence of non-grand jury members.
(117) The Clerk of this Court will assist you in finding your investigating room at which
place, no one, except yourselves exclusively will be allowed to occupy in performing your official
business.
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(118) You must inspect each day, and demand, that your room is not being tapped with
illegal surveillance or bugging devices.
(119) Other than the witness you have summoned for questioning, you must absolutely
disallow anyone else to enter your room without your prior summons or subpoena.
(120) No public official of any rank or position in the government has the right, and you
must not allow anyone, to change or control your decision to indict, or not to indict, any person.
(121) You must not be intimidated by the fact that the person you are dealing with, or the
subject of your investigation, is a lawyer or a law practitioner or any other professional
practitioner, or any public official of any rank, title or position in the government or any person of
nobility.
(122) When acting as a group in your capacity as a Grand Jury, you carry the sovereign
power and authority of the people in your grand jury district which comprises the same
congressional district over which you have jurisdiction to act in accordance with Article II, Section
1, of the Constitution.
(123) You have the power to require a witness who will testify before you to take an oath
or affirmation but you have no power to extract a statement from a witness with force or
intimidation or with a display of any firearm or weapon anywhere in your investigation
environment.
(124) Your foreman will preside over your interrogation session who may assign, or allow,
anyone of you to profound questions to the witness. You must record your investigation
proceedings electronically or by a stenographer or both.
(125) Conducting your first interrogation of a witness-
(126) Before calling your first actual questioning session with a witness, you must conduct
a practice session among yourselves. You must make sure that you have a stenographer and
an electronic recording device to record your practice proceeding. Follow the instructions in Form
GJ-39. Mastery of this form will give you more confidence in dealing with any witness.
(127) You must show your proficiency to the witness to gain respect for the Grand Jury
by any person who appears before you. You must be respectful but firm in dealing with such
person or witness. You may use English, Tagalog, or local dialect most easily understood
between you and the witness.
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(128) Procedure in the interrogation of your witness:
(129) Prepare by filling in your Form GJ-13, interrogation quorum and witness appearance
form.
(130) Consult the prescribed interrogation form, Form GJ-39 and follow the instructions
in that form to conduct your interrogation of your witness. You must memorize a certain short
paragraph in the form.
(131) All of you must memorize at heart the instructions in the said form. Familiarize
yourselves of all the grand jury forms.
(132) I instruct you to use the current entire week for holding classes in your grand jury
room to learn the Jury Systems with your foreman acting as your lead instructor. Make sure that
you accomplish Form GJ-5, your attendance record at your Grand Jury Room to enable you to
collect your per diems.
(133) Beginning on Monday, next week, with the help of the clerk of court, I instruct you
to advertise, using Form GJ-10, to invite anonymous crime informants to submit secret crime
reports of the particular crime you wish to investigate.
(134) When a member starts to speak, he must first address the foreman to ask his turn
to speak with the witness and such member must raise to display his SIDN for all your
co-members and the witness to see. Your SIDN should be printed in block type on a half-size
regular short bond paper, exactly a dimension of 8-1/2 and 5-1/2 inches. The numbers shall be
printed 3-1/2 inches in height and must centrally occupy 6 inches across the paper.
(135) Proceed to Form GJ-39 to prepare for your witness today.
(The following topics are NOT TO BE READ to the witness) (These topics are being read
to you for your instruction)
(136) You are required that no indictment is filed in court until you are convinced as a
group that the case being filed is factually supported by direct, clear and convincing evidence
according to your own independent findings and judgment and not on the basis of rumors or
political inducements from any source whatsoever.
(137) You must arrive at your independent decision only after a confidential and careful
deliberation among yourselves absolutely without the presence of anybody whatsoever who is
not a member of this Grand Jury.
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(138) When a crime suspect has committed several offenses, prepare a separate criminal
complaint or information for each offense committed; Alternatively, consult a government
prosecutor in your district and request for help in preparing the complaint. Use Form GJ-52 to
summon the Prosecutor to appear in your grand jury hearing room.
(139) When there are several crime suspects who conspired in the commission of a crime,
consult a government prosecutor in your district and request for help in preparing the complaint.
Use Form GJ-52 to summon the Prosecutor to appear in your grand jury hearing room.
(140) In a crime where the suspected offender may have enriched himself, you must
consider further investigation and indictment for tax evasion crimes.
(141) You may refer to taxation laws among which, but not limited to, Republic Acts 7642
and 8424 as amended. You may issue a summons to a tax accountant to seek professional
advice, at government expense, prior to your filing of your criminal indictment for tax evasion. Use
Form GJ-55.
(142) You must admonish the tax expert to keep your consultation with strict secrecy and
avoid disclosing the name of the suspected offender and the names of witnesses.
(143) To arrive at your official decision to indict or to accuse the crime suspect with two
or more criminal offenses, you must perform separate voting session for every indictment of each
crime. Your decision to indict must be based on a "Probable Cause."
(144) Elements of Probable Cause -
(145) A probable cause of the crime exists when you have found a basis or fact which lead
you to reasonably conclude that the suspected offender is guilty of the crime.
(146) Your belief shall be derived from the fact that the witness, among others, personally
saw the act of the offender in committing the crime, or that the witness personally heard the
offender saying that he committed the criminal act.
(147) You may likewise consider how far or near the witness was at the scene of the crime
or when the witness heard the crime offender stated of the commission of his crime. Take into
consideration lighting or darkness of the location of the crime to show how visible to the witness
the occurrence of the crime was.
(148) You may also consider how much access or control the witness had with the
records, things or object in the possession of, or belonging to, the suspected offender at the time
of the commission of the crime.
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(149) Before writing your secret vote, you must follow the procedures below and certified
under oath by your foreman with no one else present in the grand jury room but exclusively
among you that compose your quorum.
(150) Review the transcript or rehear the tape recorded testimony of the witness;
(151) Reexamine all pieces of evidence or documents in your possession relating to the
case and how the witness has obtained them;
(152) Carefully examine the elements and definition of the law that you think the
suspected offender has violated. You must have a basic understanding of Articles 1 to 113 of
Book One of the Revised Penal Code of the Philippines. They all generally apply in concept to
any type of crimes that you will be dealing with.
(153) When you write your indictment or accusation, the specific words that you basically
use to associate with the offender are: "willfully," "unlawfully," "feloniously," "knowingly." You
must attempt to "read" the mind of the offender whether his thoughts during the commission of
his crime were associated with such words.
(154) Crimes, except for strict liability crimes, have two basic elements, things the
prosecutor has to prove to convict the accused: "a guilty mind" and "a guilty act."
(155) The prosecutors and judges are required to show those elements to the trial jury to
prove your accusation against the accused crime offender.
(156) After you have done the foregoing routines, your foreman shall randomly create two
opposing groups called "Anti-Indictment Group" and "Pro-Indictment Group" with equal number
of memberships. Your foreman shall exclude himself from any group and preside your
proceedings. He must stay neutral and avoid arguing with any member of either group. He must
strictly follow this rule. (1) Firstly, the foreman shall call for volunteers for membership in the
"Anti" group. (2) If there are not enough volunteers for that group, he shall appoint any member
from the remaining group into the "Anti" group regardless of the personal opinion of such
member to favor indictment. Those who serve in the "Anti" group shall, nonetheless, secretly vote
as they wish either for or against the indictment.
(157) Your foreman should solicit arguments from the members of each opposing groups
by asking specific questions in the following manner:
(158) He should ask the members of the "Anti" group with a questions such as: (1) "Why
do you think that the suspected offender may not be guilty in this case? (2) Are you aware of a
law that may excuse him from criminal liability? (3) What possible defense or defenses you think
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the suspected offender has in this case? (4) From the testimony of the witnesses, did any of
them said that his knowledge of the crime is based only from the information he heard from some
one else and not on his own observation? (5) Testimony on someone else's knowledge is a
hearsay evidence and will not be admissible at the trial of this case. (6) Does the documentary
evidence in our hands directly show the guilt of the suspect? If not, we need to know? (7) Would
you want, before we vote to indict the suspected offender, to do more research? (8) Please
speak up and let us all listen to what you say." The foreman should allow the "Anti" speaker to
talk without interruption from anyone. He must allow as many "Anti" speakers who wish to talk
against the indictment or in defense of the suspected offender.
(159) After addressing the “Anti” group, your foreman should now direct his attention to
the "Pro" group. His question to the "Pro" shall be: (1) "Do you find in the evidence or in the
testimony of the witness(es) a probable cause or reasonable ground for us to believe that the
suspect is guilty of the crime? (2) Did the witness say that he actually saw the commission of the
crime by the offender? (3) Does the documentary evidence directly show the guilt of the suspect?
If yes, please let us know." (4) Have you searched the laws that may excuse him from criminal
liability? (5) Would you want to do more research, before we vote to indict the suspected
offender? If, so, call for an informal voting by raising hands. (6) Please speak up and let us all
listen to what you say." The foreman should allow everyone who wish to speak for the indictment
of the suspected offender to talk without interruption from anyone.
(160) If you doubt about the guilt of the suspected offender, it is your obligation to do
more legal research or consult a competent criminal law lawyer before you vote in your decision.
You must use hypothetical situations and avoid mentioning real names of persons who are
involved in the case you are investigating. Should you intend to retain such attorney to prosecute
the matter and he accepts the case as private prosecutor, then you need to let him know the real
names of the real people who are involved in your case.(CAUTION: He might be a DECOY or
spy for the crime suspect.)
(161) If the issue is to do more research and it is preventing you to decide one way or the
other, you shall come to a secret vote in the research issue. If the research issue is in the
negative, then you come to a secrete balloting to determine whether to indict or not to indict and
write the proper form, either Form GJ-15 or Form GJ-18.
(162) Even if there is no anti-indictment speaker, your foreman must still ask the required
questions to the Pro-Indictment Group. It is important that each grand juror understands that he
must personally find probable cause or reasonable ground for a belief that the suspect is guilty
of the crime for indictment.
(163) It is not necessary that you convince your opposing members to vote in the side of
your argument. Think of yourself as a solo judge with the obligation to find the probable cause,
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or lack of it, and let your total collective votes determine the decision of the grand jury and not
the individual opinion of its members. It must be a decision arrived at collectively without force
or tyranny from any of your members.
(164) After the speakers have talked, your foreman should announce to proceed, if you
are convinced that you had investigated and examined enough the evidence and witness/es to
make your final decision by secretly casting the vote of each and all members and officers
including the foreman of the grand jury.
(165) Use the prescribed Form GJ-14 to cast your ballot. Upon completing your ballot, fold
and submit it to your secretary. The secretary shall not open or count your votes until everyone
has submitted his/her ballot and only then shall the secretary shall read the number of the “Yes”
votes and of the “No” votes. Thereupon, the foreman shall announce to the Grand Jury members
the decision to indict or not to indict the suspected offender.
(166) It is required that you arrive at with at least 14 "yes" decision votes of your members
to return an indictment in court. In such event, you shall chose and write your indictment on Form
GJ-15, GJ-16, or GJ-17 (as the case may be);
(167) If you arrive at with at least 14 "no" votes, then you shall prepare your Grand Jury
Memorandum of "No Indictment" on Form GJ-18. In such event, you shall simply archive the
matter without further comment as if the matter was not investigated to allow another set of a
new grand jury to reopen and further investigate the matter.
(168) If any of your members feels that there is an urgent need to reopen the matter for
further investigation, such as calling or finding more witnesses, or gathering more evidence, he
shall make an oral motion to do so during any session of the grand jury. If the motion is seconded
and approved by a simple majority in which a quorum is present, then the case will remain open
for further investigation. Your foreman shall then assign the matter to a member or group of 2 or
members to pursue the matter. Use Form GJ-10 to invite more anonymous crime informants.
(169) For filing your indictment in court, prepare and sequentially arrange your indictment
documents as follows:
(a) The Indictment or Complaint duly signed with foreman’s SIDN;
Use Form GJ-15; Form GJ-16, or Form GJ-17, as the case may be.
(b) Form GJ-19, List of Exhibits;
(c) The Exhibits in the same sequence as listed on Form GJ-19.
Make an extra copy of your Indictment and the Exhibit List for your Grand Jury file. Thereafter,
serve your summons to the Clerk of Court on Form GJ-41 to come to your Grand Jury Room to
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pick up your indictment.
(170) At your Grand Jury Room, confer with the Clerk of Court and have him and your
Foreman jointly inspect all documents and exhibits. Upon submission of the entire documents,
have the Clerk of Court stamp with the Court Filing Stamp on the Indictment and the Exhibit List
as well the Docket Case Number on both the original and your grand jury file copy.
(171) It is essential that the stamp date of the filing with the Clerk of Court of your
indictment must be within the period of your Grand Jury period of service.
(172) Your foreman shall remind the Clerk of Court that the filing of the grand jury
indictment must be kept highly confidential and shall in no case be disclosed or announced to
the media or to the public until such time that the accused has already been taken into custody
upon execution of the warrant of arrest issued by the judge based on the filing of the indictment
against him.
(173) Instruction for secrecy of investigation - It is imperative that your criminal
investigations be conducted secretly and strictly confidential.
(174) The purpose of this secrecy rule is to prevent the crime suspect from becoming a
fugitive from justice;
(175) To protect the constitutional innocence of the crime suspect from trial by publicity;
(176) To prevent the suspect or victim or their respective sympathizers from tampering any
evidence or of threatening, harassing or harming potential witnesses;
(177) To protect both the victim and crime suspect from harming each other or by their
followers.
(178) To protect you, the members of the grand jury, from threats or harassments or harm
by heavily armed or highly influential or publicly powerful suspects of crimes and by their crime
sympathizers and accomplices or their private armies;
(179) To prevent potential trial jurors from prejudging the guilt or innocence of the crime
suspect once they are called in to serve as jurors;
(180) To protect judges and government prosecutors and private investigators from illegal
or unethical interference, threats, harassment, or physical harm from highly armed or powerful
or wealthy vindictive elements of society; and
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(181) To encourage potential crime informers and whistle blowers to secretly report to the
grand jury any criminal wrong doings in their workplace, neighbourhood, organizations, and
grafters among their circle of friends.
(182) Optional and exceptional notification to suspect prior to filing of grand jury indictment
- If in your opinion, nothing in the above confidential precautionary policy measures will be used
or taken advantaged of by the suspect, in any way, to interfere in your investigation of a crime
such as when the suspect may have been positively known for being a peaceful or pacific person
in the community and with no known ties with abusive highly armed elements in the community,
or he is not associated or friendly with highly suspected corrupt powerful or high official or
officials of the government, you may, but not necessarily, notify the crime suspect, or subject of
your crime investigation, using Form GJ-36. Use your sound discretion.
(183) You may likewise notify the suspect using Form GJ-36 if, after you have
interrogated the witness or witnesses presented by the complaining party, in your opinion, it
appears that the contemplated accusation is clearly whimsical, capricious, or illegal and merely
used to harass or embarrass the alleged crime suspect by the accuser.
(184) You cannot be compelled individually or as a group to allow a criminal suspect
under investigation or his attorney or any person or public official to be present with you in the
grand jury investigation room to cross-examine a witness. Preventing a criminal suspect from
being present at your investigation proceedings to cross examine a witness before you does not
deprive him of his "day in court" because this grand jury is not a court.
(185) If the crime suspect presents a written statement, such statement shall be filed with
the Clerk of this court and you must require that the statement be accompanied with a "Certificate
of Truthfulness" prescribed in Form GJ-26. Any attachment therewith shall be serially numbered
at the bottom right hand margin of the page attached and the clerk of court shall deposit the
same in the "Citizen's Secret Crime Reports Drop Box" for pick up by the Secretary of the Grand
Jury.
(186) You shall not allow under any circumstance any person or public official,
magistrate, judge, commissioner, officer, or employee of any government branch, tribunal, court,
commission, instrumentality, any police or military organization, to interfere with your functions
or to inspect any record in your custody.
(187) A grand jury is a direct repository guardian of the sovereign power of the people
and its records shall not be retrieved by subpoena duces tecum. You may either dispose of any
matter for investigation by the filing of your indictment or by issuing a memorandum of no
indictment and no one shall compel you to do either way.
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(188) You have the power to file an indictment for obstruction of justice on prescribed
Form GJ-17 against any person or public official, regardless of his rank or position, or any of his
agents, delegates or deputies, officially or unofficially, who may communicate with any of you,
directly or indirectly, to interfere in any manner, intercede in behalf of the suspected offender, or
to impede or in anyway frustrate the conduct of your official business or investigation.
(189) You have the discretion to ignore the interrupter of your proceedings or file outright
an indictment for obstruction of justice by the use of Form GJ-17, or with any other appropriate
indictment, against him if the interruption is accompanied with a violent act, threat of force, threat
of physical harm or death against any of your members or member of your families.
(190) You have the power to issue a hold departure order notice with the Bureau of
Immigration or with the Secretary of Foreign Affairs or to any of their deputies against any person
or public official whom you may contemplate to investigate for, or to call as a witness in, the
commission of a serious crime to prevent such person from leaving the country until such person
shall have been cleared of his criminal liabilities or that said person is no longer a potential
witness in the investigation of such serious crime. You shall use the prescribed Form GJ-40,
Grand Jury Hold Departure Order Notice, for this purpose. Any person or public official who shall
disobey, ignore, or violate your hold departure order shall be liable for the crime of obstruction
of justice.
(191) You are entitled to a compensation and it will be paid in the form of a voucher as
prescribed in Form GJ-27, found in Section 99, Article III, of the National Jury Law. You may
cash in with a cashier at any government treasury or cashier or any bank. The voucher will be
prepared in the middle and end of each month and delivered to you by the Clerk of this Court and
approved by the Executive Judge of this Regional Trial Court. Additionally, if you are seriously
injured, or in case of death your next of kin, are further entitled to an indemnity regardless of fault
of your injury or death arising out of, or in the course of, jury service in accordance with Article
II, Section 7 of the National Jury Law.
(192) You are not allowed to accept or receive any form of compensation, money or
anything of value or pleasure, from any person, company, corporation, public official, government
entity or any other entity whatsoever under any term or condition, except the per diem and injury
or death indemnity benefits you are entitled to by the National Jury Law.
(193) You have the obligation and the power to investigate and file an indictment in court
for any crime committed by your fellow members in the grand jury including acts of bribery
against any member of your group or falsification of his application for grand jury membership,
if warranted by evidence. If you are unable to investigate or indict such erring fellow member
during your term of office, any one of you must secretly report the matter to the next succeeding
Grand Jury upon, or after, the expiration of your term of office.
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(194) In the crime of bribery, you must indict or file a criminal indictment for bribery
against the recipient of the bribe who is a public official, if the giver of the bribe is a private
citizen. In such case, you may offer in writing, using prescribed Form GJ-21, to exempt or
immunize such giver or offeror from prosecution on the condition that he shall testify against the
recipient of his bribe. Should the giver or offeror of the bribe refuses to testify after serving him
with the written offer of immunity from prosecution, you shall file an indictment for obstruction of
justice against such giver or offeror using prescribed Form GJ-17 in Section 99, Article III, of the
National Jury Law, even if you may be unable to file an indictment for bribery against the
recipient.
(195) In the crime of bribery, if the bribe giver or offeror is a public official or a candidate
for election, or for an appointment to a public office, and the recipient of the bribe is likewise a
public official, or a voter during an election for a candidate, or a person recommending for
appointment of an aspirant, to hold a public office, you may offer in writing, using prescribed
Form GJ-22 in Section 99, Article III, of the National Jury Law, to exempt the recipient from
prosecution for bribery on the condition that such bribe recipient shall testify against the giver or
offeror of the bribe. Should such bribe recipient refuse to testify against the bribe offer, you shall
charge the bribe recipient for the crime of obstruction of justice using Form GJ-17 even if you
cannot charge the giver or offeror of the crime of bribery.
(196) Should any of you disagree over the majority decision of your fellow members in
an official session wherein a quorum is present, whether you were present or not at said official
session, you must not in any manner individually or unilaterally override, suppress, prevent, or
in any manner, frustrate by use of force, or threat of force, or by the use of disrespectful
language, the implementation of such majority decision. Should you, as a member of such body,
violate this instruction, you will be held personally liable for the crime of obstruction of justice
using Form GJ-17 in the Grand Jury Table of Forms in Section 99, Article III, of the National Jury
Law.
(197) In making your decision, you must disregard the position, nobility, royalty, or rank
in the government, or wealth, profession, religious faith, or social standing in the community, of
the person under your investigation. You must consider solely his acts in committing an offense
or crime on the basis of the evidence and the law that you find as the sole and only factor in
arriving at your decision. You must avoid giving special treatment to such person more than you
would give to another with the same or equal dignity upon an ordinary person.
(198) Upon motion by any of your members in reference to, or upon complaint by a victim
or witness of, a serious crime that has been investigated and dismissed by a prior Grand Jury,
you shall have the power to investigate anew the same matter and to present an indictment in
court against the suspected offender if warranted by your finding of probable cause.
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(199) In preparing your indictment, you may refer, but not limited, to the laws listed and
cited following this instruction:
(200) Presidential Decree Number 1829 as amended;
(201) Republic Act 386, Article 3, of the Civil Code as amended;
(202) The Revised Penal Code of the Philippines, Act 3815 as amended;
(203) The Anti-Graft and Corrupt Practices Act, Republic Act 3019 as amended;
(204) The Crime of Plunder, Republic Act 7080 as amended.
(205) The Anti-Money Laundering Law, Republic Act 9160 as amended; and
(206) Government Procurement reform Act, Republic Act 9184 as amended;
(207) Such other laws defining an act as a criminal offense and punishable by
imprisonment in jail for one year or more, including but not limited to child abuse laws, illegal
gambling laws and other criminal laws.
(208) For educating yourselves relating to your investigation and indictments, you may
visit the e-library of the Philippine Supreme Court web site by searching on line the phrase:
“Philippine Supreme Court Library.”
(209) You may, in preparing your indictment, consult a lawyer, CPA, or other
professionals for advice during your en banc session with no other person or witness present but
only with your members exclusively. You shall present hypothetical scenarios or questions to
such consultants but you shall not disclose any name of the object of your investigation or
indictment, or of the name of the witness or witnesses you may call, or may have called. You
shall ask the consultant to keep your consultation and the subject of your consultation strictly
confidential. Whether advised or not, consultants shall have the ethical duty to keep any grand
jury consultation with strict confidentiality under pain of disciplinary action for disbarment or
license forfeiture including criminal liability for obstruction of justice. For your appointments with
said consultants, you will find the prescribed appointment forms, namely: Forms GJ-52; GJ-53;
GJ-54; GJ-55; GJ-56; GJ-57; GJ-58; GJ-59; GJ-60; GJ-61; GJ-62; and GJ-63.
(210) For the purpose of unifying the people in the country to prevent lawlessness in any
form, you may proceed with your action in the manner as indicated in the numbers in the next
Statutory Grand Jury Instructions :
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(211) You may investigate a crime in another jury district, or congressional district, of any
province or city in any other part of the country upon receiving a complaint from a resident of
such district regardless of whether he is a crime victim or not if, in your opinion, the said crime
may affect or jeopardize, or has affected or has jeopardized, in any manner the peace, security,
economy, commerce, transportation of the people and finances of the local government in your
district.
(212) If two or more grand juries of different congressional districts are investigating the
same crime involving the same offender or offenders, the first grand jury which has taken prior
action to investigate said crime shall have the right to continue to pursue the matter until it has
filed its indictment in court over the said matter.
(213) You may file your criminal indictment against the offender of a crime committed in
a different district in a trial court within your own district or in another district if, in your opinion,
no fair trial of the case may be obtained in the district where the alleged crime was committed.
(214) You have the power to issue a subpoena, or subpoena duces tecum, or summons
to any officer of a bank regarding an account to determine any ill-gotten wealth of the subject of
your investigation notwithstanding any bank secrecy law, rule or policy, to the contrary regardless
of whether said bank is located in another grand jury district from your own. Use the prescribed
Form GJ-12.
(215) Prior to your embarking in the indictment of suspected crime offenders pertaining
to graft and corruption and other theft or malversation of funds and property, you need to consult
Section 93 of the National Jury Law.
(216) Refer to Section 94 of the National Jury Law for crimes that are punishable before
and after its enactment. Among others, the include crime offenders of electoral fraud or
terrorism, murder, robbery, arson, chastity crimes, and other crimes that violate human rights are
not forgiven .
(217) You have the perpetual power to launch a criminal action against any suspected
crime offender punishable under Republic Act 3019, known as the Anti-Graft Law, who shall
continue to keep the fruits of his crimes such as real or personal property including money bank
accounts locally or in foreign countries after this National Jury Law has taken.
(218) Go to Section 91 in connection with graft and corruption in jailhouses or jail
institutions. They are the most overlooked anomalies in the government in which public funds
use to buy food for inmates are often lost without trace. Victims in these institutions are afraid
to complain. Therefore, even in the absence of a complaint from any victim in a jail facility, you,
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the Grand Jury, have the power to initiate investigations of jail anomalies upon your induction in
office without waiting for a complaint from victims of said facilities.
CERTIFICATION BY THE INSTRUCTING JUDGE
“I certify under my official oath that I have person ally read to the Grand Jury the
foregoing instructions this ______ day of _________ ____, 20___ without any deviation to
the said instruction. I further certify that each m ember of said Body has been furnished
an authenticated and signed copy by my hand of said instructions and a translation
thereof in the local dialect of my district. I fina lly certify that I have provided each member
of said Body in booklet form the entire copy of the Rules of the Jury System.
Signature : _____________________________
Printed Name: _____________________________
Official Title : Executive Regional Trial Judge"
End of the Form For the
The Statutory Standard Grand Jury Instruction
___________________________________________________________________________
Section 25. The power and authority of the Grand Jury is hereby derived directly from the
sovereign power and authority of the people in Article II, Section 1, of the Constitution. The role
of the government in the functioning of the grand jury to investigate crimes and to indict in court
suspected crime offenders shall be advisory and it shall in no case control the deciding power
of the grand jury.
Section 26. The Grand Jury shall have the power to issue subpoena or subpoena duces
tecum, or summons, and any disobedience thereto by the witness upon whom said processes
have been directed, and served, shall render such witness criminally liable for obstruction of
justice with punishment by imprisonment from three to five years in jail. Such legal processes
shall be enforceable anywhere in the Philippines.
Section 27. Secrecy of the filing of the criminal indictment.
(a) The filing of the grand jury indictment shall, and must, be kept absolutely confidential
by the clerk of court and shall, in no case, be disclosed or announced prematurely to the media
or to the public until such time that the accused has already been taken into custody upon
execution of the warrant of arrest issued by the judge based on the criminal indictment filed in
his court by the Grand Jury against the said accused.
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(b) Any party who has been aggrieved by the premature announcement of the filing of
said indictment in violation of this section may file a criminal complaint for Obstruction of Justice
with the Grand Jury against the clerk of the court before whom said indictment was filed in
addition to the filing of other indictments against liable parties for such other crimes that have
arisen that has proximately caused injury or death to the aggrieved party.
Section 28. The Grand Jury shall have the power to secretly investigate any and all
crimes punishable by law with imprisonment for at least one year, or more, in jail, or by death,
and to file an indictment in court upon its finding of probable cause that the alleged crime may
have been committed by the suspected crime offender or offenders. No judge or justice shall
have the power to over rule the finding by the Grand Jury of probable cause that the crime may
have been committed by the alleged offender of the crime and based on such issue, a judge or
justice shall have no power to refuse to issue a warrant of arrest on the grand jury indictment
against the suspected crime offender.
Section 29. The power of the Grand Jury to pursue disciplinary complaints against
licensed professionals -
(a) The Grand Jury shall have the power to secretly investigate any complaint for
administrative disciplinary action against a licensed professional for ethical misconduct including
but not limited to lawyers before the Supreme Court, physicians before the Medical Board, and
other licensed professionals before the government licensing boards which issued their
certificates authorizing to practice their professions.
(b) After the administrative disciplinary action has been filed by the Grand Jury before
the proper licensing board against the licensed professional for ethical misconduct, the
Ombudsman shall have the responsibility to pursue the action before the Supreme Court, in the
case against lawyers or before the proper licensing boards in the case of the other license
professionals.
Section 30. Criminal and disciplinary actions initiated by the Grand Jury shall require no
prior execution of an affidavit of a witness or witnesses.
(a) In the event that an affidavit is presented by any party to a case, such affidavit shall
have no evidential value unless the signer has confirmed and shall have been confidentially
cross-examined orally by the members of the Grand Jury in a secret grand jury proceeding.
(b) In criminal and disciplinary actions, trials and hearings shall proceed by direct
testimony of witnesses or complaining parties against the accused in criminal trials or
respondents in disciplinary actions without prejudice to the submission of exhibits as part of the
evidence by the respective parties to a case.
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(c) Once the matter has been set for trial or hearing, no postponement fore more than
three (3) days, Saturdays, Sundays, and Holidays, excluded, shall be allowed.
(d) The government prosecutors or the Ombudsman shall have the responsibility of
providing the needed transportation and costs, at government expense, to secure and assure
attendance of witness to prove their complaints or accusations. The prosecutor or deputy
prosecutor or the deputy Ombudsman in charge of pursuing the case shall be liable for contempt
of court for failure to make arrangement for the transportation of his witnesses in attending the
court trial or hearing of his or their case.
Section 31. Swearing witnesses - The Grand Jury as a Group or its members individually
shall have the power to administer the swearing of any witness who shall testify in a Grand Jury
proceeding.
Section 32. A grand jury secret investigation room shall be set up in each grand jury
district. A lone grand jury district shall be coterminous with a congressional district. Such room
shall be located as close as possible where the court of the executive trial judge is located. It
shall be adequately spacious to accommodate seats with small desk for 23 members, an
executive table and chair for its foreman, a desk with a high speed computer with monitor, printer,
copier and chair for its secretary, a small desk and chair for one witness. It shall further be
provided with a large black board, a records vault and a secret complaint drop box
opening-receptacle enough to receive a one-fourth (1/4) inch-thick envelope 9" X 13" on a wall
near the entrance door to the grand jury room. Furthermore, the grand jury investigation building
and room shall be provided with air conditioning and shall be closed from public view and
secured against eavesdropping gadgets.
Section 33. The District Executive Judge shall be principally responsible in organizing the
grand jury of his district with the assistance of his clerk of court. The Provincial Board and/or City
Council along with their Executive Officials or the Governor in case of the Province or the City
Mayor in case of the City, shall have the principal responsibility to provide the needed grand jury
investigation rooms and all essential equipment, furniture, computers, tape recorders, and every
thing else needed for the efficient functioning of the grand jury upon demand by the Executive
Judge.
Section 34. Upon completion of the set up of the grand jury facilities, it shall be the
responsibility of the Clerk of Court of the said Executive Judge to maintain said facilities in
operating condition at all times and shall be constantly aware that no bugging or spying devices
are installed in the grand jury room or its immediate vicinity.
Section 35. All proceedings by and before the grand jury shall be kept strictly confidential
exclusively among its members, regardless of the declaration of martial law or state of
emergency.
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Section 36. No person or public official or court or any government agency, entity, or
instrumentality shall have the power to order by subpoena or subpoena duces tecum, by any
other writ, or presidential order, to publish or scrutinize the records of the grand jury or to
investigate or arrest any of its members for any alleged wrongful or criminal act before the end
of his term of office. The violator of this rule or provision shall be liable for indictment for
obstruction of justice by the Grand Jury.
Section 37. No member of the grand jury or the Clerk of Court or the Executive Judge
shall be compelled to disclose the identity of another grand juror or any of its grand jury records
to any member of the public or any executive, legislative, or justice official of the government.
Section 38. Any person or public official by use of forceful or violent means or threats or
intimidation who shall violate any of the provision of Section 36 of the National Jury Law shall be
liable for the crime of obstruction of justice and shall be punishable by imprisonment for a period
from five (5) to seven (7) years in jail upon the indictment by the grand jury.
Section 39. Notwithstanding any banking secrecy law including but not limited to Republic
Act 6426, presidential decree, banking rule or policy to the contrary, no bank officer or bank
record of any form or kind shall be immune from a grand jury subpoena, subpoena duces tecum,
examination or investigation.
Section 40. The grand jury may invite by summons any licensed professional or expert,
including but not limited to any lawyer, certified public accountant, medical doctor or engineer
who is an expert on the matter that is the subject of its investigation to appear in its secret
investigation room to obtain legal or technical assistance in pursuing its investigation or in
formulating its indictment, PROVIDED that if such lawyer or professional has any reason to
believe that the object of investigation by the grand jury is his client or relative by blood or affinity,
he must ethically decline to further provide any professional assistance to the grand jury by
stating the reason of his declination. If such lawyer or professional ignores his obligation to
decline further service or help to the Grand Jury, he shall be subject to disbarment or revocation
of his license to practice his profession in addition to his criminal liability for obstruction of justice.
Section 41. Disqualification-
(a) Any person who has been indicted by a grand jury shall lose his privilege or right to
run for, or to be appointed in, any public office including but not limited to government owned or
controlled, or quasi government, corporation, unless he shall have been acquitted in a jury trial
on the merits from said indictment at the time he files his candidacy, or get appointed, to any of
such offices. Dismissal of the indictment by technicality to accommodate, or paved the way for,
the accused to run for, or get appointed to, said office, shall not restore such privilege or right to
aspire to hold a public office or position.
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(b) The power of the Grand Jury shall not be, in any way, prevented or stopped from
performing its official functions by any government activity including, but not limited to, election
of public officials, declaration of martial law, or man-made calamity or emergency.
Section 42. Formation and Inauguration of the grand jury -
(a) The inaugural formation of a grand jury and administration of oath of office of its
members shall be held strictly confidential where no person or public official or government
employee shall be permitted to attend or observe, except that the inauguration of said Body shall
be officiated by an Executive Judge in his court room with the assistance of his clerk of court and
at which time he shall issue the grand jury instruction that shall govern the official conduct of its
members and power of the grand jury. Such judge shall have no power to approve or disapprove
the decision of a grand jury to investigate or to indict a crime suspect.
(b) Any person or public official or government employee who shall surreptitiously intrude
in the foregoing proceeding or any clerk of court or presiding executive judge who shall permit
such person or public official or government employee to observe or intrude in the said
proceeding shall be liable for investigation and indictment for obstruction of justice by a grand
jury.
Section 43. Security of the records of the members of the grand jury; personal obligation
of the inducting judge to the members of the grand jury; liability of judge for disclosing records
of grand jurors-
(a) Upon taking the oath of office of the grand jurors, each member of the grand
jury shall be conferred with Security Identity Code Number, briefly called SIDN, by their inaugural
judge for use in their official acts instead of their real names. Said judge shall keep their records
strictly confidential which he must deposit promptly in a secured vault with a publicly accredited
bank in his locality within 24 hours from the time he sworn in to office the grand jury members
and said records shall not be retrieved or disclosed unless upon the subpoena by a Grand Jury.
(b) It shall be unlawful for the Executive Judge or any employee or officer of his
court to keep personal custody of the application and personal records, or a copy thereof, of the
members of the grand jury who took his, or their, oath of office before said judge. Violation of
this rule shall subject said judge or any of employee or officer of his court criminally liable under
Article 226 of Act 3815, the Revised Penal Code of the Philippines, as amended.
(c) Additionally, said judge shall be liable for disciplinary action in the form of
removal from the bench and disbarment, and tort damages in the event of serious physical injury
as defined in Article 365 of Act 3815, the Revised Penal Code of the Philippines, as amended,
or death, suffered by a member of the grand jury as the result of the violation or negligence by
such judge in complying with this rule.
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Section 44. Any member or officer of the grand jury who shall falsify the collective
decision of its members to indict or not to indict a subject of its investigation shall be liable for the
crime of obstruction of justice and shall be punishable by imprisonment from five (5) to seven (7)
years in jail upon the indictment by any of the succeeding grand juries.
Section 45. Any and all criminal accusations on a serious crime originally initiated by a
government investigator and ready for filing in court shall secure a review and approval by the
grand jury in the form of a grand jury indictment prior to its filing in court including, but not limited
to, accusations by the Ombudsman, all agencies or prosecutors of the Department of Justice
or National Bureau of National Investigations. In such event, the government prosecutor or agent
shall submit to the Grand Jury all pieces of evidence and exhibits in his custody in the case and
shall conform to the requirements of Section 19, Article III, of the National Jury Law within thirty
(30) working days from the date the criminal complaint was filed with his department or office by
the victim or complaining witness.
Section 46. If the accused is in the custody of the government, the grand jury shall
promptly commence the investigation of the case by calling any or all witnesses by subpoena,
subpoena duces tecum, or summons, to secure sufficient evidence or probable cause to support
a grand jury indictment. The grand jury shall finish its investigation and indictment within forty-five
(45) days from the date of its receipt of the government accusation from the clerk of court
otherwise it must issue an order to dismiss said accusation.
Section 47. If the accused is in custody and the complaining prosecutor fails to comply
with the requirement within the period prescribed in the preceding Section 45, the accused shall
be entitled to an immediate release from custody upon petition of the accused and the
complaining prosecutor shall be liable for indictment for obstruction of justice upon direct
complaint before the grand jury by the victim of a crime or the next of kin of such victim if the
victim dies as the direct result of the crime.
Section 48. No government or private agency, public official, court or judge, or any
person, shall have the power to demand the publication of any grand jury proceedings. Any such
proceedings shall exclusively be attended in by no other than the members of the grand jury,
sitting en banc, and one witness at a time for questioning. Such witness shall have no right to
invite the attendance of an attorney for his assistance and no government prosecutor shall have
the right to accompany him to procure his statements in the grand jury investigation room. All
information elicited from the witness shall come out from the questions of the grand jury or its
members.
Section 49. Any person or witness who testifies before a grand jury shall have the
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mandatory legal obligation to tell the truth in his testimony. Any violation of this rule shall subject
such witness to a criminal indictment by the grand jury for obstruction of justice.
Section 50. The grand jury shall have the power to issue a subpoena or subpoena duces
tecum on any person or public official it may deem a possible witness to a crime or a custodian
of any record or thing for its investigation of a crime. No person shall have the right to appear
before a grand jury unless invited by the grand jury on a subpoena, subpoena duces tecum, or
summons.
Section 51. Any person or public official, hereinafter referred to in this section and in the
next following section as the “invitee”, when required to appear before the grand jury as a witness
or invitee by means of a subpoena, subpoena duces tecum, or summons shall have the legal
obligation and the right to refuse disclosure any matter he has learned at the grand jury
proceeding over inquiries from his superior or subordinate officers, associates or family
members. Violation of this rule, directly or indirectly, by the witness or invitee shall subject him
liable for indictment of obstruction of justice by the grand jury.
Section 52. Any person, employer, or public official, or member of a board of directors or
board of trustees of a corporate entity, quasi-government entity, or government owned or
controlled corporation who shall initiate the termination, demotion in rank or position or relocation
of employment or position, of the invitee from his employment or public position for having
received a subpoena, subpoena duces tecum, or summons, or for appearing or giving his
testimony before a grand jury shall be liable for indictment by the grand jury for obstruction of
justice.
Section 53. Any person or public official who shall disobey or refuse to testify before the
grand jury upon receipt of a subpoena or subpoena duces tecum or summons shall be liable for
indictment by the grand jury for obstruction of justice.
Section 54. Any person or public official who shall prevent a witness from testifying before
a grand jury who has received a summons, subpoena or subpoena duces tecum from the grand
jury by any means including aiding such witness to leave the country or by detaining such witness
for any purpose shall be liable for indictment by the grand jury for obstruction of justice.
Section 55. No law, executive or legislative or judicial order, classified or unclassified
confidential record or memorandum, or court rule, shall prevent, bar, or prohibit, a grand jury to
exercise the sovereign power and authority of the people in its grand jury district in its efforts to
investigate serious crimes committed by any person or any executive, or legislative, or judicial
judicial officials including but not limited to judges and justices, board of directors or officers of
a government owned or controlled, or quasi-government corporation.
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Section 56. No claim of public position, title or rank in the government, profession,
royalty, nobility, religious affiliation or creed, custom, tradition, or political party affiliation, shall
exempt any person who has committed a serious crime or offense as defined by the National
Jury Law from a grand jury investigation and indictment or administrative disciplinary action.
IMMUNITY IN CERTAIN BRIBERY CASES
Section 57. Immunity from prosecution in bribery-
(a) The grand jury, through its subpoena, subpoena duces tecum, or summons, shall have
the power to grant immunity from prosecution to a giver in bribery who is a private citizen and the
recipient of his bribe is a national or local public or government official including but not limited
to any official in the executive, or legislative, or judicial official or judge or justice of a court, or
member of the army or police services, or officer or director of a government owned and
controlled, or quasi-government, corporation. If such giver and private citizen refuses to testify
against the recipient of his bribe, such giver shall be liable for criminal prosecution for obstruction
of justice and, if convicted, shall suffer to penalty of imprisonment for the period from five (5)
years to seven (7) years in jail. Such giver shall further suffer from disqualification to aspire to
hold a public office of any type including a position in any government owned or controlled or
quasi-government corporation. In this context, a private citizen is a person who does not hold
or occupy a government position, job, or commission of any type.
(b) If the bribe giver is a public official or a holder of a public position of any rank, power,
title or position including but not limited to a position in a government owned or controlled, or
quasi-government corporation, with the expectation that he shall gain undue favor directly or
indirectly from the recipient of the bribe who is likewise a public official, or a voter to elect a
candidate for a public office, or a person to recommend an appointment for an aspirant to hold
a public office, the grand jury may offer in writing to grant immunity to, or exempt from,
prosecution the recipient of the bribe on the condition that such recipient shall testify against the
giver of the bribe. If such recipient of the bribe refuses to testify against the giver or offeror of
his bribe, such bribe recipient shall be liable for criminal prosecution for obstruction of justice and,
if convicted, he shall suffer penalty of imprisonment for the period from five (5) years to seven
(7) years in jail. Such recipient shall further suffer from disqualification to aspire to hold a public
office of any type including a position in any government owned or controlled or quasi-
government corporation.
Section 58. Any written or unwritten agreement made by the grantee of immunity from
prosecution who is a private citizen promising to refrain from testifying against the recipient of his
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bribe who is a public official or officer under the preceding Article III, Section 57(a) of the National
Jury Law shall be void.
Section 59. Any agreement made by the grantee of immunity from prosecution who is a
public official or officer or an election voter promising to refrain from testifying against the giver
or offerror of a bribe who is a public official or officer referred to in Article III, Section 57(b) of the
National Jury Law shall be void.
Section 60. The grand jury shall have the power to indict for obstruction of justice of any
person or public official who refuses to testify before any Congressional Body or Committee in
an investigation of crime or for any act of corruption or anomaly in the government in aid of its
legislation upon submission of a complaint to the grand jury of such Body or Committee.
Section 61. The grand jury shall have the power to indict for obstruction of justice any
person or public official who shall disobey a writ of amparo, writ of habeas corpus, or writ of
habeas data issued by the Supreme Court, Court of Appeals, Sandiganbayan, Regional,
Metropolitan, City, or Municipal, or Municipal Circuit Courts, Shari’a District or Circuit Courts.
Section 62. The grand jury shall have the power to indict for obstruction of justice any
person or public official who shall disobey a subpoena, subpoena duces tecum, or summons
issued by the Ombudsman, Commission on Audit, Commission on Elections, Civil Service
Commission, Commission on Human Rights, through their deputies, in matters within their
respective jurisdictions to investigate upon complaint by any of such entities.
Section 63. No crime suspect shall be compelled to testify before a grand jury nor shall
any witness or person be compelled to incriminate or testify against himself. A grand jury shall
have no power to order the detention of a crime suspect. A grand jury has no power to act as a
trier of fact. The Grand Jury is not a court of law and it shall have no absolute duty to inform a
crime suspect of a grand jury investigation or proceedings against him. Conversely, a crime
suspect shall have no right to send his attorney to appear in his behalf to cross-examine a
witness in grand jury investigations.
Section 64. The Grand Jury shall not be bound to observe the strict rules of court on
hearsay evidence. Gathering of evidence by the grand jury shall not be limited by the hearsay
rule, but it has no liberty to employ deceptive, forceful or intimidatory tactics.
Section 65. A matter that has been dropped from investigation by a grand jury shall not
necessarily prevent a future grand jury with a new set of members from reopening the same
matter for further investigation and eventual indictment of the suspected offender when
warranted by the discovery of additional evidence or witness showing probable cause that the
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crime suspect has committed a crime. A new set of the members of the grand jury shall have
the power to continue to investigate and to indict the suspected offender on a criminal matter
commenced by, and remains pending at the end of the term of, the out-going members of the
grand jury.
Section 66. Criminal investigations and indictments initiated by the Ombudsman and the
Commission on Human Rights or any other investigatory agencies of the Philippine Government,
national or local, shall be subject to review and approval by a grand jury in the form of an
indictment consonant to, and in representation of the sovereign power of the people in Article
II, , Section 1 of the Constitution which declares that all government authority emanates from the
people.
Section 67. A grand jury may publish in any newspaper of general circulation in its district
to invite anonymous informants of crimes and government corrupt practices including names and
addresses of witnesses or crime victims to send secret reports to the grand jury without
necessarily disclosing the identity of the informant, whistle blower, or tipster.
Section 68. A grand jury may subpoena or summon any public official or employee, or any
citizen, in or outside its district to provide assistance or help in its effort to gather information
regarding any crime which has been committed by the crime suspect which is the subject of its
investigation and indictment.
Section 69. The clerk of court, to the exclusion of anyone else, shall have the sole power
and primary duty to receive and guide any witness summoned or subpoenaed by the Grand Jury
in entering the grand jury investigation room. He shall, under no circumstance whatsoever, allow
more than one witness or person or public official for any purpose to enter a grand jury
investigation room regardless of the power or authority or nobility of such public official or person.
Under no circumstance shall the clerk of court allow any person or public official to enter the
grand jury room unless upon prior issuance of a subpoena or summons by the grand jury.
Section 70. The Clerk of Court shall have the power to disarm any witness or any person,
or public official of any rank, power, position or title, or any person of nobility or royalty who may
appear to enter a grand jury proceeding as a witness. By exercising his power within the scope
of his authority in complying with this provision of the National Jury Law, his rank shall be
paramount and superior to any public official of the Republic of the Philippines or any person of
nobility while performing his duties as such.
FILING OF GRAND JURY INDICTMENT
Section 71. Filing of Grand Jury Indictment; Issuance of Arrest Warrant; And Arrest of the
Accused -
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(a) The indictment of a grand jury shall be sealed and filed in a criminal trial court that has
jurisdiction over the case. Upon completion of the preparation of the indictment, the grand jury
foreman shall thereupon summon in writing the Clerk of Court, on a prescribed form, referred to
as Form GJ-41, found in Section 99, the Grand Jury Table of Forms, in this Article of the National
Jury Law, to appear before the grand jury to accept and receive the filing of the Grand Jury
indictment. Any grand jury indictment filed in court shall be deemed properly executed and sworn
under the oath when signed personally by the Grand Jury Foreman with his security identification
number or “SIDN”. He should not sign with his real name.
(b) The Clerk of Court, upon receiving the grand jury indictment, shall keep the filing of
the indictment with utmost secrecy and he, including his office staff, shall, in no case, disclose,
gossip, or announced the filing of the indictment in court, to any person, or public official, the
media or to the public, or any member of the public, until such time that the accused has already
been taken into custody by the Arresting Officer on the basis of the warrant of arrest issued by
the judge on the indictment of the accused.
(c) Within two (2) working days from the filing date of the indictment, the Presiding Judge
of the court where said indictment was filed, shall thereupon personally unseal and examine the
indictment for issuance of the warrant of arrest against the accused. No judge shall have the
power to refuse issuance of a warrant of arrest on a grand jury indictment unless upon his
personal knowledge of a clear and convincing proof that said indictment was fraudulently
procured. The said judge shall have no authority to disclose the indictment until the accused has
been taken into custody by government authorities and he shall, likewise, be liable for obstruction
of justice for prematurely disclosing the indictment of the accused or in the delay of the issuance
of the warrant of arrest of the accused.
(d) If the presiding judge of the court before whom the grand jury indictment was filed
shall refuse to issue a warrant of arrest on the indictment, he must return within two (2) working
days from the filing date of the indictment to the grand jury in writing stating thereon the legal
reason or reasons behind his refusal in issuing the arrest warrant for further consideration or
reinvestigation of the matter by the grand jury. He shall not, under any condition, disclose the
indictment in any manner or the reason to any third party of his refusal to issue the warrant of
arrest on the indictment against the accused.
(e) The Arresting Officer in charge of executing the warrant of arrest, within five (5)
working days from the date he has received the warrant of arrest for the accused issued by the
presiding judge, shall thereupon take the accused into custody. Said arresting officer shall have
no authority to disclose to any person, or any public official, or any member of the media, of his
possession of the warrant of arrest. He shall not ask for permission or approval from any political
official or public official of any rank or power or position or title or any person of nobility or royalty
in taking the accused into custody notwithstanding any law, decree, or executive order, to the
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contrary. The arresting officer in disclosing his possession of the warrant of arrest or of his taking
the accused into custody, in violation of this provision of the National Jury Law, shall be liable of
the crime of obstruction of justice upon the complaint of the accused before a grand jury.
(f) No later than two (2) hours upon taking the accused into government custody, the
Arresting Officer shall promptly make a record of his arrest and thereupon turn over the arrested
accused to the Warden of a detention jail for processing, booking, and detention.
(g) The Warden of the detention jail, upon receipt of the person of the accused, shall
promptly process the booking of the accused and without any minute of delay, shall inform the
attorney for the accused, or his closest relative, or the intake officer of the Public Attorney’s
Office if the accused is an indigent or a minor with no close relative. The Warden shall keep a
record of his actions in booking the accused for ready inspection by any interested party. A
warden who, by negligence, fails to perform the required notices as mandated upon him by this
provision of the National Jury Law shall be liable for the crime of obstruction of justice upon
complaint before the Grand Jury by the detained accused or by his close relative or friend.
Section 72. Any person or public official who shall interfere, or attempt to interfere, in any
manner or for any purpose before or after the issuance or execution of a warrant of arrest shall
be criminally liable for the crime of obstruction of justice upon complaint before the grand jury by
an aggrieved party.
Section 73. After the filing of the grand jury indictment in court, the government prosecutor
in charge to pursue the matter to trial, or his successor, shall have the further duty to discover
more evidence, if necessary, for the purpose of proving the guilt of the accused with proof
beyond reasonable doubt. He shall, nonetheless, keep the matter strictly confidential and shall
not publish or disclose in any manner to any person, or public official, or member of the media,
his newly discovered evidence including names of witnesses relating to the same grand jury
indictment.
INVESTIGATION AND INDICTMENT OF PUBLIC OFFICIALS
Section 74. Indictment of the President and other public officials by the Grand Jury-
(1) Indictment of the President - For any serious crime personally or by proxy committed
by the President for obstruction of justice, bribery, plunder, money laundering, human right abuse
or for ordering extra-judicial killing of a person or persons, or for electoral fraud or terrorism in
violation of election laws, or for violation of the Anti-Graft and Corrupt Practices Act in Republic
Act 3019, Government Procurement reform Act in Republic Act 9184, or for violation of Republic
Act No. 1379, the “Act Declaring Forfeiture of Ill-Gotten Wealth of Public Officers and
Employees”, including disobedience to, or prevention of the implementation of, Writ of Habeas
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Corpus, Writ of Amparo, or Writ of Habeas Data, issued by any criminal trial court,
Sandiganbayan, Court of Appeals or the Supreme Court or for failure to file his Statement of
Assets, Liabilities and Networth, also referred to as “SALN”, or, if filed, for making false
information therein, a Grand Jury may indict the president regardless of any law, presidential
decree, declaration of martial law, executive order or rule, or high court decision to the contrary
or of any existing prior impeachment. When executing the warrant of arrest against the
President, the Arresting Officer shall directly be endowed with the sovereign power of the people
under Article II, Section 1, of the constitution and shall be free from any criminal or civil liability
in performing his duties under this subsection of the National Jury Law. The indicted president
shall further be liable for acts of obstruction of justice in refusing to voluntarily submit to
government custody upon the execution of the warrant of arrest upon him.
(2) Indictment of other public officials- The above Section 74(1) of Article III, of the
National Jury Law shall apply likewise to any public official or judicial official or justice who is
removable from office by impeachment including but not limited to any public official not subject
to impeachment in all levels and any instrumentality of the government from national down to all
regional, autonomous government, provincial, city, municipal and barrangay governments or
members of local councils of local governments. It also applies to all public officials of any rank,
title, or position, senators and congresspersons, justices, judges of the other branches of the
government as well as officials and employees of quasi-government entities and of the
government owned or controlled corporations of the Republic of the Philippines for any serious
crimes he, or they, may have committed against the People of the Philippines;
(3) Promptly within thirty (30) working days after the criminal defendant has been arrested,
the Government Prosecutor having the duty to prosecute the case shall take steps to freeze the
assets of said criminal defendant including but not limited to money deposits in any bank from
being withdrawn, or real property from being conveyed to any third party and to seize government
vehicle intrusted in his possession. Intentional failure or neglect of such government prosecutor
from complying with his duty herein shall be liable for dereliction of duty pursuant to Article 208
of the Revised Penal Code of the Philippines and for professional disciplinary action.
Section 75. If, without justification after having been arraigned in person before a court,
the accused fails or refuses to subsequently attend in his trial in spite of due notice served on him
or upon his counsel, the trial shall proceed in his absence in accordance with Article III, Section
14(2) of the Constitution. Said trial shall take precedence over any other judicial, executive,
legislative or social matter requiring personal or official attention of the president or such any
other indicted public official. Should his lawyer or lawyers fail to attend, or boycott, the scheduled
trial for any reason, his lead attorney or counsel shall be liable for obstruction of justice and for
disciplinary action upon indictment by the grand jury on complaint by any citizen or any member
of the media.
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Section 76. Presidential Succession, If the President is Convicted. Imprisonment, and
Possible Avoidance of Incarceration -
(a) If the President is found guilty, the Vice-President shall automatically become
President upon finality of his conviction, and such convicted President shall be ordered to begin
service time in jail. His conviction shall become final on the last day of the thirty (30) working
days from the date of his jury conviction verdict was read and issued in open court.
(b) The convicted President may avoid incarceration if he chooses to resign voluntarily
from office before his jury conviction verdict shall have become final with full compliance of the
conditions as specified in the next following sub-sections (c), (d), (e), (f) and (g), of this Section
76, Article III, of the National Jury Law.
(c) He shall truthfully and fully prepare and sign a Statement of Assets, Liability and
Networth on Form GJ-51 as prescribed in Section 99, Article III, of the National Jury Law;
(d) He shall disclose in said form, Form GJ-51, all money bank deposits and real estate
and personal property that he and his family had acquired and located both in the Philippines and
in every country around the world;
(e) He shall disclose in said form, Form GJ-51, all confirmed verifiable liabilities and
indebtedness he had declared in his last executed regular public service “Statement of Assets,
Liabilities and Networth” (commonly known as the” SALN”) before the date his current jury
conviction verdict was handed down;
(f) The total amount of lawful compensation, salaries or wages, he had earn since the first
day he entered public service up to time he has served as of the date of his jury conviction verdict
shall have become final shall be computed and deducted from the net amount between his
assets and liabilities as computed in the foregoing sub-sections (d) and (e) in this Section of
Article III of the National Jury Law; and
(g) He shall pay in full with cash on a Bank Manager’s Certified Check the net amount
computed and arrived at in the above sub-section (f) in this Section of Article III of the National
Jury Law.
Section 77. Should the convicted president attempt to conceal any of his assets and
money bank deposits by omitting the same from his SALN, he shall be held liable for the crime
and punishment of obstruction of justice upon indictment by the grand jury and forthwith tried
before a trial jury.
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Section 78. The said thirty (30)-day period to resign and divestment process of the
convicted President shall not be extended for any reason. Any transfer of ownership of assets
and money bank deposits referred to during the said period and thereafter, if any, shall be void.
He shall neither be allowed to obtain a discharge of his insolvency or bankruptcy nor shall he be
permitted to occupy any public office.
Section 79. The president indicted with any of the crimes referred to in Section 74(1),
Article III, of the National Jury Law shall lose his power to declare martial law upon the filing in
court of the grand jury indictment of any of said crimes. If for any reason said president succeeds
in declaring martial law, he shall be held personally accountable and criminally liable for every
person or citizen who has become missing, or have been subjected to physical or psychological
harm, tortured or have been killed, during the state of martial law resulting from the hardships
inflicted by the members of the Armed Forces and National Police upon the people, or upon any
person, on the basis of command responsibility.
Section 80. Execution of the warrant of arrest against the President- Upon the execution
of the warrant of arrest against the indicted president, all his presidential powers shall be
automatically suspended. He shall be given the full opportunity to depend himself of all
accusations against him. He shall be barred from exercising directly or indirectly, the
prerogatives of the office of the president.
Section 81. Upon the execution of the warrant of arrest against the indicted president, the
arresting officer shall, at the same time, promptly inform the vice-president of such event.
Immediately thereafter, the arresting officer and the vice-president shall firstly and jointly contact
the Chief Justice of the Supreme Court. If the Chief Justice is unavailable readily, they may
contact any Associate Justice of the Supreme Court, and before him, the vice president shall
take his oath as Acting President pending the final outcome of the criminal indictment and
accusation of the president.
Section 82. Immediately following his taking of the oath as Acting President, the Vice-
President shall address the nation to inform the people and all officials of the Republic of the
Philippines of the state of the presidency. The power of the presidency shall then automatically
devolve upon him.
Section 83. The Vice President as Acting President shall promptly inform the people
through the media including radio and television facilities regarding his assumption of office as
acting president. He shall inform the people that the president has been indicted in court by a
Grand Jury for violation of certain serious crimes. He shall name specifically the crimes for which
the president has been charged with. He shall inform the people that the president has now been
arrested and shall soon face trial in due course before a trial jury of the people.
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Section 84. After assumption of the Vice President as Acting President by taking his oath
of office, thereupon, the members and officers of the Armed Forces of the Philippines, the
Philippine National Police, the presidential staff and cabinet secretaries shall automatically
channel their official support and allegiance to the Acting President to continue the peaceful
governance of the country.
Section 85. When execution of arrest warrant is deemed constructively complete - The
execution of the warrant of arrest upon the indicted president or any other public official of the
government from national down to all regional autonomous governments, provincial, city,
municipal and barangay governments as well as all public officials, senators and
congressperson, justices, judges or any of member of their office staffs in the other branches of
the government and officials and employees of quasi-government entities and of the government
owned or controlled corporations of the Republic of the Philippines shall be deemed
constructively complete upon the announcement of the arresting officer to the person of the
subject indictee that such indictee is being placed under arrest by the arresting officer regardless
of whether the person subject of arrest has been restrained, detained, or taken into government
custody, or not.
Section 86. If the arrested president, or any arrested public official referred to in the
preceding Section 84 refuses to be placed into government custody, or fails to voluntarily
surrender for custody, said subject official shall be deemed a fugitive of justice, shall be liable
to a forceful arrest, shall not be granted bail. Additional, he shall further be made criminally liable
for the crime of obstruction of justice and shall suffer punishment by imprisonment in jail for a
period of five (5) years to seven (7) years. An attempt or attempts of an arrested official and as
fugitive of justice to exercise the official functions of his office shall be void and without validity.
Section 87. The rule suspending the president from exercising the powers of his office
upon execution of the warrant of arrest against him shall likewise apply to all public, legislative,
and judicial officials, judges and justices, except public officials and employees covered by the
Civil Service Law. He shall be succeeded by the public official by the applicable law of
succession of his office.
Section 88. Payment Authorization by indicted Official Void - Payment of any public
expenditure including payment of salaries of government officials and employees requiring
approval by the indicted official shall not be approved for payment unless and until the
corresponding voucher or payroll of such expenditure shall have been approved by the acting
official who has taken over the authority, powers and function of the indictee.
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Section 89. Any government treasurer or paymaster who shall disburse funds to pay any
public expenditure including payment of salaries and other benefits of officials and employees
relating to the exercise of act or acts of the indicted president, or a public official, such treasurer
or paymaster shall be personally liable and accountable for the public funds so disbursed for
such purpose for lack of authority to make such payment or payments unless their corresponding
vouchers or payrolls shall have been approved by the lawful acting public official in place of the
indicted public official.
Section 90. If the indicted president is convicted or shall resign from office, the
vice-president shall become president to serve the remainder of the term of the convicted or
resigned president.
Section 91. Any person who shall maliciously file a preemptive impeachment complaint
in Congress against the convicted president, or any public official who is removable from public
office by impeachment, with the view of protecting such president, or public official, from being
impeached as a result of his conviction shall be held liable of the crime of obstruction of justice
and shall be liable for punishment by imprisonment in jail for five (5) years to seven (7) years
upon conviction.
GRAND JURY INVESTIGATION OF JAIL FACILITIES
Section 92. The Grand Jury on its own original initiative may engage in the investigation
of jail facilities in its jury district. Its investigation shall be commenced by requiring by way of a
Summons, using prescribed Form GJ-66 upon the Warden, or Jail Director, of a jail facility the
submission within ten (10) days upon demand of the following items which he shall state, verify,
and date under penalty of perjury:
(a) A complete list of names and home addresses of each and all officials and employees
in his facility with their corresponding title, rank, or position in their organization and their average
monthly pay regardless of whether the official or employee is a permanent or temporary
employee.
(b) A complete list of all inmates with their names and case numbers and the length of
time each inmate has been incarcerated in his facility regardless of whether the inmate is already
convicted or not and the identifiable cell location in which inmates are housed.
(c) A post card size picture of the common mess hall of the inmates.
(d) A post card size picture of the inmate toilets.
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(e) Failure of the Warden or Jail Director to submit the desired information above shall
warrant his indictment for the crime of obstruction of justice with punishment by imprisonment
in jail from five (5) years to seven (7) years upon conviction in a trial by jury.
Section 93. Upon receipt by the Grand Jury of the items referred to in the immediately
preceding Section 92 above, the Grand Jury Foreman shall thereupon enter in his docket on
prescribed Form GJ-31 and provide the matter with a Grand Jury Case Number. He shall
likewise assign the matter to a Grand Juror using the prescribe Form-7 for further follow up to find
any irregularity in managing the subject jail facility for prompt action.
THE FORGIVING CLAUSE AND THE PURGATORY CLAUSE
Section 94 Forgiving Clause -
(a) No public official or employee shall be held guilty for bribery offense or offenses as
defined by law committed prior to the enactment of this law PROVIDED that such public official
has not committed such offense or offenses after the National Jury Law shall have taken effect,
and PROVIDED FURTHER that such official or employee shall have refunded to the Philippine
Government any public funds or money he has deposited in a bank account privately in his
name or in the name of another account for his benefit, or shall have returned all properties he
shall have illegally taken, stolen, or absconded with, during his term of office, OTHERWISE he
shall be indicted by the grand jury for the said crime or crimes he continued to commit both prior
to, and after, the effectivity of this Law.
(b) To avail of the benefit in the foregoing subparagraph (a) of this section, the public
official or employee shall voluntarily execute Form GJ-51 in Section 99, Article III, and Form TJ-
134 in Section 2, Article X, of the National Jury Law and shall further cooperate by executing the
conveyance to the government of any asset that he may have acquired in violation of the
Revised Penal Code of the Philippines, Act 3815 as amended, the Anti-Graft and Corrupt
Practices Act, Republic Act 3019 as amended, the Crime of Plunder, Republic Act 7080 as
amended, the Anti-Money Laundering Law, Republic Act 9160 as amended and the Government
Procurement reform Act, Republic Act 9184 as amended, minus the total amount of money that
he shall have legally earned from his lawful salaries and emoluments since the start he entered
service in the government until the effective date of the National Jury Law.
Section 95. Pending Cases and The Purgatory Clause -
(a) Cases of bribery that are now pending or undergoing investigation before the
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Ombudsman or any government investigator, or trial before any division of the Sandiganbayan,
shall not be prejudiced by the forgiving provision in the preceding Section, unless the accused
shall voluntarily and unconditionally desire to avail of benefits of the immediately preceding
section 94(a)&(b) of this law.
(b) The above forgiving clause shall not apply to cases of obstruction of justice, electoral
terrorism or electoral fraud, brigandage, extortion, murder, chastity crimes and crimes in any form
in violation of human rights, property rights, and voting rights. If property rights involve acts of
land grabbing and the accused is willing to restore or adequately compensate the victim or the
victim’s heirs, the accused shall be permitted to avail of the benefits of the forgiving clause of this
law.
(c) A public official who has committed the crime of bribery whether indicted or not prior
to the enactment of the National Jury Law and has continued to commit the same crime
regardless of whether the bribe giver prior to the enactment of this Law is the same person or
entity or not after the passage of this Law shall be denied of the forgiving benefit offered in the
preceding Section 94 of this Law.
(d) The continued possession and concealment of an ill-gotten wealth or the fruit thereof
which a public official or former public official had derived while in office of the government shall
be deemed a continuance of his crime of government corruption after the enactment of the
National Jury Law and such public official, or former public official, shall be denied of the benefit
offered in the preceding Section 94 of this Law. If he claims that his increase in assets is derived
from his private enterprise, he must prove that said private enterprise has been properly
organized under the rules of the Security Exchange Commission and free from conflict of interest
with his position in the government. He shall further show that the money value representing
increase of his assets has been reported in his income tax returns in the year it was earned or
in his last filing of his Statement of Assets, Liabilities and Networth.
(e) An accused who has already been arraigned on an accusation of a serious crime
before the effective date of this Law, the National Jury Law, but whose bench trial has not yet
commenced with the presentation of a witness, shall be required to stand trial before a trial jury.
Section 96. If a grand jury shall investigate a staff member of the court or a judge of the
court over a serious crime where its members were sworn in at their inaugural formation, such
grand jury shall file its indictment in a different court that has jurisdiction of the crime. If such
grand jury is unable to investigate the criminal matter in issue, a grand jury of another district may
undertake to investigate and file the corresponding indictment in another court upon finding of
probable cause.
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Section 97. Grand Jury Investigation of Fraudulently Elected or Proclaimed Public
Officials - Any provisions of the Omnibus Election Code of the Philippines insofar as it runs in
conflict to the National Jury Law is hereby superseded, amended, or repealed, as the case may
be, as follows:
(a) Notwithstanding the proclamation and swearing into office of an alleged elected public
official in any elective public office and suspected of having won his position by any fraudulent
means, as defined by law, no court or commission shall have the power to order the grand jury
to abstain, forbid, prevent or stop from investigating the result in the election of said official and
in the indictment of such proclaimed elected official including any person or public official who
conspired in the fraudulent manipulation in the registration or election of voters and violation of
all, or any, other electoral processes and procedures established by law leading to the
proclamation of the alleged elected public official.
(b) Any public official authorized to administer oath of office or any justice, judge, or
notary public, knowing the invalidity, or who entertains any doubt of the validity, of the election
of a candidate to a public office and who shall administer the oath of office or proclaims the
election of such candidate to a public office shall be subject to investigation and indictment by
the Grand Jury upon its finding of a probable cause for violation of the electoral process.
(c) Any person, public official, justice, judge, or notary public referred to in the preceding
sub-paragraphs (a) and (b) including members and officials of the Commission on Elections,
government prosecutors and members of the National Bureau of Investigation and staff officials
of the Ombudsman involved in the violation of the electoral process as described in the said
foregoing sub-paragraphs in this section upon indictment by the grand jury shall stand and face
trial before a trial jury. If found guilty, the convicted party shall suffer the maximum penalty as
provided by the election laws.
Section 98. Preserving the identity of a witness from disclosure prior to the giving of his
testimony in a criminal trial.
(a) A witness to a crime who has been summoned or served with a subpoena issued by
the grand jury in the investigation of such crime shall enjoy absolute anonymity until such time
that he has been actually sworn and has testified in a criminal court trial either before a jury or
a bench trial. The accused shall have no right to cross examine such witness until the witness
is called and sworn in at the start of a jury trial or bench trial.
(b) No such witness shall be called to testify in a civil trial until a verdict is handed down
in the criminal trial against the accused.
(c) Any member of a grand jury, or any government prosecutor, or a juror in a jury trial,
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or any person, public official or not, who shall disclose privately or publicly the identity of a
witness who has testified before a grand jury shall be liable for the crime of obstruction of justice
and shall suffer the penalty of five (5) years to seven (7) years of imprisonment in jail upon his
conviction of such crime.
(d) The prosecutor in a criminal jury trial shall have the obligation to disclose the total
number of his prosecution witnesses and the estimated length of time of his direct examination
of his witness or on each of his witness. Neither the prosecutor shall have the obligation to
disclose, nor the presiding judge has the authority to order the disclosure of, the name of the
witness or witnesses of the plaintiff, prior to the start of the prosecution proceeding or trial and
until a witness is sworn to testify in such proceeding or trial.
(e) Once the prosecution witness is sworn in and his name or identity is disclosed to
testify in such proceeding or trial, no postponement or continuance shall be granted by the
presiding judge until the direct examination on the witness is completed regardless of court time
limitation at five o’clock in the afternoon of the day of trial. In the event of an over time trial, the
presiding judge and all members of his staff including the Sheriff, the prosecuting and defense
attorneys, the members of the jury, and the witness, shall be compensated equal to “time-and-a-
half” over their regular salary or wage.
(f) If it is estimated that no direct, or cross, examination upon the prosecution witness
can be completely done on the same day that he is sworn to testify due to time constraint, such
witness shall continue to enjoy is anonymity until he shall been sworn in promptly early in the
morning of the next continuance trial date to thereupon start his direct testimony.
(g) Once the prosecution witness is sworn in to testify at the trial, the government, through
the prosecution counsel, shall arrange and provide protection for such witness, if necessary,
against any probable harm coming from any party or any person by enrolling such witness for
shelter under the government Witness Protection Program.
Section 99. The Grand Jury Table of Forms. The Grand Jury printable forms are located
in Section 100 following this section. Go to the Page Number of the form to find the printable
form.
GRAND JURY TABLE OF FORMS
(May be Briefly cited as “GJTF”)
The following forms are prescribed for use by the Grand Jury and as part of the Grand
Jury Systems Rules. The “GJ” acronym stands for "Grand Jury". Locate the form using the
page reference below:
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FORM ID FORM DESCRIPTION PAGE #
Form GJ-1, GJ Membership Invitation Advertisement Form . . . . . . . . . . . . . . 76
Form GJ-2, GJ Membership Application Form . . . . . . . . . . . . . . . . . . . . . . . . 78
Form GJ-3, Receipt of Application for Grand Jury Membership . . . . . . . . . . . 80
Form GJ-4, Active GJ Members Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Form GJ-5, Daily Jurors’ Attendance Record . . . . . . . . . . . . . . . . . . . . . . . . . 82
Form GJ-6, Juror’s Absence Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Form GJ-7, Foreman’s Case Assignment Order Form . . . . . . . . . . . . . . . . . . 84
Form GJ-8, Entity/Office/Organization Planned for Investigation. . . . . . . . . . . 85
Form GJ-9, Particular Person or Public Official Planned for Investigation . . . . 86
Form GJ-10, Invitation for Anonymous Crime Informants Advertisement. . . . . . 87
Form GJ-11, Extracted Record from Anonymous Report . . . . . . . . . . . . . . . . . 88
Form GJ-12, Grand Jury Subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Form GJ-13, Grand Jury Interrogation Quorum and Witness Appearance Record . . . . . . . . . . . . . . . . . . . . . . . . . 92
Form GJ-14, Secret Ballot of the Grand Jury. . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Form GJ-15, Grand Jury Indictment - General Form. Sample Form . . . . . . . . . 94
Form GJ-16, Grand Jury Indictment - for Perjury. Sample Form . . . . . . . . . . . . 95
Form GJ-17, Grand Jury Indictment - For OBSTRUCTION OF JUSTICE - Sample Form. . . . . . . . . . . . 96
Form GJ-18, Memorandum of Non-indictment by the Grand Jury . . . . . . . . . . . 97
Form GJ-19, List of Exhibits Form To Support filing of GJ Indictment In Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Form GJ-20, Physician's Certificate of Juror's Illness or Injury Form . . . . . . . . . 101
Form GJ-21, Immunity from prosecution to Private Citizen Bribe Giver . . . . . . . 102
Form GJ-22, Immunity from prosecution in Bribery between public officials. . . . 105
Form GJ-23, Foreman's Recommendation to Terminate a Member of the Grand Jury . . . . . . . . . . . . . . . . . . . . 107
Form GJ-24, Members' Recommendation to Expel Foreman of Grand Jury . . . 109
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Form GJ-25, Oath of the Grand Juror. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Form GJ-26, Certificate of Truthfulness By the Suspected Offender. Optional Use Only . . . . . . . . . . . . . . . . . . . . 112
Form GJ-27, Unconditional Non-transferable Redeemable Judicial Voucher. . . 114
Form GJ-28, Request by the Grand Jury for Special Police Protection . . . . . . . 115
Form GJ-29, Declaration by GJ Members To Dissolve the Grand Jury . . . . . . . 118
Form GJ-30, Order to Show Cause Why the GJ Shall not Be Dissolved . . . . . . 120
Form GJ-31, Foreman's Master Case Intake Record And Case Assignment . . . 122
Form GJ-32, Non-Member SIDN Master Designation Registry . . . . . . . . . . . . . . 123
Form GJ-33, Agenda Form for Grand Jury Sessions . . . . . . . . . . . . . . . . . . . . . 124
Form GJ-34, Members' Recommendation to Expel Secretary of the Grand Jury . . . . . . . . . . . . . . . . . . . . . . . . . 125
Form GJ-35, Authenticated SIDNs of Grand Jury Members for Current Period . . . . . . . . . . . . . . . . . . . . 126
Form GJ-36, Optional Exceptional Notice to Crime Suspect of Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Form GJ-37, Unconditional Redeemable Voucher Accounting. . . . . . . . . . . . . . 130
Form GJ-38, Authenticated Individual Juror's SIDN by the Executive Judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Form GJ-39, Grand Jury Instruction and Basic Interrogatory Techniques. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Form GJ-40, Grand Jury Hold Departure Order Notice. . . . . . . . . . . . . . . . . . . . 156
Form GJ-41, Summons to Clerk of Court for court filing of GJ Indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Form GJ-42, Confidential Info about the Witness . . . . . . . . . . . . . . . . . . . . . . . . 159
Form GJ-43, Reserved. Unused.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Form GJ-44, Notice of Grand Jury Reorganization of Officers.. . . . . . . . . . . . . . 162
Form GJ-45, Invitation for Lawyers to apply in the CDP Pool. (For Newspaper Advertisement). . . . . . . . . . . . . . . . . . 163
Form GJ-46, Application to Participate in the CDP Pool. . . . . . . . . . . . . . . . . . . 164
Form GJ-47, Registry for Assigned Cases to the CDP Pool. . . . . . . . . . . . . . . . . 167
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Form GJ-48AD, Invitation Advertisement for Deputy Public Defenders For Indigent Accused or Minor.. . . . . . . . . . . . . . . . . 168
Form GJ-48AP, Application by Defense Lawyers to defend Indigent Accused or a Minor. . . . . . . . . . . . . . . . . . . . . . 169
Form GJ-49, Letter requesting payment for CDP Service. . . . . . . . . . . . . . . . . . 171
Form GJ-50, Prohibition and Declination to Meet an Unsubpoenaed or Uninvited Grand Jury Visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Form GJ-51, Declaration of Assets and Liabilities. . . . . . . . . . . . . . . . . . . . . . . . 173
Form GJ-52, Summons to High Ranking Public Officials, Nobility or Royalty . . . 176
Form GJ-53, Summons to a Lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Form GJ-54, Summons to a Medical Doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Form GJ-55, Summons to a Certified Public Account (CPA). . . . . . . . . . . . . . . . 184
Form GJ-56, Summons to an Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Form GJ-57, Summons to a Vehicle Mechanic. . . . . . . . . . . . . . . . . . . . . . . . . . 190
Form GJ-58, Summons to a Police Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Form GJ-59, Summons to an Army Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Form GJ-60, Summons to a Navy Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Form GJ-61, Summons to an Air Force Officer . . . . . . . . . . . . . . . . . . . . . . . . . 199
Form GJ-62, Summons to a Public Official or Government Employee . . . . . . . 201
Form GJ-63, Summons - General Form or Template. . . . . . . . . . . . . . . . . . . . . 203
Form GJ-64, Stenographer’s Bill for Transcripts in Grand Jury Proceedings. . . 205
Form GJ-65, Declination by the GJ to Provide Grand Jury Record or Information. . . . . . . . . . . . . . . . . . . . . . . . . 206
Form GJ-66, Summons for Submission of Jail Facility Records & Pictures . . . . 207
Form GJ-67, Registry for Assigned Cases to Deputy Public Defenders. . . . . . . 210
GRAND JURY FORMS
(Printable Forms, Next following page)
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Form GJ-1, GJ Membership Invitation Advertisement Form.
"THE REGIONAL TRIAL COURTOFFICE OF THE CLERK OF COURT
Of the Judicial DistrictWithin the ________ Grand Jury District of the City of ___________________
Street Address: _____________________________________City Address: _______________________________
Newspaper and Bulletin NOTICE To Invite Citizens to Apply for Grand Jury Membership .(Public media, i.e. radio, tv, etc. is authorized to publicly announce this NOTICE)
REGISTERED VOTERS within the Grand Jury District stated above are invited to file
SECRETLY in person their application for Grand Jury Membership in said District located at:
The Clerk of the Regional Trial Court (Ask for “GJ Application Form GJ-2")
At (Street Address) ________________________________________________
Municipal/City/Province: ____________________________________________
Official to accept applications: Clerk of Court or his Deputy. No recommendation is required.
Last day of filing: (_)-December _____, ________ (_)-June ____, _________.
Number of Applicants invited: NO LIMIT. Apply as early as possible. Avoid last day filing.
Number of applicants to be chosen by lottery: 23 citizens to be drawn randomly in court from among the
applicants. Application drawn with absent applicant will be deposited back to the Raffle Bin.
Term of Duty, temporary: Limited to 6 months - January to June, and from July to December.
Compensation per day: Twice the prevailing legal minimum wage. CAUTION: Except to the Clerk of Court,
do not mention your name to anybody else that you are an applicant for grand jury membership.
Date of Lottery: The first business day of (_)-January _____|____|_____ (_)-July _____|____|_____
Hour of lottery to choose grand jury members: To start exactly at 9:00 AM.
Persons admitted to witness the raffle drawing of applications: All Applicant ticket holders only.
Location: The Court Room of ____________________________________________________________
At (Street Address) _____________________________________________________________________
Municipality/City/Province: _______________________________________________________________
QUALIFICATION : (a) Filipino citizen, male or female, at least 23 years old including senior citizens; (b) A registered
voter of the jury district where he will serve as a grand juror; (c) Possessed with a bachelor's degree of any kind froma reputable college or university which he must show by his diploma in submitting his application who has not been amember of any fraternity, sorority or mista in any college, university or military school; (d) Must accept to serve withdouble minimum wage rate; (e) Not a lawyer; (f) Not an official or employee of any government instrumentality; (g)Not a son or son-in-law or daughter or daughter-in-law of an official or employee of any government instrumentality; (h)Not a father or father-in-law or mother or mother-in-law of an official or employee of any government instrumentality; (I)Not a brother or brother-in-law or sister or sister-in-law of an official or employee of any government instrumentality; (j)Not an uncle or aunt or nephew or niece of a government official or employee (k) Not been convicted of a crimepunishable for 6 months or more; (l) Not currently facing a criminal accusation of any kind in court; (m) Not have beena grand jury member in the last 12 months; (n) Not have been retired as a government official or employee within thelast 12 months; (o)) Has not been recommended or assisted by a public official or by anybody in preparing and filing
77
his application for grand jury membership, (p) Not a member or employee of a media, news, or publishing organization;(q) Not a member of a royal clan or ruling family, or datu, bai, or sultan and/or has no claim for membership of such royalclan or ruling family, or datu, bai, or sultan; and (r); He swears under penalty of perjury in his application that hepossesses all the qualification and none of the disqualification for membership in the grand jury."Governmentinstrumentality"includes government owned or quasi-government entities; and (s) He must submit with his Application
a Clearance Certificate from the National Bureau of Investigation or regional Office. WARNING: You will be secretly
investigated and indicted for perjury or obstruction of justice by a new set of the Grand Jury after your term of service,if you falsely state your qualification in your application. Report any violator to the next incoming Grand Jury for criminalindictment for obstruction of justice.
JOB TO PERFORM : Strictly secret job . No field investigation required. Work inside your secret grand jury room only.
An Executive Judge (EJ) shall instruct you how to perform your work. Your identity will be held in absolute secrecy. Youwill be given a security ID name or SIDN and your name will be secretly held under the custody of the judge which hemust deposit in a bank vault and your record will not be retrieved or disclosed except by subpoena issued by a grandjury. After you are organized and your GJ Instruction issued to you by the EJ, he will have no further supervision in yourmissions. Henceforth, you act and decide independently. This is a sacrificial job of citizens to serve their communityto help get rid of lawlessness and government corruption.
A Grand Jury is a group of private citizens acting under Grand Jury Instruction to collectively decide independently bysecret ballot free from government control to investigate serious or capital crimes including government corruptionpunishable by imprisonment of 12 months or more and to file accusation in court against suspected offenders regardlessof their rank and position in the government or in the community upon their finding of probable cause. You need not askany government approval of your actions. Grand Jury Instruction and empowerment will be officiated and issued by anexecutive judge to you immediately following the drawing of code numbers of the newly chosen grand jury members.
The act of the Grand Jury carries the sovereign act of the people and it is strictly confidential. It obtains cases toinvestigate from tipsters in response to your advertisement in newspapers. Although a grand jury is composed only of23 private citizens and blindly chosen by lottery, they wield more power than a thousand or more public demonstratorsbecause they can secretly file their accusation in court without government approval by the use of the sovereign powerof the people under Article II, Section 1 of the Philippine Constitution. Since grand jurors are private citizens, they cannotbe fired from their existing job. The grand jury has nothing to do with court trials because a grand jury is not a court.
Once the grand jury has filed its indictment in court, its job is done. Thereafter, each case will be pursued for trial in
court by government prosecutors before another jury, called the Trial Jury of 12 private citizens.
Applicants for grand jury membership are mandatorily required to read and understands the Statutory Grand JuryInstruction in Section 24, Article III, of the National Jury Law.
The heirs or next of kin of a member of a grand jury who dies, or is no longer capable to earn for a living, in the courseof jury duty or arising out of jury duty is entitled to a monetary indemnity of two hundred thousand (P200,000) pesos, freeof tax. If incapacitated and survives but still capable to earn a living, he is entitled to an indemnity of fifty thousand(P50,000) pesos payable to the juror, also tax free.
Enter your application in the Raffle Bin for the Grand Jury District Number where you wish to serve. The Clerk of Courtmust provide the raffle bins. The number in your Application, issued to you by the Clerk of Court shall become as yourSecret Identification Number, called “SIDN”, once you are chosen and sworn as a member of the Grand Jury. Do notlose your Application Receipt and Number. This notice has been posted by the Clerk of Court. This will serve as yourentrance admission ticket to the Raffle Court Session.
- End of Invitation Form -
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Form GJ-2, GJ Membership Application Form
APPLICATION FOR GRAND JURY MEMBERSHIP
TO THE CLERK OF COURT, __________Grand Jury District of the City of _______________________Street Address: _______________________________________________________________________City/Province Address: __________________________________________________________________
Application for Grand Jury Membership
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
DO NOT APPLY IF YOU ARE NOT QUALIFIED. VIOLATION SU BJECT TO SEVERE PENALTY.
GREETINGS: Please enter my name for drawing as an Applicant for membership in the Grand Jury of this
District. I am qualified for grand jury membership as shown below and my [_]-NBI or [_]-PNP Clearance
Certificate of the Municipality or City where I reside is herewith [_]-attached:
I am: (a) A Filipino citizen, at least 23 years old; (b) A registered voter and resident of this City and Grand Jury
District; (c) Possessed with bachelor's degree of ____________________ from (name of school)
__________________________________, and I have not been a member of any fraternity, or sorority in any
college, university or military school, not been convicted of any felony, and I am not suffering from any mental
impairment; (d) I am willing to serve as a member of the grand jury with twice the minimum wage pay; (e) I am
not an attorney at law; (f) I am not an official or employee of any government instrumentality; (g) I am not a son
or son-in-law or daughter or daughter-in-law of an official or employee of any government instrumentality; (h)
I am not a father or father-in-law or mother or mother-in-law of an official or employee of any government
instrumentality; (i) Not a brother or brother-in-law or sister or sister-in-law of an official or employee of any
government instrumentality; (j) I have not been convicted of a crime punishable for 6 months or more; (k) I am
not currently facing a criminal accusation of any kind in court; (l) I have not been a grand jury member in the
last 12 months; (m) I have not held, or served in, any public office or government instrumentality during the past
12 months; (n) I have not been recommended or assisted by a public official or by anybody in preparing or filing
my application for grand jury membership, (o) I am not a member or employee of a media, news, or publishing
organization; (p) I am not a member of a royal clan or ruling family, or datu, bai, or sultan and I don’t claim for
membership of such royal clan or ruling family, or datu, bai, or sultan; and (q) I swear under penalty of perjury
in my application that I possess all the qualification and none of the disqualification for membership in the grand
jury."Government instrumentality"includes government owned or quasi-government entities; and (r) I am
submitting herewith my Clearance Certificate from the National Bureau of Investigation or regional Office for
your verification. I fully understand that I am liable for the crime of perjury or of obstruction of justice for any
falsity in this application and I am aware that I can be subject to secret investigation by a new set of members
of the grand jury.
I HAVE FULLY READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION.
Signed and executed at _____________________________ on ____________________, year _______.
Signature _____________________________ Printed Name: ___________________________________
Voter's ID#_______________ Phone ____________________ Address ___________________________
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Leave this blank . Clerk of Court to fill in - > Grand Juror's SIDN# ____________
To Clerk of Court: You must issue a receipt of this application bearing the above number to Applicant to serve
as his admission ticket in participating in the drawing of new grand jury members. Do not publicize this event.
To Applicant: Keep your receipt and memorize the SIDN# above. This will be your only ticket and number to
identity you for your grand jury membership. Your receipt shall be your ticket to participate in drawing of your
name at the lottery. You will use the same number officially for jury service and other benefits. Wear White
Barong Tagalog and wear a pair of dark eyeglasses when reporting for the drawing of names of applicants and
also at all times when reporting for jury duty. Your admission will be refused, if you fail to wear the prescribed
attire. You must appear dignified.
NOTE: Top Secret
(1) You must not let any body know in applying for Grand Jury Membership. When chosen by raffle or
lottery, you must not disclose for your protection your true name to your fellow juror and you must
not ask the true name of your fellow juror either. You will know each other by your SIDN# only.
(2) Within 24 hours after you are sworn in as a me mber of the Grand Jury, the judge who will swear yo u
in is required by the Grand Jury Law to deposit you r personal record in a bank vault and he or
anyone else cannot retrieve or disclose your record to anyone except upon the subpoena by a
Grand Jury.
- End of Application Form -
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Form GJ-3, Receipt of Application for Grand Jury Membership-
Republic of the Philippines
OFFICE OF THE CLERK OF COURT
______ Judicial District of ___________________
THE CITY OF ____________________________
Street Address: _____________________________________
City/Province Address: _______________________________
RECEIPT OF APPLICATION FOR GRAND JURY MEMBERSHIPFOR THE _____ GRAND JURY DISTRICT OF
THE CITY OR PROVINCE OF _____________________
This receipt shall remain valid for any future draw ing of applicants for as long as theapplicant is still qualified for membership at that time. The Clerk of Court must keepthe Application of the Applicant in the Raffle Bin for future drawing until his or hernumber is picked also for as long as he or she is s till qualified for membership.
APPLICATION RECEIPT & COURT ROOM DRAWING TICKET
Grand Juror's SIDN # ______________ (Do not lose this document)
This Application Receipt will acknowledge the submission of your Application for Grand Jury Membership. Thisdocument is non-transferable and highly confidential.
This Application Receipt shall serve as your ticket for entry in the Court Room of the Executive Judge, theHonorable _______________________, where the drawing of the Application for Grand Jury Membership shallbe raffled and picked. Other than the applicants, no one shall be allowed to witness in the drawing of theirapplication. No member of the public, the media, or any public official or employee of the government shall beallowed to witness this event. You must wear: (1) A white Barong Tagalog , and (2) A pair of dark Goggle eye glasses . You will not be
admitted to the court room if you fail to comply with this requirement. Do not allow yourself to be interviewed at any time by any media reporter or any public official, police or armypersonnel upon receiving this Application Receipt for your own protection or for the members of your family.Absolutely no picture taking and no video recording shall be allowed in the Court Room. You will be disqualifiedand ejected from the court for violation.
You are not allowed to bring in any person with you to the court room. Should you attempt to do so, you will bebarred from participating in the drawing of your application.
Only the GJ Applicant with this ticket-receipt will be admitted to the court room.
Grand Jury matters are kept highly confidential for your protection and for all others concerned. Always be awareof any secret or surreptitious infiltration or espionage within your ranks. Be on guard at all times. Always wearyour dark goggles when you are inside your investigating room. Do not reveal your true name to any otherapplicant or member of the Grand Jury.
Thank you for your submitting your Application.
Issuer’s Signature: ________________________________. Date: ______________ (mm/dd/yyyy)
Printed Name : ___________________________________ (Clerk of Court)
-End of Receipt Form -
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Form GJ-4, Active GJ Members Record.
"THE GRAND JURY
Of the _______ Jury (Legislative) District of:____________________________________
Grand Jury Term from ___________________ to _____________________Confidential
Active Grand Jury Members Record(Secretary Must Keep this Record Strictly Confidential - Internal Use Only)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
INSTRUCTION: 1.You are not allowed to disclose to each other your real name.2. You must write in your own SIDN in this Record
POSITION SIDN TELEPHONE POSITION SIDN TELEPHONE
Foreman Member
Asst Foreman Member
Secretary Member
Recording Secretary Member
Member Member
Member Member
Member Member
Member Member
Member Replacement
Member Replacement
Member Replacement
Member Replacement
Member Replacement
Member Replacement
Member 4 Officers and 19 Members = > - 23 -
Important Note: No more than 23 SIDNs shall be active at the same time. If a member is removed, drawa line over his SIDN and telephone number and enter the SIDN and telephone number of the replacer inthe Replacement Box line.
- End of Form -
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Form GJ-5, Daily Jurors’ Attendance Record
THE GRAND JURYOf the _______ Jury (Legislative) District of:____________________________________
Grand Jury Term from ___________________ to _____________________Page ________
Confidential
Form GJ- 5 - Daily Juror’s Attendance Record(Secretary Must Keep this Record Strictly Confidential - Internal Use Only)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Date ___/___/____ Day ___________ Month _________ Year _________
TIME IN SIDN # Suspected Offender Alleged Crime Committed GJ CASE # TIME OFF
- End of Form -
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Form GJ-6, Juror’s Absence Record.
THE GRAND JURYOf the _______ Jury (Legislative) District of:
____________________________________Grand Jury Term from ___________________ to _____________________
ConfidentialForm GJ-6 - Juror's Absence Record
(Secretary Must Keep this Record Strictly Confidential - Internal Use Only)(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Date JurorWas Absent
GJ JurorSIDN
Noted bySec - SIDN
Cause ofAbsence
Reviewed? SIDN ofForeman
Foreman’s Remark
Yes No Approved Disapproved
- End of form -
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Form GJ-7, Foreman’s Case Assignment Order Form.
"THE GRAND JURYOf the _______ Jury (Legislative) District of:
____________________________________Grand Jury Term from ___________________ to _____________________
"Confidential”
Foreman's Case Assignment Order Form(Juror Concerned Must Keep this Record Strictly Confidential - Internal Use Only)
GRAND JURY CASE NUMBER ___________(Case Number to be assigned by Foreman originating from Form GJ-30)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
From Foreman, ID# ____________ To Juror, ID# _____________
You are hereby directed to pursue the matter described below:______________________________________________________________________________________________
______________________________________________________________________________________________
Preliminary plan of action: _______________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
Thereafter, state below your recommendation and target date of completion:
Planned date of completion: Date-__________________ Day of week- ______________________
1. ____________________________________________________________________________________________
2. ____________________________________________________________________________________________
3. ____________________________________________________________________________________________
4. ____________________________________________________________________________________________
5. ____________________________________________________________________________________________
- End of form -
85
Form GJ-8, Entity/Office/Organization Planned for Investigation
THE GRAND JURYOf the _______ Jury (Legislative) District of:____________________________________
Grand Jury Term from ___________________ to _____________________
ConfidentialForm GJ-8 Entity/Office/Organization Planned for Investigation Record
(FOREMAN Must Prepare and Keep this Record Strictly Confidential - Internal Use Only)
GRAND JURY CASE NUMBER ______________________
(Case Number to be assigned MUST ORIGINATE from Form GJ-30)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Date today: ___________________
Name of Entity/Office/Organization Planned for Investigation - _____________________________________________
Address/Location - _______________________________________________________________________________
__________________________________________________________ Telephone # _________________________
Possible crime/s committed in said organization ________________________________________________________
Reason for planned investigation - ___________________________________________________________________
______________________________________________________________________________________________
Possible Witness to subpoena for questioning - Name: __________________________________________________
Address ____________________________________________________________________________________
__________________________________________________________ Telephone # _________________________
Why this witness is vital for questioning - ______________________________________________________________
______________________________________________________________________________________________
Matter to be assigned to Juror ID# _________________
With assistance by Juror ID # _____________ and Juror ID # _____________
IMPORTANT: Questioning of a witness must be conducted by the Grand Jury with its entire membership in a scheduledsession. Assigned jurors are prohibited to conduct solo interrogation separately on their own. Grand Jury interrogationshould be done with one witness only at a time. Questioning of more than one witness at a time is prohibited. No attorneyshould be allowed to accompany a witness in the Grand Jury investigation room. No non-juror or outsider should beallowed to observe your interrogation."
- End of Form-
86
Form GJ-9, Particular Person or Public Official
Planned for Investigation Record.
"THE GRAND JURY
Of the _______ Jury (Legislative) District of:
____________________________________
Grand Jury Term from ___________________ to _____________________
Confidential
Particular Person or Official Planned for Investigation Record
(FOREMAN Must Prepare and Keep this Record Strictly Confidential - Internal Use Only)
GRAND JURY CASE NUMBER ______________
(Case Number originating from Form GJ-30 to be assigned by Foreman)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Date today: ___________________
Name of Particular Person or Official Planned for Investigation _________________________________
Address/Location - ____________________________________________________________________
___________________________________________________ Telephone # _____________________
Possible crime committed by said person or official ___________________________________________
Reason for planned investigation - ________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Possible Witness to subpoena for questioning - Name: ________________________________________
Address______________________________________________________________________________
__________________________________________________ Telephone # _______________________
Why this witness is vital for questioning - ___________________________________________________
____________________________________________________________________________________
Matter to be assigned to Juror ID# _________________
With assistance by Juror ID # _____________ and Juror ID # _____________ IMPORTANT: Questioning of a witness must be conducted by the Grand Jury with its entire membership in a scheduledsession. Assigned jurors are prohibited to conduct solo interrogation separately on their own. Grand Jury interrogationshould be done with one witness only at a time. Questioning of more than one witness at a time is prohibited No attorneyshould be allowed to accompany a witness in the Grand Jury investigation room. No non-juror or outsider should beallowed to observe your interrogation."
- End of form -
Form GJ-10, Invitation Advertisement for Anonymous Crime Informants.
"NEWS PAPER ADVERTISEMENT TO INVITE WHISTLE BLOWERS”ABOUT COMMISSION OF CRIMES TO THE GRAND JURY
IN THE CITY/PROVINCE OF ______________________
EVERY CITIZEN OR PERSON of this city who has first hand knowledge of the commission of anyserious crime is invited to SECRETLY report his information to the Grand Jury, In crimes of bribery, regardlessof the rank or position in the government of the crime offender, a private citizen who is the giver or offeror inbribery will not be prosecuted for bribery under the rules of Presidential Decree 749 if he will testify against therecipient of his bribe . Only the receiver of the bribe shall be charged. It is not required that you show your namein your report. Do not write your name in the outside of your envelope containing your report. Please do not cometo the grand jury. Grand Jury Rules do not allow grand jurors to see any person who has not received a subpoenaor summons from the Grand Jury. It only needs your written report. Send your report either by mail, or personallydeliver it, to the Clerk of Court, sealed and plainly mark “For Grand Jury” at:_______________________________________________________________________________________________________________________________________________________________________________Make your report completely as you can. Do some little investigation, if it is possible, but if not, submit whateverinformation you have or know. No need to type. Simply hand print the information. The Grand Jury shall notreveal to the press, media, or anybody, or to any public official any information you will give. Your name will notbe announced in any way. It will be kept very secretly. The job of the Grand Jury is highly confidential:
1. Name of the crime offender - ________________________________________________________________________
2. Office and address where the offender works or lives - ____________________________________________________
________________________________________________________________________________________________
3. Crime he committed __________________________. Name of the victim of his crime ___________________________
________________________________ The approximate date ________________ and time ______________ of the crime.
Place where the crime was committed ___________________________________________________________________
__________________________________________________________. If you have seen how the crime was committed,
please describe here ________________________________________________________________________________.
If the offender is a government official, worker, police, or officer, write the name of his office _________________________
______________ and address _________________________________________________________________________.
________________________________ If he demanded money, write here how much he asked - P___________________.
4. Name of witness eye witness or credible witness _________________________________ Address: Street number and
name _______________________________________________________________ and City _______________________
_________________________________________________________________________________________________.
5. Name of witness eye witness or credible witness _________________________________ Address: Street number and
name _______________________________________________________________ and City _______________________
6. Why and how did you come to know personally the name or identity of the offender of the crime you are reporting? Pleasestate briefly: ________________________________________________________________________________________ ___________________________________________________________________________________________________
Cut out this invitation. Fill it up and mail to the address mentioned above. Do your part and this Grand Jury will secretlyinvestigate the crime which will accuse the offender in court to stand trial before a trial jury of 12 citizens.
Please do your part and help your Grand Jury send to jail all crime offenders in our community. Thanks. The GJ.
-End of form-
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Form GJ-11, Extracted Record from Anonymous Report
"THE GRAND JURYOf the _______ Jury (Legislative) District of:
____________________________________Grand Jury Term from ___________________ to _____________________
"ConfidentialForm GJ-11, ExtractED Record from Anonymous Report
(The Assigned Member to a Case Must Prepare and Keep this Record Strictly Confidential - Internal Use Only)
GRAND JURY CASE NUMBER ______________________(Case Number to be assigned by Foreman originating from Form GJ-30)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
The information to be written into this form shall be picked up from the information submitted by anonymous informants of crimes:
Name of Offender or Crime Suspect _______________________________________________________________________
Home Address of Suspect - _____________________________________________________________________________
____________________________________________________________________________________________________
Telephone number (if any) ______________________________________________________________________________
Job or Office Name of Suspect - __________________________________________________________________________
Address of Work of Suspect- ____________________________________________________________________________
___________________________________________________________________ Phone # _________________________
Name of Witness or Victim - _____________________________________________________________________________
Address of Witness/Victim - _____________________________________________________________________________
_________________________________________________________________ Phone # __________________________
Date the witness is required to come to testify before the Grand Jury: ____________________________________________
Date the Subpoena was delivered to Clerk of Court for assignment of service - _____________________________________
Name of Clerk of Court ______________________________________________ Telephone - ________________________
Name of Officer assigned to by Clerk of Court to serve the subpoena: ____________________________________________
Name of office or organization of serving officer: _____________________________________________________________
Address of office of serving officer: ________________________________________________________________________
________________________________________________________________ Telephone _________________________
Date of service of subpoena by serving officer to the witness: ___________________________
Name of Current custodian __________________ or whereabouts of the original proof of service of the subpoenato the witness and mark (__)- Herewith attached if already received by the assigned grand juror for the case.
NOTE: You may attach Form GJ-31 of Section 17, of this Rule, the Witness List Form to record additional namesof witnesses you may wish to subpoena in this case."
- End of Form-
89
Form GJ-12, Grand Jury Subpoena
"THE GRAND JURYOf the _______ Jury (Legislative) District of:
____________________________________Grand Jury Term from ___________________ to _____________________
"Confidential
GRAND JURY SUBPOENA
GRAND JURY CASE NUMBER ________________(Case Number originating from Form GJ-30 shall be assigned by Foreman)
STRICTLY CONFIDENTIAL
In the Matter of the Grand Jury Investigation of: (XXX XXX XXX) Name Withheld per Article III, Section 7(d) of the National Jury Law.
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
To (Name of witness) _________________________________, greetings:
You are hereby commanded to appear before the Grand Jury of the ___________Jury (Legislative) District
of _________________, on the _______ day of ____________, at the Grand Jury Investigation Room (for
instruction, report to the Clerk of Court, telephone number _____________) in the Court House (indicate
address/city/province where witness will testify) at ___________________________________________
_______________________________________________________________ then and there to testify to
your knowledge in the case which is before this Grand Jury in which (mark the appropriate boxes):
(_)- A certain person named ______________________________ was allegedly (_)killed (_)- seriously
injured (_)robbed (_)subjected to physical torture or abuse (_)Others, specify: _________________
______________________________________________________ in or at (state location of the crime)
____________________________________________________________________________________
(__)- Certain alleged acts of _______________________________________________ have been
committed or had been going on during the period, or sometime prior thereto, (indicate inclusive dates) from
________________ through __________________ and allegedly continuing in the office of, or at, (indicate
location or address) ___________________________________________________________________
____________________________________________________________________________________
and to bring with you the following, it being necessary to use the same as testimony (write below and
itemize by numbering the things, you think, the witness has custody or has physical control of bringing in):
___________________________________________________________________________________
___________________________________________________________________________________
Grand Jury Investigation for: (Nameand nature of crime is withheldpursuant to Article III, Section 7(d) ofthe National Jury Law.)
90
___________________________________________________________________________________
This Grand Jury will keep your identity absolutely in secret. Your testimony will not be revealed to the public.
You are advised to keep this subpoena strictly confidential. Do not let anybody know about this subpoena.
In a bribery case, if you are a giver or offeror and private citizen, or non-government employed, this Grand
Jury will not charge you for, or you will be exempt from, bribery by authority of Presidential Decree No. 749
if you testify against the recipient of your bribe. With this offer and by this subpoena, if you refuse to testify,
this Grand Jury will accuse you, instead, for obstruction of justice for violation of the National Jury Law
which imposes a penalty of at least three years to five years of imprisonment.
If a third party prevents, or will prevent, you from testifying, you are obliged to testify and you are required
to inform this Grand Jury of the identity and address of such third party regardless of his rank and power
in the government or wealth or fame in the community for investigation and indictment by this Grand Jury
for Obstruction of Justice of such third party for violation of PD No. 1829.
You must appear personally and alone. Do not send your attorney or agent. You are not allowed to bring
in your attorney with you. If your attorney will advise you to refuse to give your testimony without his
presence or insist on staying in the grand jury investigation room, this Grand Jury will charge him for
obstruction of justice and this Grand Jury will indict you for contempt as well as for obstruction of justice for
refusal to testify.
You are absolutely forbidden to carry or bring into the grand jury room any type of cell phone, camera, or
firearm. Violation of this rule will subject you to an automatic indictment for obstruction of justice.
ISSUED BY THIS GRAND JURY THROUGH ITS FOREMAN in the City of _______________, this _______
day of _____________, in the year _________.
Recommended for issuance and signed by SIDN _______, Investigating GJ Member.
Issued and signed by SIDN _______, Grand Jury Foreman. SIDN signatures
validated pursuant to Article III, Section 7(b) of the National Jury Law.
Direction for the service of this subpoena
The Grand Jury to The Clerk of Court of the Regional/Municipal Trial Court of ____________, Greeting: You
are hereby commanded to designate the server of, and return, the within subpoena according to law. Dated
at ___________________________, this ______ day of _____________, _______ in the year of our Lord.
Signed with SIDN# ______, of the Secretary of the Grand Jury
SIDN signature validated per Article III, Section 7(b) of the National Jury Law
PROOF OF SERVICE AND DELIVERY OF SUBPOENA
(After being signed by server, the Original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
91
1. I served this Subpoena by personally delivering a copy thereof to the person named below: (The
personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served __________________________________________
(b) Address where served __________________________________________
__________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Subpoena (fill in and sign if server is unable to serve): After due search,
careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place of business
or work, I have been unable to make personal delivery of this Subpoena in this District on the person
named therein for the following reason/s:
________________________________________________________________________________
________________________________________________________________________________
____________________________________________I_____________________________________
I declare under penalty of perjury that this failure to serve this subpoena has not been induced with
conspiracy, bribery, or any form of agreement by this server with the person to be served or with a third
party.
3. Information about the Server or Person serving:
Print Full Name- ______________________________ _ (Must sign below)
Occupation- _______________________________________________________________
Address - __________________________________________, ______________________
Telephone Number/s, __________________________ Fax _________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is true and
correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall be
liable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________"
(Date Signed) (Signature)
- End of form -
92
Form GJ-13, Grand Jury Interrogation Quorum and Witness Appearance Record
THE GRAND JURYOf the _______ Jury (Legislative) District of:
____________________________________Grand Jury Term from ___________________ to _____________________
ConfidentialForm GJ-13 - Grand Jury Interrogation Quorum
and Witness Appearance Record
GRAND JURY CASE NUMBER ________________(Case Number originating from Form GJ-30 shall be assigned by Foreman)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Attendance of 14 Members is required to have a quorum.14 Members is required to vote unanimously to present an Indictment in Court.
For other matters, a majority of a quorum can approve such matters.
Date today: _________________
Name of Witness to Testify: _________________________________, SIDN#(x)________
Instruction: Attending members and officers to sign in with their SIDN in the spaces below:
Members: #______ #______ #______ #______ #______ #______ #________
Members: #______ #______ #______ #______ #______ #______ #________
Members: #______ #______ #______ #______ #______ Record Sec #________
Secretary: #________ Stenographer: #(x)________ Interpreter: #(x)__________ (For # with (x), list his/her name in Form GJ-32. Ask Foreman to obtain SIDN listing in Form GJ-32)
Vice Foreman # __________ Foreman #___________
Juror Principally Assigned to this case, ID #____________
NOTE: Fill up this form for each session in dealing with a particular case. Juror In Charge of this case mustwrite briefly, or summarize, below what this case is all about in his preliminary investigation for advanceinformation of the officers and members of the Grand Jury. Write in English or other language or dialectthat all members and officers of the grand jury will understand:
___________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________(Attach additional sheet if necessary)
VOTING RESULT: [_]-APRROVE and write the Indictment [_]-DISAPPROVE. Do not indict.Attached all the Secret Ballots, Form GJ-14, to this File.
Confirming GJ Officers by: Foreman SIDN # ____________ Secretary SIDN#__________
- End of Form -
93
Form GJ-14, Secret Ballot of the Grand Jury.
"THE GRAND JURYOf the _______ Jury (Legislative) District of:
____________________________________
Grand Jury Term from ___________________ to _____________________
"ConfidentialForm GJ-14 - Secret Ballot of the Grand Jury
GRAND JURY CASE NUMBER ______________________(Case Number originating from Form GJ-30 shall be assigned by Foreman)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
NOTE: A grand jury decision to indict must be supported by at least
14 "Yes" votes of the members and officers of the grand jury.
Information for #s 2 thru 7 will be announced by Foreman.
1. Ballot Number ______ <Must be prenumbered and authenticated by Secretary, ID# _______>
2. Date of this Ballot _________________
3. Name of Suspected Offender ______________________________________________________
4. Alleged Crime Committed _________________________________________________________
5. Date of Crime Commission ________________________________________________________ 6. Location of the Crime ____________________________________________________________
7. Name of Victim __________________________ (If minor, don't write name - mark [_] )
Information 8 or 9 below will be marked by GJ Voter or Member/Officer
8. [_]- YES. I indict . I found probable cause or reasonable ground to believe that the suspected offender is guilty of the offense charged.
9. [_]- NO. I refuse to indict . I find no probable cause or reasonable ground to believe that the suspected offender is guilty of the offense charged.
10. Date- ________________ (Refer to No. 2 above). 11. Voter's SIDN ______"
- End of Form -
94
Form GJ-15, Grand Jury Indictment - General Form. Sample Form
(GRAND JURY INDICTMENT - GENERAL FORM)Complaint filings in court must be type-written. Confer with an attorney
"IN THE __________ TRIAL COURT OF _____________
Branch ______, _____ Judicial District of ____________Number and Name of Street _______________________________
Municipality/City/Zip _________________________________________
CRIMINAL CASE NO. ____________
For (Name of Crime)
GRAND JURY INDICTMENT(GJ Case No. _____________)
The People, through the Grand Jury of the _______ Grand Jury District of the City of _____________, beforethis Court hereby present and file this indictment and alleges that the accused, _______________ <Follow the
customary legal form used in filing criminal complaints before this court. If you think it necessary, you may summon
a government prosecutor to assist you in formulating your complaint. Use Form GJ-52 (Found in Art III, Sect. 99, of
the NJL) to summon the prosecutor, or others. You must caution the prosecutor to keep this matter strictly confidential
and warn him that you will file a complaint against him for obstruction of justice for violating the rule of secrecy of the
Grand Jury system. If he will ask for your real names, inform him that under the rules of the Grand Jury, you are not
allowed to disclose your names to anyone whomsoever. As a member of the Grand Jury, you are required to act with
sovereign dignity directly, pursuant to Article II, , Section 1, of the Constitution, in behalf of the sovereign people you
are representing and you must deal with him as your subordinate public servant regardless of his rank, title, position,
nobility or royalty.>
CONTRARY TO LAW (Cite name of law and section or article number).
This Grand Jury with the Oath of its members finding probable cause that the accused has committed the crimecharged, hereby present this Indictment in Court for the prosecution of said accused.
_________________________, Philippines __________________(Municipality/Province/City) (Date)
WITNESSES (Write only the SIDNs of the witnesses for ths Indictment: THE GRAND JURY: Name of witness to be disclosed only afterswearing to start his/her testimony at the trial. Personally signed by its Foreman
with his/her SIDN #______________1. SIDN# _______ of Witness by Authority of Article III, Section 7(b)2. SIDN# _______ of Witness of the National Jury Law. 3. SIDN# _______ of Witness 4. SIDN# _______ of Witness
- End of Form -
The PEOPLE OF THE PHILIPPINES,
Plaintiff,vs
NAME OF OFFENDER, Accused.
95
Form GJ-16, Grand Jury Indictment - for Perjury. Sample Form.
(GRAND JURY INDICTMENT - FOR PERJURY or FALSE TESTIMONY)Complaint filings in court must be type-written. Confer with an attorney
"IN THE __________ TRIAL COURT OF _____________Branch ______, _____ Judicial District of ____________
Number and Name of Street _______________________________Municipality/City _________________________________________
CRIMINAL CASE NO. _____________
For PERJURY
GRAND JURY INDICTMENT(GJ Case No. ___________)
The People, through the Grand Jury of the _______ Grand Jury District of the City of ___________,before this Court hereby present and file this indictment and alleges that the accused, _____________,<Follow the customary legal form used in filing criminal complaints for Perjury before this court. If you think it necessary,you may summon a government prosecutor to assist you in formulating your complaint. Use Form GJ-52 (Found in Art III,Sect. 99, of the NJL) to summon the prosecutor, or others. You must caution the prosecutor to keep this matter strictlyconfidential and warn him that you will file a complaint against him for obstruction of justice for violating the rule of secrecyof the Grand Jury system. If he will ask for your real names, inform him that under the rules of the Grand Jury, you are notallowed to disclose your names to anyone whomsoever. As a member of the Grand Jury, you are required to act withsovereign dignity directly, pursuant to Article II, , Section 1, of the Constitution, in behalf of the sovereign people you arerepresenting and you must deal with him as your subordinate public servant regardless of his rank, title, position, nobility
or royalty.> CONTRARY TO LAW (Cite name of law, section or article number of Penal Code)
This Grand Jury with the Oath of its members finding probable cause that the accused has committed the crimecharged, hereby present this Indictment in Court for the prosecution of said accused. _________________________, Philippines __________________(Municipality/Province/City) (Date)
WITNESSES (Write only the SIDNs of the witnesses for ths Indictment: THE GRAND JURY:Name of witness to be disclosed only afterswearing to start his/her testimony at the trial. Personally signed by its Foreman
with his/her SIDN #______________1. SIDN# _______ of Witness by Authority of Article III, Section 7(b)2. SIDN# _______ of Witness of the National Jury Law. 3. SIDN# _______ of Witness 4. SIDN# _______ of Witness
- End of Form -
The PEOPLE OF THE PHILIPPINES,
Plaintiff,vs
NAME OF OFFENDER,
Accused.
96
Form GJ-17, Grand Jury Indictment - for OBSTRUCTION OF JUSTICE - Sample Form.
(GRAND JURY INDICTMENT - FOR OBSTRUCTION OF JUSTICE)
Complaint filings in court must be type-written. Confer with an attorney or Prosecutor"IN THE __________ TRIAL COURT OF _____________Branch ______, _____ Judicial District of ____________
Number and Name of Street _______________________________Municipality/City/Zip _________________________________________
CRIMINAL CASE NO. _____________
For OBSTRUCTION OF JUSTICE
GRAND JURY INDICTMENT(GJ Case No. _______)
The People, through the Grand Jury of the _______ Grand Jury District of the City of ___________, beforethis Court hereby present and file this indictment and alleges that the accused, _____________, <Follow the
customary legal form used in filing criminal complaints for Perjury before this court. If you think it necessary, you may summona government prosecutor to assist you in formulating your complaint. Use Form GJ-52 (Found in Art III, Sect. 99, of the NJL)to summon the prosecutor, or others. You must caution the prosecutor to keep this matter strictly confidential and warn himthat you will file a complaint against him for obstruction of justice for violating the rule of secrecy of the Grand Jury system.If he will ask for your real names, inform him that under the rules of the Grand Jury, you are not allowed to disclose yournames to anyone whomsoever. As a member of the Grand Jury, you are required to act with sovereign dignity directly,pursuant to Article II, , Section 1, of the Constitution, in behalf of the sovereign people you are representing and you must deal
with him as your subordinate public servant regardless of his rank, title, position, nobility or royalty.>
CONTRARY TO LAW (Cite name of law, section or article number of Penal Code)
This Grand Jury with the Oath of its members finding probable cause that the accused has committed the crimecharged, hereby present this Indictment in Court for the prosecution of said accused. _________________________, Philippines __________________(Municipality/Province/City) (Date)
WITNESSES (Write only the SIDNs of the witnesses for ths Indictment: THE GRAND JURY:Name of witness to be disclosed only afterswearing to start his/her testimony at the trial. Personally signed by its Foreman
with his/her SIDN #______________1. SIDN# _______ of Witness by Authority of Article III, Section 7(b)2. SIDN# _______ of Witness of the National Jury Law. 3. SIDN# _______ of Witness 4. SIDN# _______ of Witness
- End of Form -
The PEOPLE OF THE PHILIPPINES,
Plaintiff,vs
NAME OF OFFENDER,
Accused.
97
Form GJ-18, Memorandum of Non-indictment by the Grand Jury.
"THE GRAND JURYOf the _______ Jury (Legislative) District of:
____________________________________
Grand Jury Term from ___________________ to _____________________
GRAND JURY CASE NUMBER _____________(Case Number to be assigned by Foreman originating from Form GJ-30)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
In the Case of:
Suspected Offender - _________________________________________________________________________
Complaining Party - __________________________________________________________________________
Through: (_)- Government Prosecutor (_)- Personally by complaining party (_)- Anonymous Informant
Witness: (_)- Complaining Party (_)- Others (List all here) - _________________________________________
_______________________________________________________________________________
For alleged crime of - _________________________________________________________________________
Date of commission - ________________________ Location of crime - ________________________________
___________________________________________________________________________________________
MEMORANDUM OF NON-INDICTMENT BY THE GRAND JURYWithout prejudice of reinvestigation if additional prima facie evidence is found.
Date today: _________________
AFTER CAREFUL INVESTIGATION of this matter including interrogation of the witness/es and examination ofdocument/s and other piece/s of thing/s offered as evidence by the complaining party, this Grand Jury (signed byits members with their security Identification numbers) FOUND NO PROBABLE CAUSE or reasonable ground toindict the suspected offender over the alleged crime imputed on him.
Instruction: Attending members and officers must personally sign in with their security ID numbers in the spacesbelow. These ID numbers were issued, and authenticated, by the Executive Judge of the Regional Trial Court of__________________________________:
Members: #_______ #_______ #_______ #________ #_______ #_______ #_______
Members: #_______ #_______ #_______ #________ #_______ #_______ #_______
Members: #_______ #_______ #_______ #________ #_______ Record Sec #_______
Secretary: #______ Vice Foreman # _______ Foreman #_______
Juror Principally Assigned to this case, ID #________
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The undersigned, Foreman of this Grand Jury, certifies on his/her oath that the pertinentprocedures of the Grand Jury Standard Instructions of the National Jury Law have been compliedwith before the decision to write this non-indictment was arrived at.
GRAND JURY By Its Foreman and Signed with his/her SIDN # _______Pursuant to Article III, Section 7(b) of the National Jury Law.
CERTIFICATE OF SERVICE
The undersigned Secretary of this Grand Jury has filed with the Clerk of Court this document,including pieces of evidence presented by complaining party for his serving to the concernedcomplaining party, as follows, to:
(__) - The Government Prosecutor (if the complaint was presented by such entity)
(__) - The Complaining Party (if the complaint was originally submitted by complainant)
(__) - NOTE: If complaint was originally initiated by the Grand Jury or anonymous tipster,serve nobody. Keep the file in the Archive.
In the Municipality/City/Province of________________________________________________this ____________ day of the Month of __________________, Year __________
GRAND JURY By Its Secretary and Signed with his SIDN # ______Pursuant to Article III, Section 7(b) of the National Jury Law.
- End of Form -
99
Form GJ-19, List of Exhibits Form To Support filing of GJ Indictment In Court.
THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________
Grand Jury Term from ___________________ to __________________
“Confidential
LIST OF EXHIBITS FORM
(The Assigned Member to a Case Must Prepare and
Keep this Record Strictly Confidential - Internal Use Only)
GRAND JURY CASE NUMBER ______________________
(Case Number originating from Form GJ-31 shall be assigned by Foreman)
(Note: Legible hand-print information is sufficient to accomplish this form. No need to type)
Case Assigned to: Juror SIDN# _________
Name of suspected crime offender _______________________________________________________________
Name of Crime/s Committed __________________________________________________________________
LIST OF EXHIBITS
(Designate the Exhibit Number starting with #-1 and attach a Label or Tag to the Exhibit)
Exhibit
Identification
WITNESS
SIDN# DESCRIPTION OF EXHIBIT PURPOSE: TO PROVE WHAT?
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Exhibit
Identification
WITNESS
SIDN# DESCRIPTION OF EXHIBIT
PURPOSE: TO PROVE WHAT?
- End of Form -
101
Form GJ-20, Physician's Certificate of Juror's Illness or Injury Form.
THE GRAND JURY
Of the _______ Jury (Legislative) District of:
_____________________________________
Grand Jury Term from ___________________ to __________________
Confidential
Form GJ-20 - PHYSICIAN'S CERTIFICATE
OF JUROR'S ILLNESS OR INJURY FORM
(The Attending Physician is required to keep documents strictly confidential)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
TO WHOM IT MAY CONCERN:
The UNDERSIGNED PHYSICIAN HEREBY CERTIFIES that the bearer who identified himself/herself as
a Grand Juror with SIDN# ______ has submitted for medical consultation and treatment on (date)
_____________. I have thoroughly examined the patient and it appears that (_)-he (_)-she is suffering
from an acute or serious illness medically described as ______________________________________
___________________________________________________________________________________
__________________________________________________________________________________
I ordered complete home rest or hospital confinement at the _______________________ _____________
for this patient from (date)___________ up to (date) __________. I have kept a medical record of this
patient with his true name in my medical file for ready inspection under the exclusive authorization by the
Grand Jury.
My medical license number is _______________ with the Philippine Government Registry of Physicians
or Board.
This certificate is issued under penalty of perjury that the foregoing information are true and correct this
__________ day of the month of _______________, year _______.
Physician's Signature _________________________________
Physician's printed name ______________________________
Business street address ______________________________________________
Mun/City of ____________________, Province __________________, Philippines
- End of Form -
102
Form GJ-21, Offer of Immunity to a Witness as Giver or Offeror Who Is a Private Citizen in Bribery to a Public Official.
THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________
Grand Jury Term from ________________ to ________________
Strictly Confidential
OFFER OF IMMUNITY TO A WITNESS AS GIVER OR OFFEROR
WHO IS A PRIVATE CITIZEN IN BRIBERY AGAINST A PUBLIC OFFICIAL
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Name of Private Citizen or Person - ______________________________________________________
Business Street Address - _____________________________________________________________
Municipality/City/Province - _____________________________________________________________
Subject: Offer of Immunity from Prosecution in Bribery by a Private Citizen To a Public Official
Greetings:
You are commanded to keep this communication strictly and absolutely confidential. Should you disobey
this confidential or secret warning this Grand Jury shall indict you for obstruction of justice.
It has been brought to the attention of this Grand Jury that you are a witness or had paid or you were
forced to pay an amount or sums of Bribe Money and/or Property to a certain government official said to
be holding office at (name of government office or instrumentality) ___________________________
_______________________________________________________________________________ in the
street address at ______________________________________________________________________
___________________________________________________________________________________
You are hereby summoned to appear personally before this Grand Jury on (date) _________________
at exactly 10'clock in the morning. You are required to contact the Clerk of Court, telephone number
__________________________ in the Court House of the Executive Judge of the Regional Trial Court
of _________________________. The business office address of said Clerk of Court is located at
__________________________________________________________________________________and
present this subpoena to him. He will lead you to the Grand Jury Room.
103
The purpose of this subpoena is to arrange or to solicit your promise to testify against the subject public
official wherein you will be given a secret identity name not earlier than until you are sworn in at an actual
jury trial and granted immunity from prosecution for bribery if you shall willingly and truthfully testify in this
matter against the recipient of your bribe.
This subpoena, delivered to you by official service by an authorized server of legal matters, will serve
notice to you that should you refuse to testify in this investigation, you will be liable for criminal indictment
by this Grand Jury for obstruction of justice in violation of the National Jury Law.
FAIL NOT under penalty for Obstruction of Justice.
This letter is issued this _____ day of the month of ____________, year ___________,
BY: THE GRAND JURY, By Its Foreman and Signed with his SIDN#________,
and Validated pursuant to Article III, Section 7(b) of the National Jury Law.
Direction for the service of this Offer of
Immunity from prosecution of a Witness
The Grand Jury to The Clerk of Court of the Regional/Municipal Trial Court of _____________, Greetings:
You are hereby commanded to designate the server of, and return, the within subpoena according to law.
Dated at _____________________, this ____ day of ________, _____ in the year of our Lord, BY:
THE GRAND JURY, Signed with the SIDN#________
of its Secretary by authority of Article III, Sec. 7(b)
of the National Jury Law.
PROOF OF SERVICE AND DELIVERY OF THIS OFFER OF IMMUNITY
(After being signed by server, the Original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Offer by personally delivering a copy thereof to the person named below: (The
personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ___________________________________________________
(b) Address where served ____________________________________________________
_____________________________________________________
(c) Date/Time of Delivery: ______________, 20____ ________ ___.M
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2. [_]- Non-Service Return of Offer of Immunity (fill in and sign if server is unable to serve): After due
search, careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place
of business or work, I have been unable to make personal delivery of this Offer of Immunity in this
District on the person named therein for the reason that ________________________________
__________ _________________________________________________________________________
_________________________________________________________________________________ ___
___________________________________________________________________________________
__________ __________________________________________________________________________
__________________________________________________________________________________
_____________________________________________________________ and I DECLARE UNDER
PENALTY OF PERJURY that this non-service to the witness was not procured by conspiracy or bribery
with the said witness or with a third party.
3. Information about the Person serving:
Full Name (must sign below) - ____________________________________________________
Occupation - [_]-Official Server [_]- _________________________________________________
Name of organization or business - _________________________________________________
Address - _____________________________________________________________________
_____________________________________________________________________
Telephone Number ______________________ Fax Number _____________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is true
and correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall
be liable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________
(Date Signed) (Signature)
- End of form -
105
Form GJ-22, Offer of Immunity From Prosecution To a WitnessIn a Bribery By Public Officials or Election Voter.
THE GRAND JURY of the _______ Jury (Legislative) District of:
_____________________________________
Grand Jury Term from ________________ to __________________
(Strictly Confidential)OFFER OF IMMUNITY FROM PROSECUTION TO A WITNESS IN ABRIBERY BETWEEN PUBLIC OFFICIALS OR ELECTION VOTER
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Name of the Public Official- ___________________________________________________________Public Position or Title - ___________________________________________________________Business Street Address - ___________________________________________________________Municipality/City/Province - ___________________________________________________________
Subject: Offer of Immunity to a Recipient in Bribery from Prosecution who is a PublicOfficial or an Election Voter Against A Giver who is a Public Official
Greetings:
You are commanded to keep this communication strictly and absolutely confidential. Should you disobeyor violate this confidential or secret warning, this Grand Jury shall indict you for obstruction of justice.
It has been brought to the attention of this Grand Jury that you had accepted or had been enticed to acceptan amount or sums of money, or property or your placement in a more privileged government position orpromotion to enable the giver or offeror in a bribery transaction to unduly gain more power or privilege orpublic position to the giver or offeror of the Bribe.
Said official and giver or offeror of the bribe is or may be holding office at (name of government office orinstrumentality) _______________________________________________________ with business streetaddress at ____________________________________________________________________________________________________________________________________________________________. You are hereby summoned to appear personally before this Grand Jury on (date) _________________at exactly 10'clock in the morning. You are required to contact the Clerk of Court, telephone number_____________________ in the Court House of the Executive Judge of the Regional Trial Court of_________________________. The business office address of said Clerk of Court is located at__________________________________________________________________________________________________________________________________________________________________ andpresent this subpoena to him. He will lead you to our Grand Jury Room.
The purpose of this subpoena is to arrange or to solicit your promise to testify against the subject publicofficial wherein you will be given a secret identity name not earlier than until you are sworn in at a jury trialagainst the public official described above and you will be granted immunity from prosecution for briberyif you shall willingly and truthfully testify in this matter against the described public official above.
This subpoena, delivered to you by official service by an authorized server of legal matters, will servenotice to you that should you refuse to testify in this investigation, you will be liable for criminal indictmentby this Grand Jury for obstruction of justice in violation of the National Jury Law.
FAIL NOT under penalty for Obstruction of Justice.
This letter is issued this _____ day of the month of ____________, year ___________, BY:
THE GRAND JURY
THE GRAND JURY, Signed with the SIDN#________of its Foreman by authority of Article III, Sec. 7(b)of the National Jury Law.
106
Direction for the service of this Offer of Immunity from prosecution of a Witness
The Grand Jury to The Clerk of Court of the Regional/Municipal Trial Court of _____________, Greetings:You are hereby commanded to designate the server of, and return, the within subpoena according to law.Dated at _____________________, this ____ day of ________, _____ in the year of our Lord, BY: THE GRAND JURY, Signed with the SIDN#________of its Secretary by authority of Article III, Sec. 7(b)of the National Jury Law.
PROOF OF SERVICE AND DELIVERY OF THIS OFFER OF IMMUNITY(After being signed by server, the Original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Offer by personally delivering a copy thereof to the person named below: (Thepersonal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served __________________________________________
(b) Address where served __________________________________________
__________________________________________
(c) Date/Time of Delivery: ______________, 20___ ______ _.M
2. [_]- Non-Service Return of Offer of Immunity (fill in and sign if server is unable to serve): After duesearch, careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual placeof business or work, I have been unable to make personal delivery of this Offer of Immunity in thisDistrict on the person named therein for the reason that _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ and IDECLARE UNDER PENALTY OF PERJURY that this non-service to the witness was not procured by conspiracy or bribery with the said witness or with a third party.
3. Information about the Person serving:
Full Name (must sign below) - _____________________________________________________
Occupation - [_]-Official Server [_]- _________________________________________________
Name of organization or business - _________________________________________________
Address - _____________________________________________________________________
_____________________________________________________________________
Telephone Number ________________________ Fax Number ______________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is trueand correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shallbe liable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________ (Date Signed) (Signature)
- End of form -
107
Form GJ-23, Foreman's Recommendation to Terminate a Member of the Grand Jury.
THE GRAND JURY of the _______ Jury (Legislative) District of:___________________________________
Grand Jury Term from ___________________ to _____________________
ConfidentialForm GJ-23 - FOREMAN'S RECOMMENDATION
TO TERMINATE A MEMBER OF THE GRAND JURY(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Date today _______________
The Honorable Executive Judge
Regional Trial Court of _______________________________________________
Municipality/City/Province _____________________________________________
Subject: Recommendation to Terminate Membership of Juror SIDN ________ from the Grand Jury
GREETINGS:
The undersigned is the Foreman of the current Grand Jury.
I respectfully recommend for the termination of the subject for the following reason(s):
[_] - Inexcusable absences jury sessions or proceedings. He/She has now been absent ____times.
[_] - Failed to notify the undersigned in most and/or all occasions of his/her absence. [_] - Refused to provide written justification of his/her absences.
[_] - Insubordination. Refused or neglected to perform the needed action on cases assigned to him/her. This has happened _____ times.
[_] - Violation of Confidentiality of proceedings. Specify: ____________________________________
________________________________________________________________________________________
[_] - Drunkenness and/or drug abuse. Specify: _____________________________________________
[_] - Tardiness in reporting for jury duty. Specify dates and how many times: ______________________________________________________________________________________
______________________________________________________________________________________
108
[_] - Performing field work without prior notification and/or permission.
I recommend that the juror’s per diem be paid up to the date of the issuance of thisrecommendation shown below and none after said date.
The undersigned certifies that he/she has personally served or furnished a copy of thisrecommendation letter to the grand juror concerned this ______ day of the month of______________, year ________.
Respectfully yours,
THE GRAND JURY, Signed with the SIDN#________of its Foreman by authority of Article III, Sec. 7(b)
of the National Jury Law. .
- End of Form -
109
Form GJ-24, Members' Recommendation to Expel Foreman from the Grand Jury
THE GRAND JURY of the _______ Jury (Legislative) District of:
_____________________________________
Grand Jury Term from ___________________ to _____________________
Confidential
Form GJ-24 - MEMBERS' RECOMMENDATION TO EXPEL FOREMAN FROM THE GRAND JURY
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Date today _______________
The Honorable Executive Judge
Regional Trial Court of _______________________________________________
Municipality/City/Province _____________________________________________
Subject: Recommendation to Expel Foreman SIDN _______ from the Grand Jury
GREETINGS:
The undersigned are bonafide Members of the current grand jury.
We respectfully recommend for the expulsion of the subject Grand Jury Foreman for the reasons
stated below (mark the applicable boxes):
[_]- Inexcusable absences jury sessions or proceedings. He/She has now been absent ____
times.
[_] - Failed to notify our secretary in most and/or all occasions of his/her absence.
[_] - He has no explanation to us for his/her frequent absences.
[_]- For close association with public officials suspected of corruption or potential subject of
grand jury investigation for corrupt or graft practices or for the commission of a crime.
Specify: ___ __________________________________________________________________________
___________________________________________________________________________
[_]- Gross ignorance of Grand Jury Standard Instruction. [_]- His agenda is disorganized. Lacks
110
coordination with the assigned tasks to us, grand jury members.
[_]- Violation of Confidentiality of proceedings. Specify: ____________________________________
___________________________________________________________________________________________
____________________________________________________________________________
[_]- Drunkenness and/or drug abuse. Specify: ______________________________________
____________________________________________________________________________
[_]- Tardiness in reporting for jury duty. Specify dates and how many times: ________________
_____________________________________________________________________________
[_] - Performance of field work without prior planning or coordination.
The undersigned certify that they have personally served or furnished a copy of this
recommendation letter to the grand jury foreman concerned this ____ day of the month of
_________, year ________.
(At least 6 Grand Jurors are required to sign this recommendation)
Respectfully yours,
Grand Juror SIDN _______ Grand Juror SIDN ________ Grand Juror SIDN ________
Grand Juror SIDN _______ Grand Juror SIDN ________ Grand Juror SIDN ________
- End of form -
111
Form GJ-25, Oath of the Grand Juror .
THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________
Grand Jury Term from ___________________ to _____________________
Confidential
Form GJ-25 - OATH OF THE GRAND JUROR
"I will support the Constitution of the Philippines and all laws made in pursuance thereof
and in conformity therewith, will diligently inquire into, and true presentment make, of all public
offenses against the people of the Philippines, committed or triable within this municipality or city
as well as within this province, of which the Grand Jury shall have or can obtain legal evidence.
I will keep my own counsel, and that of my fellow grand jurors and of the government, and
will not, except when required in the due course of judicial proceedings or authorized by statute,
disclose the testimony of any witness examined before the Grand Jury, nor anything which I or
any other grand juror may have said, nor the manner in which I or any other grand juror may have
voted on any matter before the Grand Jury.
I will present no person through malice, hatred or ill will, nor leave any unpresented through
fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all my
presentments I will present the truth, the whole truth, and nothing but the truth, according to the
best of my skill and understanding, so help me God."
Signed by the Grand Juror with his SIDN __________.
NOTE: The inducting judge must keep this document with the
confidential GJ application records of the subject member.
- End of Form -
112
Form GJ-26, Certificate of Truthfulness by the Suspected Offender.
THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________
ConfidentialCERTIFICATE OF TRUTHFULNESS BY THE SUSPECTED OFFENDER
NOTICE to the suspected offender : Filing of this document is voluntary. You are not compelledto file this document with the Grand Jury but if you do so, the text or wording in this form shouldnot be modified or changed. Warning : Do not attach to this form any falsified affidavit ordocument. If you do so, you and anyone who assisted you will be indicted or accused in court bythe Grand Jury for Perjury and/or for Obstruction of Justice. You must consult your lawyer beforesubmitting this document and its attachments to this Grand Jury. Do not appear in person beforethis Grand Jury. Your presence is absolutely not required. This Grand Jury is not a court. It is anindependent secret investigative body in behalf of the people against crime suspected offenders.
(This is a Durable Form. It must not be amended in any way)(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
GREETINGS:
It has come to the attention of the undersigned that he is being investigated by this GrandJury for an alleged crime of _________________________________________________________.
I profess innocence from the imputed crime. I hereby submit the herein attacheddocuments consisting of a total of _____ pages or sheets. I have serially numbered with my ownhand said pages or sheets beginning with number "1" through "_______", the last page,consecutively, at the bottom right hand margin in each page. I have read each numbered pageand I fully understand its content.
[_]- Check this box if applicable: [_] - I was assisted by a lawyer.
Mark the applicable box: The lawyer [_]-is [_]-is not - my attorney in this case.
I believe he/she is a lawyer for: _________________________________________________
The name of the lawyer is: ______________________________________________________
His business address is: _______________________________________________________
In the Municipality/City/Province: ________________________________________________
I declare, affirm and certify under penalty of perjury before this Grand Jury under the lawsof the Philippines that the information given in the document/s herewith attached represent thetruth, the whole truth and nothing but the truth of the matters stated therein. The number on eachpage which I have personally written, as indicated above, signifies that I have verified andauthenticated the said referred documents.
I am submitting this Certificate of Truthfulness for my own defense with no intention to
obstruct, impede, frustrate or delay the apprehension, investigation or prosecution of the prime
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criminal suspect or suspects in this case.
Issued on the _______ day of the month of _______________, year ________ in the
Municipality/City/Province of _______________________________________________________
By: (Sign) ___________________________ (Print Name) _________________________
Address _______________________________________________________________
_______________________________________________________________
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ALTERNATE TO THE FILING OF THIS CERTIFICATE
Instead of filing this Certificate with the Grand Jury, you may submit names and address andoccupation or employment of a witness or witnesses who have personal and direct knowledge ofinformation or facts who will testify truthfully to attest your innocence of the alleged crime beinginvestigated against you but you cannot come along with him/them in the secret GJ investigatingroom - not even your attorney - and DON’T ATTEMPT TO DO SO. Keep this matter absolutelyconfidential.
Name: ________________________________ Occupation: _______________________
Address __________________________________________________________________
Name: ________________________________ Occupation: _______________________
Address __________________________________________________________________
Use additional sheet/s of paper, if necessary, for other witnesses
- End of form -
114
Form GJ-27, Unconditional Non-transferable Redeemable Judicial Voucher.
REPUBLIC OF THE PHILIPPINESOffice of the National Treasurer of the Philippines
Official Address ________________________
UNCONDITIONAL NON-TRANSFERABLE REDEEMABLE JUDICIAL VOUCHER
UNRJ Voucher Number ____________________ Signed by _______________________, National Treasurer.
Printed in money textured paper and prenumbered under the control and accounting of the National Treasurer of thePhilippines for distribution to the offices of an Executive Judge of the Philippines in the care of his Clerk of Court. It isunlawful to copy or photocopy this voucher in any manner. A copy of this document is valueless and null and void andcriminally unlawful. This voucher form shall be kept in the custody of the Clerk of Court of each judicial district in thecountry.
This voucher is an unconditional non-transferable redeemable obligation of the Republic of the Philippines and promptlypayable upon demand by the payee at any government treasurer’s office or at any bank in favor of, and payable to, andupon presentment of, its payee described and identified below. If a Trial Juror has not been seated in a particularcase, mark “Case#” with “Not Seated” or “N.S. ” or “S” if seated. The Payor, a bank or government treasurer or paymaster shall in turn demand for reimbursement from the Jury Fund in the care of the Supreme Court. The SupremeCourt Jury Fund shall be used to pay to no other than a payee listed below and shall be subject to unannounced auditby an Auditor of the Commission on Audit.
PAY TO:[_]-Grand Juror w/ SIDN# ____________ Membership from: [_]-Jan to June [_]-Jul to Dec Year ___________
[_]-Trial Juror with SIDN#_______________ Court Branch/Sala _______________________________ Case #_________________
[_]-Pro-Temp Judge Name ___________________________________ Court _____________________ Case #_________________
[_]-CD Prosecutor’s Name ___________________________________ Court ______________________ Case #_________________
[_]-PB Def Atty’s Name ____________________________ Court_________________ Case #_____________[_]-Mistaken Convict’s Name _______________________ Court ________________ Case # ____________[_]-Food Caterer’s Name ________________________________________ Court Branch/Sala __________________________
[_]-Ride Providers Name ________________________________________ Court Branch/Sala __________________________
[_]-Other: Payee’s Name ________________________________________ Court Branch/Sala __________________________
In the Amount of (in figures)- P
________________________________________________________________________________
(Amount written in words)
For his/her/its participation with the activities in the governance of justice as marked above in the Court as indicated abovein the following date(s) [_]-__________________________ ________________or [_]-in the case of Grand Juror SIDN-Payee or TrialJuror SIDN-Payee for the period from (date) ________________ to (date) ________________ upon presentment of thisvoucher for payment. The paying cashier, treasury or bank shall thereupon seek reimbursement of the paid voucher fromthe Jury Fund in the custody of the Supreme Court in accordance with the National Jury Law.
PAYMENT APPROVED on date (mm/dd/yyyy) / / BY:
Signature ______________________________________ Printed Name_______________________________________________
Supervising [_]-Regional [_]-Provincial [_]-Metro [_]-City [_]-Municipal [_]-Sharia Trial Judge [_]-Provincial [_]-City FiscalExecutive Judge, Reg.Trial Court (For [_] Grand Jurors [_]-JP Pro Temp Judge [_]-Community Deputy Prosecutor [_]-Deputy Public Defenders Vouchers); [_]- Other Service pertaining to Jury System Law Activities Voucher), at:
Name of Court - ____________________________________________________________________________________
Branch or Sala Number- _____________________________________________________________________________
Address of Court - ___________________________________________________________________________________
___________________________________________________________________________________
Note: Secretly report to your Grand Jury any anomaly or “kick back” committed in using this form. If a bribe solicitor is askingyou to pay a bribe to the solicitor and you have paid the bribe, you will be exempt from prosecution if you report and testify incourt against the recipient of your bribe. Refer to the Standard Grand Jury Instruction provisions.
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Form GJ-28, Request by the Grand Jury for Special Police Protection.
THE GRAND JURYOf the _______ Jury (Legislative) District of:
_____________________________
Grand Jury Term from ______________ to ________________
The National Police DirectorPhilippine National PoliceCamp Crame, Quezon City
(HIGHLY CONFIDENTIAL)
REQUEST BY THE GRAND JURY FOR SPECIAL POLICE PROTECTION(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
GREETINGS:
This Grand Jury hereby requests your command for police protection upon receipt of this communication. This request is made pursuant to the pertinent rules of the National Jury Law that implements the sovereign
power of the people in Article II, Section 1 of the Philippine Constitution. This request requires strictobservance of the secrecy rules in said section of the Jury Rules beyond the level of secrecy by which you may
have been bound to observe in your organization in view of the highly confidential function of the Grand Jury.This request is: [_]-Urgent [_]-Precautionary.
This Grand Jury is currently investigating, or it is starting to launch an investigation of a crime involving a high
profiled person for a serious offense and said person is believed to be well entrenched by his position, poweror influence in the government or in the community with highly armed followers of undetermined number. Said
person may: [_]-already have known [_]-not have known yet - this Grand Jury investigation.
At this time, the Grand Jury needs (#) __________ police personnel to protect its members in reporting to anddeparting from their grand jury duties. Except for each member of this Grand Jury who must show you his
SIDN# (security identification number) that indicate the period of his grand jury membership and signed by theExecutive Judge of this Jury District, you shall not allow any person or any public official, regardless of his rank
or position in the government or any government instrumentality unless such person or public official is inpossession of a subpoena or summons from this Grand Jury signed by the SIDN# of its foreman or secretary
and such person or official is escorted by the Clerk of Court to enter this Grand Jury Investigation Room.Please contact the Clerk of Court, telephone number _______________, of the court of the Executive Judge
in the Regional Trial Court of ____________________________________________________________ at(municipality/city/province) ______________ __________________________________________for inquiry of
the vicinage of this Grand Jury where the police personnel will be deployed.
This request is issued on this ______ day of the month of __________, year _______, BY:
THE GRAND JURY, Signed with the SIDN#________of its Foreman by authority of Article III, Sec. 7(b)
of the National Jury Law. Page 1 of 3
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Direction for the service of this Request for Speci al Police Protection
The Grand Jury to The Clerk of Court of the
Regional/Municipal Trial Court of ________________________ ______________________________,
Greeting: You are hereby commanded to designate the server of, and return, the within request according to
law. Dated at _____________________ ____________, this ____ day of ________________, _______ in
the year of our Lord, BY:
THE GRAND JURY, Personally signed with the
SIDN#________of its Secretary by authority of
Article III, Sec. 7(b) of the National Jury Law.
PROOF OF SERVICE AND DELIVERY OF THIS FOR POLICE PROTECTION
(After being signed by server, the Original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Offer by personally delivering a copy thereof to the person named below: (The personal
server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ____________________________________________________
(b) Address where served _____________________________________________________
_____________________________________________________
(c) Date/Time of Delivery: _____________, 20___ __________ _________.M
2. [_]- Non-Service Return of Offer of Immunity (fill in and sign if server is unable to serve): After due
search, careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place of
business or work, I have been unable to make personal delivery of this Offer of Immunity in this District
on the person named therein for the following reason:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Page 2 of 3
117
3. Information about the Server or Person serving:
Full Name- ________________________________ (must sign below)
Occupation- [_]-Official Process Server [_]-______________________
Name of Office/Organization - ____________________________________________________
Address - _____________________________________________________________
_____________________________________________________________________
Telephone Number ___________________ Fax Number _______________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information
is true and correct (Note: Read carefully before signing. Anyone who falsifies a statement in this
document shall be liable for indictment of perjury or of obstruction of justice and for punishment
by imprisonment.
Date signed: ______________, 20______ Place: ____________________________________
Signature: __________________________ Printed Name ______________________________
Page 3 of 3
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Form GJ-29, Declaration of Dissolution of the Grand Jury by its Members.
THE GRAND JURY
Of the _______ Jury (Legislative) District of:
_____________________________
Grand Jury Term from ______________ to ________________
ConfidentialForm GJ-29 - DECLARATION OF DISSOLUTION
OF THE GRAND JURY BY ITS MEMBERS(Blank Form GJ-30 should be attached to this declaration upon filing with the Clerk of Court)
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
The Honorable Executive Judge
Regional Trial Court of ______________________Jury (Legislative) District of ___________________
Address ___________________________________________________________________________
GREETINGS:
The undersigned 10 members of this Grand Jury, pursuant to its Grand Jury Standard InstructionNumber (46) hereby declare for the dissolution of this Grand Jury. The reasons for this declaration are:
(_)-disloyalty, (_)-apparent corruption (_)-lack of interest to perform the functions - by the majority of itsmembers and officers.
SPECIFICATION TO SUPPORT DECLARATION
[_]-DISLOYALTY: Close association of most of its members with suspected offenders. Add other acts
of disloyalty here: ___________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
[_]-APPARENT CORRUPTION Specify here: [_]-Impulsive gambling [_]-Others__________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Page 1 of 2
___________________________________________________________________________________________
__________________________________________________________________________________
[_]-LACK OF INTEREST TO PERFORM GRAND JURY FUNCTIONS: [_]-Failure to learn or follow
instructions. [_]-Habitual tardiness of members in reporting for jury duty. [_]- Disorganized keeping ofgrand jury records. [_]-Failure to follow up investigation on crimes reported by victims or anonymous
informants. [_]-In the last 4 sessions, there were always 13 or less members present and lack of quorumto do business by the Grand Jury. [_]-Others (Specify)___________________________________________
119
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
__________________________________________________________________________________
___________________________________________________________________________________________
__________________________________________________________________________________
___________________________________________________________________________________________
__________________________________________________________________________________
___________________________________________________________________________________________
__________________________________________________________________________________
___________________________________________________________________________________________
__________________________________________________________________________________
Declaration Date: ________________ Date Filed with Clerk of Court: ____________
The SIDN#s of the 10 members of this Grand Jury seeking its dissolution are as follows:
SIDN#_______ SIDN#_______ SIDN#_______ SIDN#_______ SIDN#_______
SIDN#_______ SIDN#_______ SIDN#_______ SIDN#_______ SIDN#_______
Page 2 of 2
- End of Form -
120
Form GJ-30, Order to Show Cause Why this Grand Jury Shall Not Be Dissolved.
OFFICE Of The EXECUTIVE JUDGERegional Trial Court of ____________________
Street Address _______________________________________Municipal, City, Provincial Address _____________________________
Grand Jury Term from ______________ to ________________
(Strictly Confidential - Must Not Be Publicized In Anyway)Form 30- ORDER TO SHOW CAUSE WHY THIS
GRAND JURY SHALL NOT BE DISSOLVED
IN THE MATTER OF THE DECLARATIONOF THE DISSOLUTION OF THE GRAND CASE NO. ________________JURY.
DECLARANTS: Grand Jury Memberswith SIDN#s _______ _______ _______ Part "A" - ORDER TO SHOW CAUSE _______ _______ _______ _______ _______ _______ _______ Part "B" - ORDER TO DISSOLVE OR RETAIN THE GRAND JURY X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
PART A - ORDER TO SHOW CAUSE
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
The members of the Grand Jury with SIDN#s: _______ _______ _______ _______ _______ _______ _______ _______ _______ _______ _______ _______ _______ for their current term of duty [_]-from January through June, year _______ [_]-fromJuly through December, year ______ are hereby all ordered to appear before this court on(date) __________ at (time) _________ o'clock in the [_]-morning [_]-afternoon to showcause why this grand jury shall not be dissolved over and against the allegation of the aboveDeclarants as stated within their herein Declaration dated ____________.
Grand Jury Standard Instruction No. (46) requires that:
1. All 13 of you shall appear before this court as scheduled above; and2. You shall bring in all your Grand Jury records for examination or verification.
Should you fail to comply both requirements 1 and 2 above, this court will find no alternativebut to order with finality in compliance with Grand Jury Standard Instruction No. (46). Part A, the Order to show cause why this Grand Jury shall not be dissolved is hereby issued this______ day of _____________, year ______ for the information and notice to all members of theGrand Jury.
(Signature) _____________________________(Printed) _______________________________(Title) The Executive Judge
121
PART "B" - ORDER TO [_]-DISSOLVE [_]-RETAIN THE GRAND JURY
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
This Court held a conference hearing on the Declaration for Dissolution of this Grand Jury as scheduled
above. [_]- ____ members of the Grand Jury appeared without counting the declarants for dissolution.[_]-Said members brought in the following records of accomplishments of the Grand Jury consisting of (list
them here) ________________________________________________________________________________
______________________________________________________________________________________________________________________________________________________________________________________
___________________________________________________________________________
They [_]-presented arguments [_]-presented no arguments - disputing the allegations in theDeclaration For Dissolution of the Grand Jury. The findings of this Court are as follows:
1. The required presence of members in court was [_]-complied with [_]-not complied with.
2. The records presented [_]-showed neither substantial accomplishment nor competency of the
current grand jury in the performance of its functions. Specify briefly:
3. Oral arguments presented [_]-has convinced the court [_]-failed to convince the Court -To keep
the members in the remaining term of their office until the end of [_]-June [_]-December this year.The Court found that (specify briefly)
THIS COURT HEREBY ORDERS with finality that the Grand Jury be [_]-Retained. [_]-Dissolved and its
members are hereby further ordered to turn over today all their records to the Clerk of this court for
submission to the succeeding new grand jury members. [_]-The Clerk of Court is ordered to publicly
announce promptly an invitation for the drawing of new set of grand jury members for the balance of the
current term for grand jury duty of the disbanded grand jury members. Prior acts of this Grand Jury shall
remain effective.
Issued this ______ day of _______________, year ___________.
Printed) __________________________ (Signature) _____________________________________
(Title) The Executive Judge
- End of Form -
122
FORM GJ-31, Foreman’s Master Case Intake Registry - This form should be handled by the Foremanonly.
No action shall be done on a case unless recorded in this registry. Hand-print only.Start your first case also with #-10001 and also continue serially. Start your first page with #-10001 andcontinue serially.
Page No. _________
New Case # DateRecorded
CrimeName
Date ofCrime
Name ofVictim
Name ofSuspect
*DateIndicted
AssignedJuror’s #
NOTES: 1. * Date Indicted, means the date the case was filed in, and stamped by, the clerk of court where it was filed. 2. Bind this record on the left margin. If there are several crimes charged against a single person, enter on one line per case.
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Form GJ-32, Non-GJ member SIDN Master Designation Registry.
“THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________ Page No. _______ (Perpetual Numbering)
(Strictly Confidential)Form GJ-31 - NON-MEMBER SIDN MASTER DESIGNATION REGISTRY(This record must be perpetually passed on to the new set of Grand Jury Members)
(The Foreman and Recording Secretary must have joint custody of this Record)(In the 1st page, start with #3001 and continue serially in perpetuity into the following pages)
Keep this record in the Steel Vault of the Grand Jury. Hand Print the Written Information("Role in this case" - Describe as: "Witness", "Offender", "Victim", "Stenographer", "Translator", Etc.)
AssignedSIDN#
Issue dateof SIDN#
Name of Person to whomthis SIDN is issued
Role In thisCase
GJ CaseNumber
Name ofthe Offender
- End of Form -
124
Form GJ-33, Agenda Form for Grand Jury Sessions.
THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________
Grand Jury Term from ___________________ to _____________________
Page No. _______ (Perpetual Numbering)
(Strictly Confidential)
Form GJ-33 - AGENDA FORM FOR GRAND JURY SESSIONS
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Legend: "GJ" means "Grand Jury”
AGENDA FOR TODAY - Date: _________________ Day of the Week: _________________
Prepared Jointly By GJ Secretary SIDN#_______ and GJ Foreman SIDN#________
1. GJ Case Number _____________ (To finish yesterday's uncompleted matter)
GJ Member In Charge of the Case: SIDN#_________
2. GJ Case Number _______________ (Obtain the number from Form GJ-31 - ask Foreman)
Name of Offender: _______________________________________ Alias _________________________
Occupation/Profession/Job of the Offender _________________________________________________
Name or description of Crime: _____________________ Law violated: ___________________________
Complaint submitted by: [_]-_____________________________ [_]-Anonymous
Name of Witness: SIDN#_________ (Obtain the number from Form GJ-32 - ask Foreman)
Name of Witness: SIDN#_________ (Obtain the number from Form GJ-32 - ask Foreman)
GJ Member In Charge of the Case: SIDN#_____________
3. Things to do:
[_]- Deliberate and vote to decide. Review the Grand Jury Rules on Deliberation and Decision.
[_]- Prepare Indictment. Review tape record, exhibits, laws, exemption laws.
[_]- Invite attorney or other experts for consultation.
Use hypothetical questions. Don't mention real names.
[_]- Interrogate Witness starting (Time): __________ [_]-AM [_]-PM
[_]- Prepare Form GJ-13
[_]- Prepare Questions, use guide Form GJ-39
[_]- Issue Subpoena to the witness
[_]- Issue Form GJ-10 - Not enough leads. Advertise. Invite anonymous informants.
[_]- Other things to do with this case. Specify: ____________________________________________
________________________________________________________________________________
NOTE: Make sure you bring to completion at least 2 cases a week by filing either an Indictment or Memorandumfor Non-Indictment. You must finish a case within 60 days, excluding Saturdays, Sundays and Holidays from thedate you first docketed or recorded the case on your Form GJ-31. Refer to GJ Standard Instruction No. (38).
- End of Form -
125
Form GJ-34, Members' Recommendation to Expel Secretary from the Grand Jury.
THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________Grand Jury Term from ___________________ to _____________________
ConfidentialForm GJ-34 - MEMBERS' RECOMMENDATION
TO EXPEL SECRETARY FROM THE GRAND JURY(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Date today _______________
The Honorable Executive JudgeRegional Trial Court of _______________________________Municipality/City/Province _____________________________________________
Subject: Recommendation to Expel Secretary SIDN# _______ from the Grand Jury
GREETINGS:
The undersigned are bonafide Members of the current grand jury.We respectfully recommend for the expulsion of the subject Grand Jury Secretary for the reasons stated below:
[_]- Inexcusable absences jury sessions or proceedings. He has now been absent ____ times. [_]- Failed to notify our Foreman in most and/or all occasions of his absence. [_]- He has no explanation to us for his frequent absences.
[_]- For close association with public officials suspected of corruption or potential subject of grand jury investigation for corrupt or graft practices or for the commission of a crime.
[_]- Gross ignorance of Grand Jury Standard Instruction. [_]- His agenda is disorganized. Lacks coordination with the assigned tasks to us, grand jury members.
[_]- Violation of Confidentiality of proceedings. Specify: _____________________________________________
______________________________________________________________________________________
[_] - Drunkenness and/or drug abuse. Specify: ____________________________________________________
[_] - Frequent tardiness in reporting for jury duty. Specify dates and how many times: _____________________
_____________________________________________________________________________________
[_] - Performing of field work without prior planning or coordination.
The undersigned certify that they have personally served or furnished a copy of this recommendation letter to thegrand jury secretary concerned this ____ day of the month _________, year ________.(At least 6 Grand Jurors are required to sign this recommendation).
Respectfully yours,
Grand Juror SIDN _________ Grand Juror SIDN _________ Grand Juror SIDN _________
Grand Juror SIDN _________ Grand Juror SIDN _________ Grand Juror SIDN _________
- End of Form -
126
Form GJ-35, Authenticated Sidn#s of the Grand Jury Members for the Current Period.
REGIONAL TRIAL COURTOffice of the Executive Judge
________ Jury (Legislative) District of:__________________________________________
(Confidential)
Form GJ-35 - AUTHENTICATED SIDN#s OF THE GRAND JURY MEMBERS FOR THE PERIOD FROM _________________ TO ________________(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
IN ACCORDANCE WITH THE RULES OF THE JURY SYSTEM promulgated by the Supreme Court on (Date)
____________, the following Security Identification Numbers, briefly known as SIDN (no more than 23) are herebycertified and authenticated as valid numbers issued by the undersigned Executive Judge of the above courtfor the members of the Grand Jury in the _____Jury (Legislative) District of _______________________for the period from [_]-JANUARY through JUNE [_]-JULY through DECEMBER - year: ________ :
_______ _______ _______ _______ _______ _______ _______ _______ _______
_______ _______ _______ _______ _______ _______ _______ _______ _______
_______ _______ _______ _______ _______ .
These SIDNs shall be valid for use only within the same period shown on the execution date or stamp filingdate with the Clerk of Court on any document including but not limited to indictments issued by the GrandJury.
The matching actual names respectively for said SIDNs of the members of the Grand Jury are heldby the undersigned with strict confidentiality and no disclosure thereof will be granted except by subpoenaissued by a Grand Jury.
This Authentication Notice is issued for the confidential reference by Judicial and ProsecutingAuthorities for purposes of accepting the validity of the official acts of the Grand Jury in this Jury(Legislative) District.
This will amend the prior Authenticated SIDN#s of the Grand Jury Members for the currentperiod. Issued with the Seal of its Office this _______ day of ______________, year _________. BY:
Printed Name: _____________________________ Signature: ____________________________
Title Executive Regional Trial Judge"
(IMPRESS COURT SEAL BELOW)
- End of Form -
127
Form GJ-36 - Optional Exceptional Notice to Crime Suspect of Investigation:
THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________Grand Jury Term from ___________________ to _____________________
ConfidentialForm GJ-36 - Optional Notice
TO CRIME SUSPECT OF INVESTIGATION(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Name of Suspected Offender - _______________________________________________Street Address - __________________________________________________________
Municipality/City/Province ___________________________________________________
In the matter of the Criminal Complaint by - _____________________________________For (name of alleged crime) _________________________________________________
GREETINGS:
THIS GRAND JURY has received a criminal complaint described above against you.
This notice-letter is sent to you by this Grand Jury as an optional exception to the strict secrecyrules in Grand Jury Investigations and as a matter of discretion and courtesy extended to you. It is likewise
advised that you keep this matter with utmost confidentiality and you must not, in any manner, disclose itto the public or to anyone.
YOU ARE HEREBY REQUESTED to submit to this Grand Jury a response to the said complaint
within 10 days, excluding Saturdays, Sundays and Holidays, from the date you received this Notification.If you profess that you are completely innocent of the charge, you may, but we do not compel you, to do
either or both of the following acts:
First: Enclosed is a form labelled "Form GJ-26, Certificate of Truthfulness by Suspected Offender",and attach to it your written response to the charge or other documents and by complying the requirements
in it. You are not allowed to change the wordings in said certificate. You are not forced to comply with thesubmission of Form GJ-26 and its attachment, but should you submit the form with statements or
information attached to it, none of the information therein must show any falsity or forgery otherwise youmay be charged with perjury. If we find that the false statement therein or forgery is, or are, intended to
mislead, prevent, delay, frustrate, the prosecution of the real suspected offender in this matter, a furtherindictment by this Grand Jury for obstruction of justice may be filed against you for violation of Presidential
Decree No. 1829 as amended.
Second: You may submit name or names and address of witness/es to us your witness who willtruthfully testify to support your declaration of innocence. If you wish to testify before this grand jury, you
may do so but we shall not compel you to testify, and it is your right to refuse to do so. Should you testifyor your witness shall testify, we demand that you or your witness/es to tell the truth, the whole truth and
nothing but the truth otherwise you, or they, may be charged with perjury. If we find that the falsity in your
128
statement or in the statement of witness/es is, or are, intended to mislead, prevent, delay, frustrate, theprosecution of the real suspect in this matter, a further indictment by this Grand Jury for obstruction of
justice may be filed against you or against your witness for violation of Presidential Decree No. 1829 asamended. If you want them to testify, you must show this Form GJ-36 to any and all of them to let them
read and make them aware of the information in this document.
Should you testify before this Grand Jury, you will not be allowed to bring in your lawyer. Grand JuryRules do not permit us to let your lawyer to accompany you in the Grand Jury Investigation Room. Neither
you nor your lawyer will be allowed to cross-examine witnesses who appear before this Grand Jury.
Should you wish to discuss this matter with your attorney or to witnesses in your favor, you areadvised that you caution your lawyer or your witnesses to keep this matter likewise with utmost secrecy
and away from publicity.
This Notice is issued this _______ day of _______________, year ______ in the Jury(Legislative) District of __________________________________________,
BY:
THE GRAND JURY, Personally signed with the
SIDN#________of its Foreman by authority of Article III, Sec. 7(b) of the National Jury Law.
Direction for the service of this Exceptional Notic e to Suspected Offender
The Grand Jury to The Clerk of Court of the Regional/Municipal Trial Court of _____________,
Greeting s: You are hereby commanded to designate the server of, and return, the within Optional
Exceptional Notice according to law. Dated at _____________, this ____ day of ________, _____ inthe year of our Lord.
THE GRAND JURY, Personally signed with the SIDN#________of its Secretary by authority of
Article III, Sec. 7(b) of the National Jury Law.
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PROOF OF SERVICE AND DELIVERY OF THIS EXCEPTIONAL NOTICE TO SUSPECTED OFFENDER
(After being signed by server, the Original of this documentmust be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Offer by personally delivering a copy thereof to the person named below: (Thepersonal server must fill in by handwriting in the blanks hereunder):
(a) Name of Person Served ____________________________________________
(b) Address where served _____________________________________________
________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ _______ ___.M
2. [_]- Non-Service Return of Exceptional Notice to Suspected Offender (fill in and sign if serveris unable to serve): After due search, careful inquiry, and diligent attempts at the dwellingor usual place of abode or usual place of business or work, I have been unable to makepersonal delivery of this Offer of Immunity in this District on the person named therein forthe following reasons:
3. Information about the Server or Person serving:
Full Name- ____________________________________________________________
(Must sign below) Occupation- _____________________________________________
Address - _____________________________________________________________ __________________________________________________________________________
Telephone Number ____________________ Fax Number _______________
I declare under penalty of perjury under the laws of the Philippines that the foregoinginformation is true and correct (Note: Read carefully before signing. Anyone who falsifies astatement in this document shall be liable for indictment of perjury or of obstruction of justice andfor punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
- End of Form -
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Form GJ-37, Voucher Accounting Record of the Clerk of Court
REGIONAL TRIAL COURTOffice of the Clerk of Court
Office of the Executive JudgeGrand Jury for the _______ Jury (Legislative) District of:
__________________________________________
Form GJ-37- VOUCHER ACCOUNTING RECORD OF THE CLERK OF COURT
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Name of Clerk of Court:__________________________________Telephone____________________
Name of Court ______________________________________________________________________Address ___________________________________________________________________________
INSTRUCTION: 1. Draw the vouchers in chronological sequence of their serial numbers; 2. Keep spoiled
vouchers in a 3 ring binder of 8-1/2 by 11" size for audit along with this Accounting Record in the same binder;
3. Enter in this record promptly on the same day a voucher is prepared and one voucher only in each line; 4.If a voucher is spoiled, enter voucher number, date, intended payee’s name or SIDN and write the word
"VOIDED" on the " Money Amount" column and “1" under “Voucher Quantity Issued; 5. Clerk of Court must
send a photocopy of this Record every end of the month to the National Treasurer of the Philippines; 6. This
record is subject to audit by COA without prior notice; 7. Any figure in "Quantity Count Difference" should be
explained; 8. Count all lines for voucher forms used including the spoiled forms and enter in the line " issued
to individual payees (including spoiled forms) ."
Voucher Forms Audit Procedures: Period from (date) _____________ to (date) _____________
A- Quantity of Voucher Forms PER BOOKS:
Quantity of forms at beginning balance . . . . . . . . . . . . . . - _____________
Quantity of forms received during the period above . . . . - _____________
Total quantity of forms in stock during the same period . . - _____________
Number of forms used (Read Instruction No. 8 above) . . - _____________
Quantity balance of voucher forms at end of said period . - _____________
B- Quantity of Voucher Forms PER PHYSICAL COUNT . . . . . . - _____________
C- Quantity Difference between Per Books and
Per Physical Count (Custodian has to explain) . . . . . . . . . . . - _____________(?)
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Voucher FORMS USED from beginning period through accounting date or audit date:
Accounting or Audit Period from (date) _____________ to (ending date) ______________
VOUCHERNUMBER
DATEDISPOSED
SIDN or NAMEOF PAYEE
PAY PERIOD MONEYAMOUNT
VoucherIssued
1 per lineFROM TO
P
Total Vouchers issued to individual payees (including spoiled forms) per above -> P
Blank voucher forms from Numbers __________ to ___________ issued to Jury Commissioner,
Name: _________________________at _________ Trial Court at _____________________->
TOTAL Voucher Forms issued out by Clerk of Court (Name)__________________________->
- End of Form -
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Form GJ-38, Individual Sidn# Validation by the Executive Judge.
"REGIONAL TRIAL COURTOffice of the Executive JudgeJury (Legislative) District of:
__________________________________________
(Confidential)Form GJ-38- INDIVIDUAL SIDN VALIDATION BY THE EXECUTIVE JUDGE:
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
SUBJECT: SIDN# _________
Grand Juror’s “Gate Pass” to the Grand Jury Room and in
Collecting Payment on His Unconditional Non-Transferable Redeemable Voucher.
(Valid only for the period from ____________ to ___________)
(This document shall become invalid by any erasure in it)
(It is unlawful to copy this document)
The above Security identification Number (SIDN#) has been assigned by this Court to the bearer
for two limited purposes only, namely:
First: To authorize payment of his Unconditional Redeemable Juror's Voucher on Form GJ-27,
made and drawn payable to the same SIDN# and the pay period falls within the validity period of this
validation document.
Second: To authorize his/her entry to the Grand Jury Investigation Room of this Jury (Legislative)
District within the validity period of this document.
The bearer of this document who impersonates the power belonging to the real owner of this SIDN#
shall be subject to criminal prosecution under Article 177 of the Revised Penal Code of the Philippines.
Issued with the Official Seal of this Court on __________________, year _______
(IMPRESS SEAL BELOW)
Signature: _____________________________
Printed Name: __________________________
Title Executive Regional Trial Judge"
- End of Form -
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FORM GJ-39, Instruction and Basic Interrogatory Formby the Grand Jury to the Witness
This Form has three (3) parts that you need to work with. They are Part "A", Part "B", and Part "C".
Part “A” is on Page 128Part “B” is on Page 132Part “C” is on Page 151
VERY IMPORTANT: BEFORE you meet your first witness, you must have read and mastered this entire form,
Parts “A”, “B” and C, AT LEAST TWENTY (20) TIMES. That’s correct, 20 TIMES.
The first part, PART "A", is your instruction on how to prepare yourselves for your meeting withthe witness. First of Rule, never discuss, or argue or be showy, among yourselves, in the presence of
a witness to impress the witness. Any difference of opinion among yourselves should be discussedconfidentially and privately among yourselves.
Second Rule, Memorize it. Witnesses are of different stature and ability. A witness may be a
person who would simply like to answer, "yes" or "no", or whatever paper you may want him to sign orwhatever questions you may ask. Such a witness may be easy to handle.
Other witnesses may be very highly educated or skillful, such as a lawyer or a high government
official and would want to argue and put you down. This type of witnesses would be brainy, proficient,sharp and quick but also evasive in giving the information you are asking. And you must have already
memorized the next paragraph that you are about to read. He may neither answer "yes" nor "no". Toovercome such a witness, psychologically, you must be dressed professionally, at least by wearing your
barong tagalog or coat and tie. You must appear professional. Secondly, all of you should be preparedto act like a foreman and you can accomplish this by memorizing the instructions to the witness in Part
"A". You must show that you, too, are professionals and intelligent and you know what you are doing.If anyone of you is being overpowered by such witness, you must stand by and support your foreman.
You must be united at all times and most of all be polite. Here is a frank answer [MEMORIZE ITTONIGHT] to evasive witnesses and memorize it at heart, THEN PRACTICE IT, RECITE OR SAY IT,
IN YOUR NEXT MEETING TOMORROW IN FRONT OF YOUR FELLOW JURORS. DON’T BE SHY:
"Mr./Ms. Witness, we do not make the rules, the ru les of the jury system. The questionswe are asking you have been written or framed by th e Grand Jury Law and we have no choice butgo by them. We are not allowed to change them. The questions are simple questions and theyonly require simple answers. They are not difficul t to answer if you simply tell the truth andnothing but the truth, and the truth shall set you free. We are not allowed to accept evasiveanswers that tend to cover up the truth or to frust rate, prevent, or stop us from performing thefunction of this Grand Jury. We are likewise instru cted by the Rules that should a witness try tofrustrate, prevent, or stop us from pursuing the fu nction of the grand jury, we would simply filea criminal accusation against such witness for Obst ruction of Justice under Presidential DecreeNo. 1829. So, if you want to stop this proceedings by walking away, then we will do what thegrand jury rules have told us to do. Would you wan t us to proceed with our questions? Thechoice is yours. "
The second is Part "B" of Form GJ-39. Part "B" are basic standard questions that have beenprepared for you to ask the witness. You are not allowed to add, diminish, or modify, those questions.
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In this Part "B", you will be dealing with five (5) sets of forms which are as follows:
Form GJ-13 - Grand Jury Quorum Record and Case Summary
Form GJ-31 - The form where you obtain your Grand Jury Case
Number to identify which case you are dealing with.
Form GJ-32 - The form where you hide the true name of every one who
has any involvement about the case and it is the source
form for the SIDNs that you issue apart from your own SIDNs.
Form GJ-39 - This is the form where your basic questions have already been written for you by
the Rules of the Jury System. All you need to do through your foreman is to read
each question to the witness and the witness will simply write in his answers in
the copy of this form that you give him at the start of Part "B" to make your job
very easy. Take note that in this form, no name of any person or company or
some public office is written. Their names are designated with SIDN, the
Security ID Number that you provide for the witness and others in Form GJ-32.
Form GJ-42 - Master how to fill up this form. This form is where you will write the true name
of any person who have any kind of involvement in the grand jury proceedings
such as: the witness, primarily including his address and other personal
information; names of other persons mentioned by the witness , etc., and those
names are then registered in Form GJ-32, where they get their SIDN. Their
SIDNs are then used to identify them in Form GJ-39 and their roles and
connections or facts surrounding the crime that is the subject of your
investigation.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Form GJ-39 (Part "A")- Instruction to the Grand Jury Officers and Members:
1. It requires a lot of creativity to successfully get a full information from the witness. The basicrule therefore is preparation and there is no substitute for preparation. You must not look like a clumsy
confused navigator in the eyes of your witness. MEMORIZE YOUR ROLE, BE PROFESSIONAL.
2. If you cannot think of any question you plan to ask, begin with six (6) skeletal guides. They
are: "What", "why","who", "where", "when," and “how” . Use anyone of these any time, and make
yourself "curious" of whatever the witness say. Be inquisitive to get more information from the witness.You will never run out of questions with these guide questions: Example:
(a) To know about the WITNESS you are dealing with, ask other questions such as: his birth
date, where he lives, school attainment, his friends, job or profession, family: spouse, children, parents;Remember that a grand jury is not a court and you are not covered by the restrictions of the rules of court
such as asking for hearsay information, leading questions. No one and no lawyer can stop you fromasking any question to the witness.
(b) What the witness know about the suspected OFFENDER Had he heard before a person by
the name of the "offender"; How did the witness learn about such person; Has the witness seen suchperson: Where, when, what he was doing, etc. Anything the witness say about the offender, follow up
with another question to clarify what the witness is saying about the offender- it's like cross examination.
(c) What the witness know about the OFFENSE; If you have access to the Internet, searchabout that offense. Or go to the law library of the court near your grand jury room and do research.
Learn its elements. From what you learn in your research, apply the question: what, who, when, etc.
(d) Does the witness know about other witnesses to the crime? Why the witness think that thisother person is a witness to the crime? Always go back to the basic of asking: Who, where, when, how,
and why.
(e) If a witness is very evasive in his/her answers, you may ask the witness: “Would you consideryourself a crime suspect in this case?” If he says: “No”, then follow up with another question “Why?”.
Let him talk and talk. Follow up with: “Do you know the name of other people who can confirm of whatyou are telling us?” If he says “Yes”, then ask: “who” and “address” of that person.
3. Those of you who are listening, while your foreman is dealing with the witness in PART "B" of
Form GJ-39, make yourself curious and write your question to ask once the interrogator or foreman isdone in asking the Part "B" Interrogatories or questions. You need to prepare your questions for Part
"C" session on Form GJ-39. Always keep in mind the "Why", “What”, When, "Where," "Who" And the"How," Write the 5 W’s and 1 H and memorize them from left to right and right to left. Then you will
sound like a lawyer.
4. If there are some conflicting statements the witness said, ask why. Example as to the date,time, and place, or as to who did or did not do an act.
5. Ask questions to find out if the offender may have "good" reason to commit the crime.
6. When you reach Part "C" of Form GJ-39, what makes it easy to ask question is that you are
not interrupted by objections from a defense attorney because no attorney is allowed to appear with the
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witness in your investigating room. If the witness is giving a long story, let him talk, and talk, and talk,and make sure what he is saying is being tape recorded.
7. The more the witness talks, the more chances you have to pause questions on him for
clarification or cross examination.
8. Make your session conversational with the witness and make him feel at home so that he willvolunteer to give more information. Watch out if he is "making a story" that may be false. Now, relax,
don't get mad if he is trying to fool you with his fake story to protect the suspect, then you end up"shooting" 2 birds with "one" bullet. Pretend that you believe what he is saying and ask more questions
where he make more lies to you.
9. Ask the witness if there are more witnesses like him and then subpoena those witnesses whoare, or may be, also liars. Then you end up indicting not only 2 offenders but 3 or more of them and
clean up your community against grafters and liars. Is that not beautiful? Enjoy. Have fun! Make yourday!
10. You file indictments for perjury and for obstruction of justice against that witness, and others,
just like what the American people did to a certain U.S. President who was forced to resign on his ownconscience relating to an anomaly known as the Watergate Scandal. After his perjured
witnesses/accomplices were charged with obstruction of justice and got all convicted in court, the saidU.S. President found himself very lonely and had no choice but resigned from office. Who knows, you
will find one with that situation in your district? If you are thinking of somebody now, hold on.Concentrate with your present case yet and then salivate with professionalism and work on the new case
you have in mind promptly.
11. As part of your preparation to interrogate the witness, read Grand Jury Standard Investigation(GJSI) No. (57) because that is where you will find other witnesses outside your territorial jurisdiction.
Make sure that you obtain from the witness all the information that you need to make a wise decision inthe present case.
First Prepare your investigation room settings and be ready to meet your witness:
(a) The witness desk shall be located at the center stage facing the grand jurymembers;
(b) The foreman's desk shall be located on the left side of the witness desk diagonally
facing halfway towards the witness about 2 feet apart from each other's desk.
(c) The secretary's desk shall be located on the right side of the witness deskdiagonally facing halfway towards the witness about 2 feet apart from each other's
desk.
(d) The platform on which the foreman's desk stands should be elevated about 10inches from the floor and the desks of the witness and the secretary shall be
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elevated in the same level of about 5 inches from the floor.
(e) The desks of the members shall be arranged in five columns with 4 members onthe first 4 columns and 5 members on the fifth column facing diagonally towards
the witness desk with the front rows at a distance of about 5 feet from the desk ofwitness.
Second: Make two (2) clean copies of Form GJ-39 (Part B). This is the Basic Interrogatory tothe Witness. Also 2 clean copies of attachments as Exhibits.
[_]- Foreman to give one copy set to the witness,
[_]- Foreman to keep the other copy set for himself.
Third : Make one (1) clean copy of Form GJ-42. This is the Witness Confidential Info Sheet. Any SIDN entered in this form must
first be registered in, and obtain from, Form GJ-32.
[_]- Foreman to keep Form GJ-42 at his desk to be filled in by witness after each some questions in
the course of the interrogation session with witness.
Fourth : As soon as the witness comes in, the Secretary will politely usher the witness to the witness desk. No private conversation
at this stage with the witness should be entertained.
Fifth : All members will be seated behind their desks. In the mean time, the foreman stands behind at the back end row in either side of the
column of the members with their SIDNs laid on their desks.
Sixth : The Secretary will now announce:
"This Grand Jury will now open for session. Our foreman, as you see, is identified by his SIDN _______. The SIDN will be explained to our
witness what that means.
Seventh: The foreman shall now take over to preside the session and addresses the witness as follows:
- End of Part “A” of FORM GJ-39 -
138
(Important: Part "B" must be separated from Part "A")
Form GJ-39 (Part "B")- (Foreman must memorize this part).
BASIC INTERROGATORY BY THE GRAND JURY TO THE WITNESS.Attached to this Form is/are: Exhibit/s [_]-"A" [_]-"B" [_]-"C" [_]-"D" [_]-"E"
Mark Exhibit “A” for first witness; Exhibit “B” for second witness; Exhibit “C”, etc.
"Mr. (or Ms) Witness:
"We welcome you to this Grand Jury.
"The Jury System has been instituted by the National Jury Law and being implemented by theSupreme Court pursuant to its authority in Article VIII, Section 5(5) of the Constitution to speed up our
justice system and make it more effective. There are two juries in our Jury System. The Grand Jury andthe Trial Jury. We are the members of the Grand Jury and we are not a trial jury. We have nothing to
do with the function of the Trial Jury.
The function of the Grand Jury is to secretly investigate crimes under the direct authority of thepeople pursuant to their sovereign power in justice by virtue of their sovereign authority under Article II,
Section 1, of the Constitution. It derives its power directly from the people’ The grand jury hasindependent deciding power apart and above the power of the government to file criminal accusations
in court, called the "indictment", against suspected crime offenders, or it may refuse to file an indictmentcalled the "Memorandum of Non-Indictment" under certain conditions. The government or any high
government official has no authority to change the decision of the grand jury to make an accusation incourt.
"To the contrary, under the National Jury Law, no person can be tried for the commission of an
alleged crime unless the accusation against him shall have been reinvestigated or reviewed by the grandjury and finally approved by means of an indictment by a grand jury.
"The Grand Jury is not a court of law and it is not a trial court. Although it is not a court, the grand
jury as well as its individual members are authorized to administer and accept oath in performing thefunctions in the grand jury. What this means is that before a witness gives his or her testimony in this
grand jury, we are required by the Grand Jury Rules to ask the witness to be sworn in. (Mr. Foremanshall now stand and continue to speak).
"At this point, I request you to swear before this Grand Jury. We will, thereafter, continue with
other instructions and questions that we wish to ask you. (Foreman with raised right hand will requirethe witness to raise his hand and ask the witness):
"DO YOU SWEAR BEFORE THIS GRAND JURY THAT ALL THAT YOU SAY AND WRITE INANSWER TO ITS INTERROGATORIES OR THE QUESTIONS BY ITS MEMBERS SHALL BE THE
TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?"
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Witness should respond: "I DO".
"Take your seat, please. You may speak or write in Tagalog or in your dialect. If you want aquestion translated in Tagalog or in your dialect, please let us know and we will do so.
"This Grand Jury is investigating a crime as follows: (foreman must fill in the following blanks prior
to the day the witness comes in to testify.)
(Generic name of the crime) _________________________ (Examples: Bribery; Murder;Homicide; Election Fraud or Violence; Money laundering; Rape; Robbery; Thief; Arson; Illegal gambling;
Extortion; Malversation of public funds or property; Illegal possession of firearms or explosives; Drugtrafficking; Abduction, Illegal detention; Illegal search of private property; Etc. - You must use, however,
the exact legal name of the crime as defined by law when you file your indictment in court).
"So far, we have already gathered some information about this matter. But this grand jury stillneeds testimony of secret witnesses to support its accusation or indictment in court against the crime
suspect. We have been reliably informed that you are a witness in some way who have knowledge howthis crime happened. It is for this reason why you were issued a grand jury subpoena to testify on
whatever information or any evidence you may have. (Foreman with help of his assigned grand memberto this case must fill in these blanks):__________________________________________________
___________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________
"Here is an official form, Form GJ-42. We ask you to please write in your name, address, and other
blanks that pertains to you personally. I will help you fill in later the other blanks in this form for othernames of persons you may mention in the course of our proceedings. From the information in this form
that you will give us, we will register your name in our Form GJ-32 and from said record we will issue toyou your Security Identification Number, known as your "SIDN." The purpose of the SIDN is to prevent
anyone from knowing that you have testified in this Grand Jury. Your SIDN is the name you will writein all other documents that comes up during our session. This document, Form GJ-42, is strictly
confidential. This grand jury has no authority to give it out to anybody or to any government office asordained by the grand jury secrecy rules. If called in as a witness, your name in this form cannot be
disclosed earlier and at no other time than at the time you are actually sworn in as a witness to start yourtestimony in a trial before a jury of 12 citizens, in the event that a criminal case is filed in court about the
case that this grand jury is investigating. (Before continuing, have the witness accomplish Form GJ-42completely up to the signature blank in it)
Here is another form. It is an Interrogatory form, which as you see, is titled as Form GJ-39 (Part
"B"), described as "BASIC INTERROGATORY BY THE GRAND JURY TO THE WITNESS" and attachedto it is a form designated as "Exhibit - ____" (To be marked for this witness, such as Exhibit 1, and then
Exhibit 2, for the second witness who will testify also later in this case).
"As we go about answering your Interrogatory form, other members will be preparing theirquestions they may wish to ask you for clarification after you have accomplished this Part "B" of Form
GJ-39.
140
"When it comes to a point where you need to write the name of a person in this form, please letme know before writing his name and I will provide the SIDN for that name which you shall write in this
Interrogatory Form.
"After we are done with Part "B", we, the members of this grand jury, will be asking you in anopen oral question and answer session. This session will be tape recorded by our Recording Secretary.
The tape record in this session shall likewise be kept strictly confidential for hearing exclusively by ourmembers to help us make the decision of the Grand Jury investigation in this case. It is a sort of review
of your answers to the Interrogatories as well as to find out more information from you about the matterwe are investigating. If you wish a question translated or explain to you in the language or dialect that
you speak, please let me know. Let us begin.
Interrogatory No. 1 . Date today: _________________ <- (witness to fill in this blank)
[_]- Write here your SIDN#-__________, the number I just gave you.
Interrogatory No. 2. Currently you are in the Investigating Room of the Grand Jury of the
_______ Jury (Legislative) District of _______________________ <- [ask the foreman of the name to
fill in these two (2) blanks]. A Jury District is coterminous with the Legislative District.
Interrogatory No. 3. By instruction of the Jury System Rules, the members of this Grand Jury,
will demand that the information you give in the following questions or blanks must be the truth, the whole
truth, and nothing but the truth. Just a moment ago, please recall that you raised your right hand whereinyou have sworn in to do so. Do you recall that? Answer: [_]-Yes [_[-No.
(If witness answers "No", request the witness to be sworn in anew before proceeding. If he refuses to
swear in again, do not force him/her to do so. If he/she says "I don't want to testify" or "I do not want anypart of this investigation" do not restrain him and let him leave the Grand Jury Room. Thereafter, you
may simply charge or indict him/her in court for the crime of "Obstruction of Justice" for violation ofPresidential Decree 1829 and to stand trial before a trial jury in court for that crime.)
Interrogatory No. 4. We would like to let you know the meaning of two very important legal
words before we proceed: The word “perjury” and the other is “Obstruction of Justice”.
Interrogatory No. 5. The word “perjury” is the name of the crime for making or stating untruthful
statements after a person swears that he will tell the truth the whole truth and nothing but the truth. This
crime is punishable by imprisonment in jail. Do you understand that? Answer: (_)-Yes (_)-No.
Interrogatory No. 6. The words “Obstruction of Justice” is the name of the crime for refusing
to testify or for lying with the intention of misleading, or delaying, or stopping, or preventing, or to confuse
this grand jury in order to fall into making a wrong decision about a criminal matter that it is investigating.Obstruction of justice is punishable by imprisonment in jail from 3 t 5 years.
Do you understand that? Answer: (_)-Yes (_)-No.
Interrogatory No. 7. “Obstruction of justice” also includes the act of testifying to cover-up of the
criminal acts of the offender. It is the act of willfully interfering with the process of justice and law by
influencing, threatening, harming, or impeding a witness, potential witness, or by furnishing falseinformation or otherwise impeding an investigation or legal process.
141
Do you understand that? Answer: (_)-Yes (_)-No. .
Interrogatory No. 8. We, the members of this Grand Jury, are clearly making you aware that
if you give any false or misleading or untruthful answer to the following questions or blank lines callingfor an information, we will hold you liable for perjury or for obstruction of justice before this Grand Jury.
If you tell a lie to us, this Grand Jury will file an indictment or an accusation in court against you forperjury or for obstruction of justice. If you think you may be confessing a crime you have committed and
may be criminally charged for such crime, you must write the answer "I WANT TO REMAIN SILENT ONTHIS QUESTION" and do not make any other answer to that question.
Do you understand this instruction? Answer: (_)-Yes (_)-No.
Interrogatory No. 9. We would like to ask you to avoid writing names of any person that come
to your mind in stating your answers to this interrogatories. Just like you, we have not written your nameanywhere in this questionnaire but we have given you a Security Identification Number or SIDN to protect
your identity. This Grand Jury will likewise protect the identity of the persons you will refer to us in thecourse of this questioning including any suspected crime offender. The reason for using SIDNs is to
keep our investigation strictly confidential without being known by the public as required by the Rules ofthe Grand Jury System.
Do you understand this instruction? Answer: (_)-Yes (_)-No.
Interrogatory No. 10. When you want to give us a name in connection with this investigation,
write his name in my Form GJ-42 which I will provide to you. I will then list the name in our Form GJ-32and then we will designate an SIDN for that name. Only then shall we ask more questions about the
person whose name matches with the SIDN we have issued. Do you understand this instruction? Answer: (_)-Yes (_)-No.
Interrogatory No. 11. We would like to let you know that we will be sending a subpoena to
another witness who may have known you. The purpose is to corroborate, confirm or deny theinformation you will be giving us in this investigation. It is therefore important that your testimony and
his or her testimony must substantially agree with your answers in this investigation when we askquestions such as: Do you know each other? Have you been working together or not in the same office
or company? Have you been close friends? Has he or she has or has not helped you in finding a job?Have you been doing business together in some manner? Have you talk to each other either over the
phone or face to face? Have you been childhood friends? Where and when did you know each otherfor the first time? Have you been enemies to each other? Have you given him or her a gift at one time
or another? Do you live in the same neighborhood within a distance of about one (1) kilometer from eachother? Have you given a bribe to this person? and other things that reveal close association or knowing
with each other or enmity with each other? To avoid being charged for perjury or for obstruction ofjustice, you must therefore be totally truthful with your answers.
Do you understand what this instruction means? Answer: (_)-Yes (_)-No.
Interrogatory No. 12. Many questions we will be asking you are simple questions that need
simple answer such as a "Yes" or "No". Example: "Do you know anything about a person whose name
is "Name" and works for "Employer X" and you answer "No" when in fact you were working together inthe same department or you were in fact appointed to your job in said organization where the other
person works closely with you? We, therefore, caution you to be careful in giving your "simple" answerin such situations otherwise you could easily commit the crime of perjury or obstruction of justice. Do
you understand this instruction? Answer: (_)-Yes (_)-No.
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Interrogatory No. 13. Here is a name of a person I will show you. By any chance, did you
happen to hear or know anything about this person sometime before? Answer: (_)-Yes (_)-No.
(If answer is "Yes", foreman should list the name of this person in Form GJ-42 and further registersaid name in Form GJ-32 to generate his SIDN for entry in the attachment to Form GJ-39, Part "B".
(If the answer is "No", the foreman should announce to the members of the Grand Jury the name
of the person being asked about and inform them that "this witness does not know anything about saidperson." The foreman will then allow members of the grand jury to profound the question again to the
witness during the session for Part "C" of Form GJ-39).
Interrogatory No. 14. We want to make you understand why a grand jury investigation is held
strictly in secret and the reasons are as follows:
(a) To prevent the crime suspect of running away from justice; (b) To protect the constitutional
innocence of the crime suspect from trial by publicity; (c) To prevent the suspect or victim or theirrespective sympathizers from tampering any evidence or of threatening, harassing or harming potential
witnesses; (d) To protect both the victim and crime suspect from harming each other or by theirfollowers. (e) To protect the members of the grand jury from threats or harassments or harm by heavily
armed or highly influential or publicly powerful suspects of crimes and by their crime sympathizers andaccomplices; (f) To prevent potential trial jurors from prejudging the guilt or innocence of the crime
suspect once they are called in to serve as jurors; (g) To protect judges and government prosecutorsand private investigators from illegal or unethical interference, threats, harassments, or physical harm
from highly armed or powerful or wealthy elements of society; and (h) To encourage potential crimeinformers and whistle blowers to secretly report to the grand jury any criminal wrong doings in their
workplace, neighborhood, organizations, and among circle of friends. Do you understand thisInstruction? Answer: (_)-Yes (_)-No. If your answer is "No" please tell me and I will explain this
Interrogatory to you again.
Interrogatory No. 15. Here is a form I will attach and marked as "Exhibit ___" to Form GJ-39
(Part "B"). You are likewise required to accomplish this form. Do you understand this instruction?
Answer: (_)-Yes (_)-No.
143
Form GJ-39 - Part "B", Exhibit Attachment (Next Pag e)
Instruction in marking Exhibits:
1. If an exhibit has several components and closely related to the same exhibit, example: Page1 and has page 2, marked the first page as “Exhibit 1-A”, the second page as “Exhibit 1-B, and so forth;
2. If the next exhibit is another series of exhibits and closely related with each other, example:
Exhibit 2, mark the first as “Exhibit 2-A”, followed by “Exhibit 2-B”, and so on;
3. If the exhibit is an object or thing and it has a detached part but closely related to it, follow thesame pattern as instructed in Number 1 and 2 above.
4. Generally, be creative in marking your exhibits.
(Continue on the next page)
144
Form GJ-39 - Part "B", Exhibit Attachment
(Note: Coordinate this form with GJ-Form 31 and GJ- Form 41)
After accomplishment, attach this Sheet to Form GJ-39, Part "B", as EXHIBIT "___"
“THE GRAND JURY Of the _______ Jury (Legislative) District of:
_____________________________________
(To be filled in by the witness in his/her own handwriting - Do not type)Witness to mark the appropriate boxes in the form. Read carefully
and understand before writing the answer to each question.
Date Today _________________ GRAND JURY CASE NO. _______________
I, identified herein with my SIDN as #___________, _____ years old, under penalty of Perjury
and/or Obstruction of Justice, and on my oath before this Grand Jury, truthfully state, that:
1. [_]- I was summoned to testify before this Grand Jury today.
2. [_]- I was informed that the Grand Jury will ask me for information about a crimewhich the foreman has described to me as a case of __________________.
Read carefully the two (2) NOTES BELOW:
[NOTE: If you are testifying to a crime of bribery against a public official, you will be given full exemption
or immunity per Presidential Decree 749 from criminal prosecution if you promise to testify at the trial ofthis case as a prosecution witness against the public official who accepted the bribe from you. If you
refuse to testify, you will be prosecuted instead for Obstruction of Justice for violation of PresidentialDecree 1829.]
[NOTE: The laws on bribery are found in Articles 210, 211, and 212 of the Revised Penal Code of the
Philippines. You will not be prosecuted for bribery under Article 212 of the RPCP because you will beprotected by Presidential Decree 749. Other laws on bribery are found in Republic Act 3019, the
Anti-Graft and Corrupt Practices Act; Section 345 of the Internal Revenue Code, and Section of 3604of the Tariff & Custom Codes.
3. [_]- Are you a giver or offeror in a crime of bribery? Answer: [_]-Yes [_]-No
4. [_]- If your answer is "Yes", continue on Box No. 5, the next box below. If your
answer is "No", go directly to Box No. 15 farther below or in the next page.
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5. [_]- I accept the protection and exemption from criminal prosecution granted under
Presidential Decree 749 of any crime relating to the subject crime of bribery in thismatter. I promise to testify as a prosecution witness in the trial against the public official
whom I have given a bribe. I understand that if I refuse to testify for the prosecution, Ican be prosecuted for Obstruction of Justice .
6. [_]- If you are a giver or offeror in the above stated crime of bribery, state the information
called for in the following blanks:
Name of subject official (Do not write name) Write SIDN-_______ (ask foreman)Name of his position or Title ________________________________________________
Name of his office or bureau ________________________________________________Address of his office _______________________________________________________
_____________________________________________________
Did somebody help you in bringing your bribe to the public official?Answer: [_]-Yes [_]-No. If "yes" name of your helper?
((Do not write name) Write SIDN#______ (ask foreman)
7. [_]- I bribed this official:
[_]- Because he does not act on my transaction with his office if I offer him no bribe.
[_]- Because of his official position to make my transactions easier to get through with hisoffice. If I give no money, I get no "honey."
Form of bribe: (1) If money was given, [_]-Amount-______________ Approximately.
[_]-Currency: [_]- Pesos [_]-Dollars [_]-Other-_______________
[_]-Cash [_]-Check & Name of Bank - _______________________
[_]-Bank branch at: _______________________________________
[_]-Date/time of transaction ____________________ approximately.
[_]-City where bribery transaction took place-___________________
[_]-Name of witness to this transaction- Issue SIDN_____________
(2) If property was given: Describe here ______________________ ____________________ [_]-Value- _______________ in [_]-Pesos
[_]-Dollars - If real property, [_]-address - ___________________________________________________________________________
[_]-Titled owner before the real property was given- SIDN________
[_]-If personal property, describe here - ______________________
Registration #________________ Name of government office whereproperty was registered _____________________________
(3) Besides the above transaction, has there been any other money
or property you have given to the same official? [_]-Yes [_]-NoIf "yes" prepare records of said transaction(s) similar to the
146
information called for above. (As many as you can remember).
(4) Besides the above referenced public official, have you given a
bribe to another public official? Answer: [_]-Yes [_]-NoIf "Yes", give us his name (Do not write) Write SIDN#________
(Ask the foreman).
8. [_]- Are you engaged in any form of business? Answer: [_]-Yes [_]-No.
[_]- If "yes", name of your business- (Don't write name) (Issue SIDN-_________)
[_]- Your position or title in the business- [_]-Owner [_]-President [_]-Manager[_]- Kind of [_]-Product [_]-Service you sell or offer. Give general description
only- _______________________________________________. Do not specify[_]- City or Municipality where you operate your business- __________________
(Don't write exact address, name of city or municipality only).
[_]- If "No", where did you get the money to bribe this government official? Answer: _____________________________________________________________
____________________________________________________________________
[_]- Was there an important reason for bribing this official?Answer: [_]-Yes. [_]-No. Either way you must prepare your answer at the trial in
court. State here the reason for your answer _______________________________________________________
_______________________________________________________ _______________________________________________________
_______________________________________________________
9. [_]- Do you know of other person/s who may have given a bribe to the same publicofficial whom we identified earlier with SIDN ________ in Question No. 7?
Answer: [_]-Yes [_]-No.
10. [_]- If your answer is "Yes" to the preceding question, the name of said person? (Do not write name) Write SIDN#______ (ask foreman)
11. [_]- Any other person you know who have given a bribe to said official?
Answer: [_]-Yes [_]-No.
12. [_]- If your answer is "Yes" to the preceding question, the name of said person? (Do not write name) Write SIDN#______ (ask foreman)
13. [_]- Any other person you know who have given a bribe to said official?
Answer: [_]-Yes [_]-No.
14. [_]- If your answer is "Yes" to the preceding question, the name of said person? (Do not write name) Write SIDN#______ (ask foreman)
- ### -
147
15. [_]- Have you been induced or encouraged by another with his promise to reward you withsomething to testify in this case? If your answer to this question is "Yes", mark this box
- > [_]-and give us the name of the person: (Don't write here the name) Write hisSIDN#-________ (ask the foreman). If your answer is "No", mark this box [_] and, if so,
do you still consider yourself a witness in this case? Answer: [_]-Yes. [_]-No.
16. [_]- Do you know if there is any lawyer or attorney who has proposed, or asked, facilitated,has received a part of the money you gave to the subject of this investigation?
17. [_]- If your answer is “Yes”, mark this box [_]-and give us the name of the person: (Don’t write
here the name) Write his SIDN#- __________ (ask the foreman). If your answer is "No",mark this box [_] and, if so, do you still consider yourself a witness in this case? Answer:
[_]-Yes. [_]-No.
18. [_]- If your answer to No. 16 is “Yes”, how did you know him? (Please explain in the followingblank lines: ________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________
__________________________________________________________________________________
19. [_]- If your last answer in Box 15 is "No", tell us what other matters you wish to volunteer to say about this case. Explain fully your answer: ___________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
[_]- If your last answer in Box 15 is "Yes" in what way would you consider yourself a witness?
20. [_]- Answer: Because (mark any or all that apply to you our observation):
[_]- I am the victim in this crime. Explain: __________________________________
_____________________________________________________________.
[_]- I saw what happened. Explain: ___________________________________ ____________________________________________________________.
____________________________________________________________. ____________________________________________________________.
____________________________________________________________.
[_]- I am a dependent of the victim. Explain how are you related to the victim: ____________________________________________________________.
____________________________________________________________. ____________________________________________________________.
____________________________________________________________.
21. [_]- Do you know the offender of this crime? Answer: [_]-Yes [_]-No.If your answer to this question is "Yes", when did you first know such person?
148
Answer: [_]-Since ______________ or [_]-About _____ [_]-days [_]-weeks
[_]-months [_]-years - ago. [_]-At or after the crime.
22. [_]- How did you come to know him\ or her for the first time?Answer (explain in full) _____________________________________________________
______________________________________________________________________________________________________________________________________________
_______________________________________________________________________
23. [_]- Have you seen the offender before the crime happened? Answer: [_]-Yes [_]-NoIf "Yes", how many times have you seen the offender?
Answer: [_]- Around ____ times. [_]-Many times. [_]-Every day [_]-Almost every day [_]-Every week [_]-Almost every week
[_]-Every month [_]-Almost every month [_]-Every year [_]-Almost every year [_]-until ________________ ago.
What was your purpose of seeing the offender? Answer (explain in full) ______________
______________________________________________________________________________________________________________________________________________
_______________________________________________________________________
[_]- If this question is not applicable. [_]- Why? Because: ______________________________________________________________________________________________
______________________________________________________________________________________________________________________________________________
24. [_]- His/Her name? Answer (Do not write name) Write SIDN______(ask foreman)
25. [_]- Before the subject crime happened, have you spoken with the offender?Answer: [_]-Yes [_]- No. If your answer is "yes" what was the topic of
your conversation? Answer (explain in full) ________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________________________
_______________________________________________________________________
26. [_]- The date this crime happened? Answer: _______________________________
27. [_]- The approximate time it happened? Answer: _________________________
28. [_]- Did this crime happen inside a building or house? Answer: [_]-Yes [_]-No
29. [_]- If your answer to the preceding question in Box 28 is "Yes", were you likewise inside the building or the house?
Answer: [_]-Yes [_]-No.
30. [_]- If your answer to the preceding question in Box 29 is "Yes", describe the visibility or lighting condition inside from your point of view whether:
149
[_]- bright [_]-dim [_]-dark. Explain your answer in full- ____________________ _________________________________________________________________________
_________________________________________________________________________ _________________________________________________________________________
_________________________________________________________________________ _________________________________________________________________________
_________________________________________________________________________
31. [_]- If your answer to the question in Box 28 is "No", explain in what location did this crime happened? Answer in full: ___________________________________
_________________________________________________________________________ _________________________________________________________________________
_________________________________________________________________________ _________________________________________________________________________
_________________________________________________________________________
32. [_]- Write the: [_]-Street address- ___________________________________________
[_]- Barrio/Municipality/City/_________________________________________________
[_]- Do you know of anybody else who may have witnessed this incident? Answer: [_]- Yes [_]- No.
If your answer is “yes”, his or her name? Write SIDN#__________ (ask foreman) How did you come to know this person? _______________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
33. [_]- Fully describe how the offender committed this crime? Answer: _________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
34. [_]- If your answer to Box 21 is "No", is there any other witness
you know who actually knows the offender of this crime?
Answer: [_]-Yes [_]-No.
35. [_]- If you know, where was this witness situated at the commission of the crime?
Answer: [_]-He [_]-She was at ______________________________________________
150
_________________________________________________________________________
What was the witness doing? Answer fully ______________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
36. [_]- After the crime was committed have you ever talked with such witness?
Answer: [_]-Yes [_]-No.
37. [_]- If your answer in the preceding question in Box 37 is "yes", how long after
the commission of the crime have you talked with said witness?
Answer: [_]-___ minutes [_]-___ hours [_]-___ days
[_]-___ weeks [_]-___ months [_]-years - after the crime happened.
38. [_]- If your answer to the question in Box 37 is "no", why not?
Answer: Because ______________________________________________________
39. [_]- If your response to the question in Box 34 is "yes", what is the name of the witness?
(Don't write name) Write SIDN#_________ (ask foreman)
Address of this witness ________________________________________________
___________________________________________________________________
____________________________________________________________________
______________________________________ Telephone-____________________
40. [_]- Besides the person identified as SIDN ______, do you know of another person who
actually know the offender of this crime? Answer: [_]-Yes [_]-No. , If you answer
"yes", the name of such person: (Do not write the name) Write ISDN ________ (ask
foreman).
41. [_]- Lastly. Is there anything in this grand jury investigating room that you have seen or
heard any deceptive, forceful, or intimidatory tactic or environment or statement from any
member of this Grand Jury that had forced you to testify falsely?
Answer: [_]-No [_]-Yes. If your answer is “Yes”, please explain here: __________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
151
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Sign in here your SIDN _______ and write date today -_______________
(If applicable, see Supplemental “Page 21 and 22”, Anatomy of the Human Body)
- End of this Exhibit -
_______________________________
_______________________________
_______________________________
_______________________________
_______________________________
_______________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
153
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Interrogatory No. 16. Mr./Ms. Witness, before we proceed to the Part "C" of this session, is there any
answer you have given above or in the attached Exhibit “____” that you would want to change?
Answer: [_]-Yes [_]-No.
Interrogatory No. 17. If preceding answer is "Yes" - Please cite the Question Number and write
your correction:
Question No. ____ - Corrected Answer: ________________________________________
_________________________________________________________________________
Reason for the change: ______________________________________________________
Question No. ____ - Corrected Answer: ________________________________________
_________________________________________________________________________
Reason for the change: ______________________________________________________
Question No. ____ - Corrected Answer: ________________________________________
_________________________________________________________________________
Reason for the change: ______________________________________________________
Question No. ____ - Corrected Answer: ________________________________________
_________________________________________________________________________
Reason for the change: ______________________________________________________
Question No. ____ - Corrected Answer: ________________________________________
_________________________________________________________________________
Reason for the change: ______________________________________________________
(Use additional sheet of paper, if necessary. Mark it with above Exhibit #, and “Page 2")
Interrogatory No. 18. If last answer in Interrogatory 17 is “No”, let us now proceed to Part "C"
of Form GJ-39. We wish to remind you that this part is included in your oath to tell the truth in thisinvestigation. You are now free to mention any name that comes to your mind in answering the
questions at this stage.
REMINDER to Mr. Foreman: The attachment EXHIBIT must be completed before proceeding to the
oral questions and answer session.
- End of Part “B” of FORM GJ-39 -
154
PART “C” OF FORM GJ-39 - ORAL QUESTIONS & ANSWERS WIT H THE WITNESS
Form GJ-39 (Part "C")- Confidential Oral Questions and Answers Session
With the Witness who wrote his/her SIDN as follows:
Witness (Witness to write in his/her SIDN here) -> SIDN ___________
INSTRUCTION:
1. This part (C) shall be conducted after Part "B" is completed. Part C is to record
electronically with a tape recorder the oral questi ons by any grand jury member and the
corresponding oral answers by the witness.
2. The session in this part shall be TAPE RECORDED by the Recording Secretary. The tape
record label shall be marked with the SIDN of the witness. Tape shall be replayed prior to the secret
voting of the grand jury members to make the decision of the grand jury to indict, or not to indict the
suspect. This tape shall be strictly confidential - not subject to disclosure for any reason to any person,
attorney, court, government or non-government, other than to the grand jury officers and members.
3. Every officer and member of the grand jury shall use this part to ask question to the witness
to seek clarification on any statement by witness that such member did not clearly understand as well
as other questions that may arise in the oral question and answer session.
4. The foreman will now proceed by addressing the members:
"Any member of this Grand Jury may now ask his or her question to the witness. He or she may
mention actual name of person or persons relevant to his or question. The witness is likewise free to
mention names as he/she remembers."
(The members must be courteous in speaking with the witness. Avoid insulting remarks.)
A juror will then address the foreman: "Mr. Foreman, I am Juror Number ______. The
question I wish to ask of the witness is this: Mr. or Ms. Witness (State the question)
Another member may follow to ask his question in the same manner.
The foreman must be alert to prevent a question to be asked that has already been asked and
answered by the witness previously unless the question is a call for clarification of the previous answer.
5. After all questions, including the questions in the attached Exhibit, have been taken and
155
answered, the foreman will conclude and make a statement as follows:
"The session with our witness is now completed. I would like to thank Mr./Ms. Witness SIDN
_____ (smile for SIDN name) for your cooperation. You have done a great service to our community.
We wish you a pleasant day/afternoon/evening or week-end" (and have a parting hand shake with the
witness)
IMPORTANT: You must politely decline to give answe rs to the questions from the witness
and you must not carry on a private conversation wi th the witness after closing your session.
If he still wants to speak inform him that you are taking his additional information under his oath
and the information must also be tape recorded. Record your remark that this information is
in addition to the recorded information already given by the witness earlier.
156
Form GJ-40, Grand Jury Hold Departure Order Notice.
THE GRAND JURY Of the _______ Jury (Legislative) District of
_____________________________________(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Highly ConfidentialForm GJ-40 - GRAND JURY HOLD DEPARTURE ORDER NOTICE
The Secretary of Foreign AffairsAnd Branch Service Officers of His Department
The Director of the Bureau of Immigration and His DeputiesAll Around the Philippines
2330 Roxas Boulevard, Pasay City
GREETINGS:
Pursuant to the Statutory Grand Jury Instruction No. (190) to this Grand Jury, and by this Notice, thisGrand Jury commands you to hold the departure from any point in the Philippines of the person namedor identified below and to suspend [_]-his [_]-her passport if any has been issued as of today regardlessof any official or business mission for abroad from an order issued by any government authority untilsuch person is cleared of his criminal responsibility to the people or until such person may no longer berequired to testify before this Grand Jury:
Name of Person - ________________________________________________
Public Position, if any - ________________________________________________
Name of Office - ________________________________________________
Other social standing - ________________________________________________
By this Notice, this Grand Jury hereby places the responsibility upon you: 1. To prevent violationof Presidential Decree 1829, and/or the National Jury Law, the laws against commission of the crimesof Obstruction of Justice and 2. You are hereby bound by the Grand Jury secrecy rules and policies andyou must refrain from announcing privately or publicly the pending investigation by the grand jury of thesubject person in this Notice .
The subject person is under grand jury secret investigation for, or being sought as a witness on,a certain crime defined as a serious offense known as (write name of crime here) ______________________________ and. The matter in this case has been docketed in this Grand Jury as:
GRAND JURY INVESTIGATION No. ___________ (Confidential. Publication not authorized)
This Notice has been issued this ________ day of _________________, year _________,
BY:
THE GRAND JURY, Personally signed with the SIDN#________of its Foreman by authority of Article III, Sec. 7(b) of the National Jury Law.
157
Direction for the service of this HOLD DEPARTURE ORDER NOTICE The Grand Jury to The Clerk of Court of the Regional/Municipal Trial Court of ___________________, GREETING:You are hereby commanded to designate the server of, and return, the within Notice according to law. Dated at_________________________, this ____ day of ________________, _______ in the year of our Lord, BY:
THE GRAND JURY, Personally signed with the SIDN#________of its Secretary by authority of Article III, Sec. 7(b) of the National Jury Law.
PROOF OF SERVICE AND DELIVERY OF THIS HOLD DEPARTUR E ORDER NOTICE(After being signed by server, the Original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Notice by personally delivering a copy thereof to the person named below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served - __________________________________________
(b) Gov’t Title or Position - __________________________________________
(c) Name of Office - __________________________________________
(b) Address where served - __________________________________________
__________________________________________
(c) Date/Time of Delivery - _____________, 20___ ______ __.M
2. [_]- Non-Service Return of this Notice. (fill in and sign if server is unable to serve): After due search, carefulinquiry, and diligent attempts at the dwelling or usual place of abode or usual place of business or work,I have been unable to make personal delivery of this HOLD DEPARTURE ORDER NOTICE in thisDistrict on the person named therein for the following reasons:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
3. Information about the Server or Person serving:
Full Name - ________________________________ (Must sign below)
Occupation - [_]- Professional Process Server [_]-__________________________________
Organization - _______________________________________________________________
Address - _______________________________________________________________
Telephone Number _________________________ Fax Number _________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is trueand correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall be liablefor indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________ (Date Signed) (Signature)
- End of Form -
158
Form GJ-41, Summons to the Clerk of Court To Accept Filing of Indictment.
THE GRAND JURY Of the _______ Jury (Legislative) District of __________________________
Address ________________________________________________________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Highly Confidential
SUMMONS TO THE CLERK OF COURT TO ACCEPT FILING OF GRAND JURY INDICTMENT.
The Clerk of Court (Mark “X” on the bracket to which court you will file your indictment)(_)- Regional Trial Court of ____________________ (_)- Sharia Trial Court of ___________________(_)- City/Metropolitan Trial Court of ______________ (_)- Municipal Trial Court of ________________Street or Building Address _____________________________________________________________City/Municipal Address ________________________________________________________________
Dear Mr./Ms. Clerk of Court:
You are hereby directed to appear in person before this Grand Jury to accept the filing of an indictmentin court by this Body. The case reference number of the matter is Grand Jury Case No._______________. If you are a clerk of court in the court house different from where this Grand Jury islocated, please contact the clerk of court of the court house at (physical address)_________________________________________________________________________________________________________,telephone No. __________________. He shall then lead and authorize you to enter our Grand Jury Room.
Bring in your filing stamp and your Registry Book wherein this matter will be docketed with the numberof the court case. You are likewise directed to keep this matter strictly confidential as required of the strictrules of secrecy by the National Jury Law.
Fail not under liability for Obstruction of Justice by this Grand Jury.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#________________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court in the Same Street Address as this Grand Jury is Located:
GREETINGS:
Please serve this Summons to the Clerk of the Court as marked with “X” above.
Personally signed by the Secretary of this Grand Jury with his SIDN#____________. Date - ________________
By Authority of Article III, Section 7(b) of the National Jury Law.
- End of Form -
159
Form GJ-42, Witness Confidential Personal Information Sheet.
(Page 1) SIDN-__________ GRAND JURY CASE NO. _______________
“THE GRAND JURY Of the _______ Jury (Legislative) District of
_____________________________________Strictly Confidential
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)WITNESS CONFIDENTIAL PERSONAL INFORMATION SHEET
(To be filled in by the witness in [_]-his [_]-her own handwriting - Do not type)
I CERTIFY AND I ACKNOWLEDGE that I received SIDN ________ from this Grand Jury as my secret witnesscode in a grand jury investigation identified as "Grand Jury Investigation Case No. __________.
Name of Witness: _______________________________________ Nickname: _____________________________
Telephone: __________________Home address: _______________________________________________________
_______________________________________________________________________________________________
Job/Work address: ________________________________________________________________________________
________________________________________________________________________________________________
Date of Birth: ________________ Place of Birth: __________________________________ Gender: (_)-M (_)-F
List Items or documents brought in by witness - _________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
I have written below my signature herein the names I mentioned in the course of my responses to the interrogatories bythe Grand Jury and the Grand Jury correspondingly coded said names with certain SIDNs or Security IdentificationNumbers.
Date today- __________________ (Signature of Witness) _______________________________
Question # inForm GJ-38
Part B Exhibit Name Mentioned by Witness
AssignedSIDN from
Form GJ-32
Possible Linkor
Relation to this Case
[_]- Suspected offender of the crime
Address -> [_]- Helper or Accessory to the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
[_]- Suspected offender of the crime
Address -> [_]- Suspected offender of the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
[_]- Suspected offender of the crime
Address -> [_]- Suspected offender of the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
- Continue on Page 2 of this Form -
160
- Form GJ-42, Page 2 -
Question # inForm GJ-38
Part B Exhibit Name Mentioned by Witness
AssignedSIDN from
Form GJ-31
Possible Linkor
Relation to this Case
[_]- Suspected offender of the crime
Address -> [_]- Helper or Accessory to the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
[_]- Suspected offender of the crime
Address -> [_]- Helper or Accessory to the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
[_]- Suspected offender of the crime
Address -> [_]- Helper or Accessory to the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
[_]- Suspected offender of the crime
Address -> [_]- Helper or Accessory to the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
[_]- Suspected offender of the crime
Address -> [_]- Helper or Accessory to the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
[_]- Suspected offender of the crime
Address -> [_]- Helper or Accessory to the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
[_]- Suspected offender of the crime
Address -> [_]- Suspected offender of the crime
Mun/City/Prov [_]- Victim in the crime
Occupation - > [_]- Witness (Do not write in the indictment
Telephone - > as witness if not interrogated by the GJ
- End of Form -
161
Form GJ-43, Reserve. Unused.
162
Form GJ-44, Notice of Grand Jury Reorganization of its Officers.
THE GRAND JURY Of the _______ Jury (Legislative) District of
_____________________________________
Grand Jury Term from ___________________ to _____________________(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
HIGHLY CONFIDENTIAL
NOTICE OF GRAND JURY REORGANIZATION
The Honorable Executive JudgeThru the Clerk of CourtRegional Trial Court of _______________________________Municipality/City/Province ____________________________
GREETINGS:
This Grand Jury respectfully informs this Honorable Court that it has reorganized or changed its leadership who
are now in place with their respective positions as follows:
Foreman - SIDN ________
Vice Foreman - SIDN ________
Secretary - SIDN ________
Recording Secretary - SIDN ________
Members: SIDN ________ SIDN ________ SIDN ________ SIDN ________
SIDN ________ SIDN ________ SIDN ________ SIDN ________
SIDN ________ SIDN ________ SIDN ________ SIDN ________
SIDN ________ SIDN ________ SIDN ________ SIDN ________
SIDN ________ SIDN ________ SIDN ________
Attached is replacement form, Form GJ- 35 for your ready completion.
Date today _______________
Submitted by: Personally signed with the SIDN# __________ ____________ of the New Secretary for the Grand Jury
- End of Form -
163
Form GJ-45, Invitation for Participation in the Community DeputyProsecutors Pool (aka: CDP) (Form For Newspaper publication advertisement)
The Office of the [_]-City [_]-Provincial Prosecutor[_]-City [_]-Province of _________________________
Address ____________________________________________________________________________________
Date today- ____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
INVITATION FOR PARTICIPATION IN THE COMMUNITY DEPUTY PROSECUTOR’S POOL
GREETINGS:
The members of the Integrated Bar of the Philippines in good standing who have been engaged
in the private practice of law for three (3) years or more within the ______________ Jury (Legislative)
District of __________________ are hereby invited to participate in the Pool for Community Deputy
Prosecutors (aka: CDP) to act as prosecution trial lawyers in the event of shortage of regular
prosecutors under the supervision of this Office.
The assignment of cases shall be conducted on a lottery basis. The qualification and terms of
participation in the Pool are written in the official application form on Form GJ-45 as prescribed in Section
99, Article III of the National Jury Law. The application form is available in the this Office. The form shall
not be substituted with any personally devised form. This is a durable form which means that it cannot
be modified by the Applicant.
This advertisement has been posted by the ______________ Prosecutor of __________________
__________________________________________________________________________________
- End of Form -
164
Form GJ-46, Application to Participate in the CDP Pool.
___________________________________________
Attorney at Law - Bar Number _____________
Street Address ____________________________________
Zip/Mun/City/Province _______________________________________
Office Telephone __________________ Cellphone __________________ Fax ________________
Date today __________________
APPLICATION TO PARTICIPATE IN THE CDP POOL
INSTRUCTION: 1. Legible hand-printed information is sufficient to accomplish this form. No need to type; 2. Staple together
all pages of your application and fold the same inward into 3 equal parts. 3. Staple the folded application at the center of the
upper edge and personally drop it in the CDP Application Raffle Bin in the Office of the Provincial or City Prosecutor. This
application form shall be void if altered in any manner.
The [_]-City [_]-Provincial Prosecutor for the [_]-City [_]-Province of ___________________________________________
Address _________________________________________________________________________
___________________________________________________________________________________
GREETINGS:
I wish to participate in the Pool of Community Deputy Prosecutors in this Jury District and I respectfullyrequest that my application be entered in the Raffle Box Pool in your office for the pool participants.
A: I CERTIFY that:
1. I am a bonafide member of the Integrated Bar of the Philippines. My Bar Number is___________.
2. I have been engaged in the private practice of law for at least three (3) years. My actual yearsof law practice is _____ years as of the filing date of this application.
3. As of the date of the filing of my application, I certify that I have completely devoted a total ofat least 24 hours of self-study of the National Jury Law. I have read and I am thoroughly familiar bothwith the Statutory Basic Grand Jury Instruction in Section 24 and Form GJ-41 of Section 99 in Article III,and the Statutory Basic Trial Jury Instruction on Form TJ-108 in Section 2, Article X of the National JuryLaw. I have actually accomplished a “dry run” preparation in my own handwriting with the following formsby assuming the roles of those who are concerned in preparing or filling up those forms, most particularlythe following: Form TJ-103, Form TJ-109, Form TJ-109A, Forms TJ-110A-B-C-D, a derivative form fromForm TJ-110, Form TJ-111, Form TJ-112, Form TJ-113, Form TJ-114, Form TJ-135, Form TJ-136, FormTJ-137 and Form TJ-138. I further state that I am expertly cognizant of the rudiments in the impanelingof a trial jury and the preemptory challenges of jurors.
B: I PROMISE and WILFULLY AGREE that:
(1) I shall accept an assignment to prosecute before a bench court or a trial jury the type of casesI have specified in my application for CDP pool membership if notified in advance for trial at least thirty(30) calendar days before the trial commencement date. I shall have the option in writing within five (5)calendar days from receipt to decline my nomination on account of close family ties or friendship, priorconfidential social dealing, business or official transaction with the accused. In the absence of such
165
declination, I bind myself to perform my assignment as CDP. I understand that I will be liable for thecrime of obstruction of justice if I ignore or neglect to perform my duty as a CDP.
(2) I shall keep this matter strictly confidential and I shall make no contact in any manner, directlyor indirectly, with the accused under pain of disciplinary action for disbarment in violation of this rule; and
(3) I shall accept compensation on per diem basis starting with one (1) non-trial day to preparefor trial and for each day that I appear in court to prosecute a case for trial under the UnconditionalRedeemable Judicial Voucher prescribed in Form GJ-27, at the rate of pay equivalent to the hourlycompensation of the last appointed regular prosecutor of the province or city where I shall serve. I shallrefrain from collecting any additional compensation from the victim or complaining witness.
Very truly yours,
Signature ________________________ Attorney at Law
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I wish to prosecute the following type of cases:
[_]- Government Graft and Corruption;[_]- Electoral fraud and violence;[_]- Money Laundering;[_]- Murder and Homicide[_]- Human Rights Violations[_]- Others (Specify) ___________________
166
Instruction to the Provincial or City Prosecutor to assign case for Trial by a CDP - Send to CDP Participant 35 calendardays in advance before Trial Date. Pick this application from the Raffle Box, make a photocopy of the application, except the"Dry Run" attachment, and then deposit back the original in the Raffle Box. Fill in the photocopy with information called forbelow and mail it on time to the CDP Participant.
The [_]-City [_]-Provincial Prosecutor
Of the [_]-City [_]-Province of ________________________________
Address _____________________________________________________________
Date: _____________________________
Dear CDP Pool Participant:
You are one of the five (5) participants in the CDP Pool whose names were randomly drawn from the CDP Raffle Box Pool
for assignment to prosecute in the trial of the accused in the criminal case referenced below;
Type of Case: _______________ Case Number _____________ Name of Accused _____________________
______________ Trial Court of __________________ Branch __________ Telephone __________________
For further details Contact (Name) ________________________________ Telephone __________________
in the Office of the Undersigned.
If two or more of you will signify to accept an assignment to prosecute the case, a lottery shall be conducted to finally choose
one (1) CDP to whom the case on (date) ___________ at (time) ________ __.M. in the Office of the Undersigned located at
___________________________________________________ _____________. We will conduct a raffle among those who
signified and the first application picked shall be appointed, or if absent from the reraffle, the assignment shall be awarded to
the next application picked, if applicant is present.
I CERTIFY under penalty of perjury at (mun/city) _____________________ that on this date __________ _____________,
I have sent [_]-by mail to their addresses below with postage prepaid a copy of [_]-by fax this Case Assignment Notice to each
of the following participants of the CDP of this [_]-Province [_]-City.
[_]- Atty. _______________________, street address, zip/municipality/city/province.
[_]- Atty. _______________________, street address, zip/municipality/city/province.
[_]- Atty. _______________________, street address, zip/municipality/city/province.
[_]- Atty. _______________________, street address, zip/municipality/city/province.
[_]- Atty. _______________________, street address, zip/municipality/city/province.
NOTE: If "Atty. Box" is unmarked, "no notice" was sent shall be presumed for such addressee.
Signature _____________________________ [_]-Provincial [_]-City Prosecutor of __________________
Printed Name __________________________
- End of Form -
167
Form GJ-47, Registry for Assigned Cases to the CDP.
The ProsecutorCity/Province of ________________
Address _______________________ Page _______
ASSIGNED CASES TO THE CDP POOL REGISTRY(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
(Paper Size: 8-1/2 by 11" - Temporarily Keep in a 3-Ring Binder - Book bind upon reaching 2-inched thickness)
DateOf Trial
Name of Accused
Name of Crime
Case Number
NameOf Judge
Name ofCourt
TelephoneNumber
Name of CDP - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to CDP- > Result - >
Name of CDP - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to CDP- > Result - >
Name of CDP - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to CDP- > Result - >
Name of CDP - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to CDP- > Result - >
Name of CDP - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to CDP- > Result - >
- End of Form -
168
Form GJ-48AD, Invitation for Participation in the Deputy Public Defenders’ Pool (For Newspaper publication advertisement)
The Office of the [_]-City Public Attorney [_]-Provincial Public Attorney
[_]-City [_]-Province of _________________________
Address ______________________________________
______________________________________________
Date today- ____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
INVITATION FOR PARTICIPATION IN THE DEPUTY PUBLIC DEFENDERS’ POOL
GREETINGS:
The members of the Integrated Bar of the Philippines in good standing who have been engaged in the private
practice of law within the Judicial District of __________________ are hereby invited to participate in the Pool of Deputy
Public Defenders to act as defense trial lawyers for indigent accused persons or minors in the event of shortage of regular
public attorneys. The legal services of the Deputy Public Defender shall be paid equal to the minimum rate of pay of the
regular prosecutor in the locality of the district where he is engaged in the practice of law. His services shall be promptly
paid through the “Voucher-27" system, known as the “Unconditional Non-Transferrable Judicial Voucher”.
The assignment of cases shall be conducted on a lottery basis if two or more interested applicants shall submit
their application to serve in the same case and subject to acceptance and consent by the accused. The qualification and
terms of participation in the Pool are written in the official application form on Form GJ-48-AP as prescribed in Section 99,
Article III, of the National Jury Law.
The form shall not be substituted with any personally devised form.
This advertisement has been posted by the ___________________________________ Public Defense Attorney’s
Office at ____________________________________________________________________________________
- End of Form -
169
Form GJ-48AP, Application to Participate in the Deputy Public Defenders’ Pool
___________________________________________Attorney at Law - Bar Number _____________
Street Address ____________________________________Zip/Mun/City/Province _______________________________________
Office Telephone __________________ Cellphone __________________ Fax ________________
Date today __________________
APPLICATION TO PARTICIPATE IN THE DEPUTY PUBLIC DEFENDERS’ POOL
INSTRUCTION: 1. Legible hand-printed information is sufficient to accomplish this form. No need to type; 2. Attach herewithyour "dry run" accomplished Form TJ-110A-B-C-D (a derivative from Form TJ-110) and Form TJ-111. 3. After review by the PublicAttorney, staple together the entire batch and fold the same inward into 3 equal parts. Staple the folded application at the center ofthe edge and drop it in the rafflle box; and 4. This application shall be void if any of its conditions is altered in any manner.
The [_]-Provincial [_]-City [_]-PUBLIC ATTORNEY’S OFFICE[_]-City [_]-Province of ________________Address _______________________________________________________________________________________________
GREETINGS:
I wish to participate in the Pool of Defense Attorney in your office in this Jury District and I respectfully request that my applicationbe entered in the Raffle Box Pool in your office for participants in this Pool.
A: I CERTIFY that:
1. I am a bonafide member of the Integrated Bar of the Philippines. My Bar Number is ___________.
2. I have been engaged in the private practice of law for at least 3 years, actually for ____ years, as of the filing of thisapplication.
3. As of the date of the filing of my application, I certify that I have completely devoted a total of at least 24 hours ofself-study of the National Jury Law. I have read and I am thoroughly familiar both with the Statutory Grand Jury Instruction inSection 24 and Form GJ-41 of Section 99 in Article III, and the Statutory Basic Trial Jury Instruction on Form TJ-108 in Section 2,Article X of the National Jury Law. I have actually accomplished a “dry run” preparation in my own handwriting with the followingforms by assuming the roles of those who are concerned in preparing or filling up those forms, most particularly the following: FormTJ-103, Form TJ-109, Form TJ-109A, Forms TJ-110A-B-C-D (a derivative form from Form TJ-110), Form TJ-111, Form TJ-112,Form TJ-113, Form TJ-114, Form TJ-135, Form TJ-136, Form TJ-137 and Form TJ-138. I further state that I am expertly cognizantof the rudiments in the impaneling of a trial jury and the preemptory challenges of jurors.
B: I PROMISE and WILFULLY AGREE that:
(1) I shall accept an assignment to defend an accused before a bench court or a trial jury of the type of cases I have specifiedin my application for Defense Attorney’s pool membership that may come up for trial at least thirty (30) calendar days before thetrial commencement date. I shall have the option in writing within five (5) calendar days from receipt to decline my nomination onaccount of close family ties or friendship, prior confidential social dealing, business or official transaction with the complainingwitness or complainant. In the absence of such declination, I bind myself to perform my assignment as Deputy Public Defender.I understand that I will be liable for the crime of obstruction of justice if I ignore or neglect to perform my duty as a Deputy PublicDefender.
(2) I shall keep this matter strictly confidential; and (3) I shall accept compensation on per diem basis starting with one non-trial day to prepare for trial and for each day that
I appear in court as a defense attorney on a case for trial under the Unconditional Non-Transferrable Redeemable Judicial Voucherprescribed in Form GJ-27, at the rate of pay equal to the minimum rate of pay of a public prosecutor in this province or city computedon an hourly basis. I shall refrain from collecting any additional fee or compensation from the accused for defending said accused.
Very truly yours,
Signature ________________________ Attorney at Law
INSTRUCTION AND CASE ASSIGNMENT FOR TRIAL - Send toPublic Attorney’s Office not later than 35 calendar days before TrialDate. Promptly after drawing this application from the Raffle Box,make a photocopy of the application, except the "Dry Run" attachment, and then deposit back the original in the Raffle Box. Fill inthe photocopy with information called for below and mail it on time to the participant.
I wish to defend an accused in the following type ofcases:
[_]- Government Graft and Corruption;[_]- Electoral fraud and violence;[_]- Money Laundering or [_]- Plunder;[_]- Murder and Homicide or [_]- Juvenile Cases.[_]- Human Rights Violations
170
The [_]-City [_]-Provincial Public Attorney’s Office
[_]-City [_]-Province of ______________________
Address _________________________________
Date: _____________________________
Dear Defense Attorney’s Pool Participant:
You are one of the five (5) participants in the Defense Attorney’s Pool whose names were randomly drawn from the Raffle
Container Pool for assignment to defend the accused in the criminal case identified below;
Type of Case: _______________ Case Number _____________ Name of Accused _____________________
______________ Trial Court of __________________ Branch __________ Telephone __________________
For further details Contact (Name) ________________________________ Telephone __________________
in the Office of the Undersigned.
If two or more of you will signify to accept an assignment to prosecute the case, a lottery shall be conducted to finally choose the
Defense Attorney to whom the case shall be assigned at (time) ________ __.M. on (date) ___________ in the Office of this Public
Attorney. We will conduct a raffle among those who signified and the first application picked shall be appointed, or if absent from
the reraffle, the assignment shall be awarded to the next application picked, if applicant is present.
PROOF OF SERVICE
I CERTIFY under penalty of perjury at (mun/city) _____________________ that on this date __________ _____________, I have
sent [_]-by mail to their addresses below with postage prepaid a copy of [_]-by fax this proposed Case Assignment Notice to each
of the following defense attorney participants.
[_]- Atty. ________________________, Address: ______________________________________________________________
Phone # ___________________________ Fax #______________________________
[_]- Atty. ________________________, Address: ______________________________________________________________
Phone # ___________________________ Fax #______________________________
[_]- Atty. ________________________, Address: ______________________________________________________________
Phone # ___________________________ Fax #______________________________
[_]- Atty. ________________________, Address: ______________________________________________________________
Phone # ___________________________ Fax #______________________________
[_]- Atty. ________________________, Address: ______________________________________________________________
Phone # ___________________________ Fax #______________________________
Your legal services shall be paid through the “Unconditional Non-Transferrable Redeemable Judicial Voucher, known as the
“Form GJ-27.”
(NOTE: If "Atty. Box" is unmarked, "no notice" was sent shall be presumed for such addressee.)
Signature ________________________________
Printed Name ____________________________
[_]-Provincial [_]-City Prosecutor of __________________
171
Form GJ-49, Bill for Serving As: [_]-Jury Presiding Pro Temp Judge [_]- Community DeputyProsecutor [_]-Deputy Public Defender for Accused Indigent or Minor.
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
_________________________________________________(Attorney at Law)
_________________________________________________(Street/Building/Floor Address)
_________________________________________________(Zip/City/Municipal/Provincial Address)
____________________________(Date)
[_]-The Honorable [_]-Executive Regional [_]-Metropolitan [_]-City [_]Municipal [_]-Sharia Trial Judge [_]-The Honorable [_] Provincial [_]-City Fiscal [_]-Public Attorney
Court Branch/Sala/Office ________________________________________________________________
Street/Building Address _________________________________________________________________
Zip/City/Municipal/Provincial Address _______________________________________________________
GREETINGS:
I respectfully request payment for services rendered by the undersigned in acting as a[_]-Jury Presiding Pro-
Temp Judge [_]-Community Deputy Prosecutor [_]-Deputy Public Defender for an Accused Indigent or Minor
in the matter described below. My appointment letter/notice is herewith attached.
Criminal Case Number - _________________________________________________________________________________________
Title/Criminal Defendant - The People vs _______________________________________________________________________
Court Venue _____________________________________________________________________________________________________
St/Mun./City/Prov Address _______________________________________________________________________________________
Time spent in this case: Preparation- ________ hours. Trial ________ hours = Total __________ hours.
Pay Rate as determined in my application to serve as marked (X) above at P__________ per hour.
Payment requested herein: Total hours __________ X P_____________ per hour = P__________________.
I would greatly appreciate your early payment on this bill through Voucher GJ-27.
DECLARATION: I certify under penalty of perjury to the truthfulness of the above information.
Very respectfully yours,
_________________________________________
(Signature)
_________________________________________
(Bar Number)
Verified by ____________________, Clerk of Court.
Approved for payment by: _____________________(Supervising [_]-Judge [_]-Fiscal [_]-Public Attorney)Date: _________________
172
Form GJ-50, Prohibition and Declination to Meet an UNSUBPOENAED or Uninvited Grand Jury Visitor
“THE GRAND JURY Of the _______ Jury (Legislative) District of
_____________________________________
Grand Jury Term from ___________________ to _____________________(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
HIGHLY CONFIDENTIAL
DECLINATION TO MEET AN UNINVITED GRAND JURY VISITOR
Mr/Madam ____________________________Official Designation _____________________Street Address _________________________Municipality/City ________________________
Dear Mr. (Official Designation, Rank, Title or Position) _______________________________________:
In accordance with Statutory Grand Jury Instruction No. (83) in Article III, Section 24, of the National JuryLaw, and by the Oath of Secrecy of its members under the sovereign power of the people in Article II,Section 1, of the Constitution, which this Grand Jury directly represents, this Grand Jury hereby respectfullydeclines to meet you in person unless this Body has issued and served you with a subpoena or subpoenaduces tecum or summons to obtain a vital information from you. Article III, Section 7(a) of the National JuryLaw forbids the Grand Jury to meet you in person.
This is a response to your written request dated _______________ to his Grand Jury.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court(_)- Regional Trial Court of ________________________(_)- Sharia Trial Court of __________________________(_)- City/Metropolitan Trial Court of __________________(_)- Municipal Trial Court of ________________________Street or Building Address _________________________City/Municipal Address ____________________________
Dear Mr. Clerk of Court:
You are hereby directed by this Grand Jury to serve the official, entity, or dignitary, to whom the above letter concerns.You are likewise directed to keep this matter strictly confidential as required by the Grand Jury Law.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
- End of Form -
173
Form GJ-51, Declaration of Assets & Liabilities - For National Jury Law use only.
I, the undersigned, being of sound mind and with legal capacity to execute this document,DECLARE to the truthfulness of the following statements under threat of penalty of perjury andobstruction of justice in this document in regard to my Declaration of Assets and Liabilities, asfollows:
ASSETSI - Bank deposits in my name: ______________________________:
(My full name)Philippine Banks:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
Bank in Foreign Countries:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
II- Bank deposits in the name of my spouse ______________________________: (Name of my spouse)
Philippine Banks:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
Bank in Foreign Countries:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
III- Bank deposits in the name of my son or daughter ___________________________: (Attach supplemental list for other children) (Name of my son or daughter)
Philippine Banks:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
Bank in Foreign Countries:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
IV- Bank deposits in the name of my Parent _____________________________________: (List name of parent or parents)
Philippine Banks:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
Bank in Foreign Countries:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
V- Bank deposits in the name of a friend _______________________________________: (List name or name/s of friend/s)
Philippine Banks:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
174
Bank in Foreign Countries:Name of Bank, Account Number, Address, Amount Balance(Itemize each bank according to the above format)
VI- Real Properties:
Registered under my name in the Philippines:Name, location, Title or Tax Declaration, Area, ValueFrom whom acquired or purchased & year of purchase
Jointly Registered under my name and my spouse in the Philippines:Name, location, Title or Tax Declaration, Area, ValueFrom whom acquired or purchased & year of purchase
Registered in the name of my son/daughter (name) in the Philippines:Name, location, Title or Tax Declaration, Area, ValueFrom whom acquired or purchased & year of purchase
Registered under the name of a friend or relative (give name):Name, location, Title or Tax Declaration, Area, Value
Registered under my name in the (foreign country - what country):Name, location, Title or Tax Declaration, Area, ValueFrom whom acquired or purchased & year of purchase
Registered under the name of my spouse in (what country):Name, location, Title or Tax Declaration, Area, ValueFrom whom acquired or purchased & year of purchase
VII- Personal Properties:
Vehicles (List All)Make, Year Model, Plate #, Normal Location, Value
Jewelry (List All, Itemize)Name, how many pieces, Value
VIII- Total Value of the above assets P______________
IX- LIST OF VERIFIED LIABILITIES (Itemize below)
1. Describe Loan, Name of Creditor, Address, Balance
2. Describe Loan, Name of Creditor, Address, Balance
3. Judgment Creditor: Court Case and Court Location
X- Total Amount of Liability P______________XI- Deduct X from VIII Balance - Net Asset Value P______________
XII- Total Earnings during my entire incumbency in the Government (Itemize below)(Exclude PorkBarrels, Monetary Allowances and other illegal
175
income) List only your legal incomes
Name of Public Office, Location, Period of Incumbency
XIII- Add Total of Items under XII and enter here - > P______________
XIV- Deduct one half of amount in XIII. Assume that thisamount was spent for food, school, medical the whole time you were occupying public office P______________
XV- Net Balance of Assets or Net Value of Assets P______________
I further declare that I will firmly promise to repay the above amount in Item XV or surrender with properconveyance deeds my assets listed above back to the government no later than (state date).
I furthermore declare that I have not committed any act of corrupt practices since the date the NationalJury Law was enacted.
I am making this declaration with the view of praying for forgiveness from the People of the Philippinesand that I am truly remorseful about my acts of corruption during my incumbency as a public servantfrom (year) to (year) and as of today (date).
I likewise further promise that I will no longer seek any public office or employment in the governmentand I will remain a private citizen the rest of my life.
I understand that if I fail to pay or surrender the assets I promised to pay or surrender on my promisedundertaking, I will be indicted in court by the Grand Jury in this district for violation of Republic Act 3019as well as for obstruction of justice and for all crimes of corruption I may have committed before andafter the National Jury Law took effect. EXECUTED this __________ day of ____________ year ______ in the City/Municipality of
___________________ Province of ____________________.
__________________________________ I have explained to my client the conse-(Signature of Declarant) quences of signing and of not signing__________________________________ this document. Assisted by:(Printed Name of Declarant)
__________________________________ __________________________________________________________________ (Signature of Declarant’s Counsel)(Municipal or City Address of Declarant)
__________________________________________________________________ (Printed Name of Declarant’s Counsel(Official or Public Position of Declarant) ________________________________
(Bar Number of Counsel)
- End of Form -
176
Form GJ-52, Summons to High Ranking Public Officials, Nobility or Royalty
THE GRAND JURY Of the _______ Grand Jury District of
The Province/ City of ________________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO A PROSECUTOR, JUDGE, JUSTICE, CONGRESSMA N, SENATOR,PRESIDENT, GOVERNOR, MAYOR, OR ANY PUBLIC OFFICIAL, NOBILITY OR ROYALTY
(State Name, Title, Rank or Public Position) _______________________________________ Street or Building Address ______________________________________________________City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before thisGrand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ#
_____________. Please contact the clerk of court, telephone No. _________________, whose physicaladdress is at ________________________________________________________________________
___________________________________________________________________________, to set upyour appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of your
appointed date and time. On the day and time for your appearance, please report to the same clerk of courtand sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bring with you
your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the NationalJury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury ofhis/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
177
1. I served this Summons, Form GJ-52, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
__________________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:_______________________________________________________________________________
_______________________________________________________________________________
_____________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced withconspiracy, bribery, or any form of agreement by this server with the person to be served or with a thirdparty.
3. Information about the Server or Person serving:
Print Full Name- ________________________________________ (Must sign below)
Occupation- __________________________________________________________________
Address - ___________________________________________________________________
Telephone Number/s, __________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is true andcorrect (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall beliable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
178
Form GJ-53, Summons to a Lawyer.
THE GRAND JURY Of the _______ Grand Jury District of
The City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO A LAWYER
Attorney (State his Name) Atty. _______________________________________________________
Street or Building Address ______________________________________________________City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before thisGrand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ#_____________. Please contact the clerk of court, telephone No. _________________, whose physicaladdress is at ___________________________________________________________________________________________________________________________________________________, to set upyour appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of yourappointed date and time. On the day and time for your appearance, please report to the same clerk of courtand sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bring with youyour proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the NationalJury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury ofhis/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
179
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-53, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
_____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:_______________________________________________________________________________
_______________________________________________________________________________
_____________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced withconspiracy, bribery, or any form of agreement by this server with the person to be served or with a thirdparty.
3. Information about the Server or Person serving:
Print Full Name- ________________________________________ (Must sign below) Occupation- __________________________________________________________________Address - ___________________________________________________________________Telephone Number/s, __________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is true andcorrect (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall beliable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
180
THE GRAND JURY Of the _______ Grand Jury District of
The Province/ City of ________________
Grand Jury Term from ___________________ to _____________________
VERY HIGHLY CONFIDENTIAL
GRAND JURY CASE No. _________________
BILL/INVOICE FOR GRAND JURY CONSULTATION
The Provincial/City Treasurer of _____________________________________________
Street Address ___________________________________________________________
City Address ____________________________________________________________
Dear Mr./Ms. Treasurer:
Please pay this Bill/Invoice to the Bearer who is identified and authenticated as SIDN# ___________ in our
records by the Foreman of this Grand Jury for professional medical consultation in connection with the
above indicated Grand Jury Case Number.
He/She has devoted approximately ________ hours of his/her time in our conference room relating to
certain technicalities in connection with the above case between the hours from _________ __M. and
______________ __M. on (date) ___________________ (day) __________________.
This Grand Jury recommends payment to the Bearer the amount of P______________ pesos in Philippine
Currency as a reasonable compensation for his/her service.
Under Grand Jury Rules of Secrecy, no further detailed information can be disclosed in this document.
Consultant’s SIDN# ______________
Authenticated by:
THE GRAND JURY, Signed with the SIDN#________ Date Issued - ____________of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
IMPORTANT
1. The SIDN# of the bearer must be obtained from t he GJ’s Registry Form TJ-32. No SIDN# shall be issued unless properly reco rded by the TJ Secretary.
2. The amount to be paid to the consultant must be agreed upon between the Bearer and the TJ Foreman and written in the Bill/Invoice before Bearer leaves the Grand Jury Room.
3. Do not submit a copy of the Summons to the Bill /Invoice when presenting for payment.
- End of Form -
181
Form GJ-54, Summons to a Medical Doctor.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO A MEDICAL DOCTOR
Doctor (State his Name, Title or Position) _______________________________________________
Street or Building Address ______________________________________________________
City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before this
Grand Jury for consultation of an important matter. The Case Reference Number of the matter is TJ#
_____________. Please contact the clerk of court, telephone No. _________________, whose physical
address is at ________________________________________________________________________
___________________________________________________________________________, to set up
your appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of your
appointed date and time. On the day and time for your appearance, please report to the same clerk of court
and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bring with you
your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the National
Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________
SIDN#___________ of its Foreman by authority
of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury of
his/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
182
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form TJ-54, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
_____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced withconspiracy, bribery, or any form of agreement by this server with the person to be served or with a thirdparty.
3. Information about the Server or Person serving:
Print Full Name- ________________________________________ (Must sign below) Occupation- __________________________________________________________________Address - ___________________________________________________________________Telephone Number/s, __________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is true andcorrect (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall beliable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
183
THE GRAND JURY Of the _______ Grand Jury District of
The Province/ City of ________________
Grand Jury Term from ___________________ to _____________________
VERY HIGHLY CONFIDENTIAL
GRAND JURY CASE No. _________________
BILL/INVOICE FOR GRAND JURY CONSULTATION
The Provincial/City Treasurer of _____________________________________________
Street Address ___________________________________________________________
City Address ____________________________________________________________
Dear Mr./Ms. Treasurer:
Please pay this Bill/Invoice to the Bearer who is identified and authenticated as SIDN# ___________ in our
records by the Foreman of this Grand Jury for professional medical consultation in connection with the
above indicated Grand Jury Case Number.
He/She has devoted approximately ________ hours of his/her time in our conference room relating to
certain technicalities in connection with the above case between the hours from _________ __M. and
______________ __M. on (date) ___________________ (day) __________________.
This Grand Jury recommends payment to the Bearer the amount of P______________ pesos in Philippine
Currency as a reasonable compensation for his/her service.
Under Grand Jury Rules of Secrecy, no further detailed information can be disclosed in this document.
Consultant’s SIDN# ______________
Authenticated by:
THE GRAND JURY, Signed with the SIDN#________ Date Issued - ____________of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
IMPORTANT
1. The SIDN# of the bearer must be obtained from t he GJ’s Registry Form TJ-32. No SIDN# shall be issued unless properly reco rded by the TJ Secretary.
2. The amount to be paid to the consultant must be agreed upon between the Bearer and the TJ Foreman and written in the Bill/Invoice before Bearer leaves the Grand Jury Room.
3. Do not submit a copy of the Summons to the Bill /Invoice when presenting for payment.
- End of Form -
184
Form GJ-55, Summons to a Certified Public Accountant.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO A CERTIFIED PUBLIC ACCOUNTANT
CPA (State his Name, Title or Position) _________________________________________________
Street or Building Address ______________________________________________________City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before this
Grand Jury for consultation of an important matter. The Case Reference Number of the matter is TJ#_____________. Please contact the clerk of court, telephone No. _________________, whose physical
address is at ___________________________________________________________________________________________________________________________________________________, to set up
your appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of yourappointed date and time. On the day and time for your appearance, please report to the same clerk of court
and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bring with youyour proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the National
Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury of
his/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
185
PROOF OF SERVICE AND DELIVERY OF SUMMONS
(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-55, by personally delivering a copy thereof to the person named
therein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
_____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,
careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place of
business or work, I have been unable to make personal delivery of this Subpoena in this District on
the person named therein for the following reason/s:
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been
induced with conspiracy, bribery, or any form of agreement by this server with the person to be
served or with a third party.
3. Information about the Server or Person serving:
Print Full Name- ________________________________________ (Must sign below)
Occupation- ____________________________________________________________
Address - _____________________________________________________________
Telephone Number/s, ________________________ Fax _______________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information
is true and correct (Note: Read carefully before signing. Anyone who falsifies a statement in this
document shall be liable for indictment of perjury or of obstruction of justice and for punishment
by imprisonment.
____________________, 20______ _________________________________"
(Date Signed) (Signature)
186
THE GRAND JURY Of the _______ Grand Jury District of
The Province/ City of ________________
Grand Jury Term from ___________________ to _____________________
VERY HIGHLY CONFIDENTIAL
GRAND JURY CASE No. _________________
BILL/INVOICE FOR GRAND JURY CONSULTATION
The Provincial/City Treasurer of _____________________________________________
Street Address ___________________________________________________________
City Address ____________________________________________________________
Dear Mr./Ms. Treasurer:
Please pay this Bill/Invoice to the Bearer who is identified and authenticated as SIDN# ___________ in our
records by the Foreman of this Grand Jury for professional accounting consultation in connection with the
above indicated Grand Jury Case Number.
He/She has devoted approximately ________ hours of his/her time in our conference room relating to
certain technicalities in connection with the above case between the hours from _________ __M. and
______________ __M. on (date) ___________________ (day) __________________.
This Grand Jury recommends payment to the Bearer the amount of P______________ pesos in Philippine
Currency as a reasonable compensation for his/her service.
Under Grand Jury Rules of Secrecy, no further detailed information can be disclosed in this document.
Consultant’s SIDN# ______________
Authenticated by:
THE GRAND JURY, Signed with the SIDN#____________ Date Issued - ____________
of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
IMPORTANT
1. The SIDN# of the bearer must be obtained from t he GJ’s Registry Form GJ-32.
No SIDN# shall be issued unless properly reco rded by the TJ Secretary.
2. The amount to be paid to the consultant must be agreed upon between the Bearer and
the TJ Foreman and written in the Bill/Invoice before Bearer leaves the Grand Jury Room.
3. Do not submit a copy of the Summons to the Bill /Invoice when presenting for payment.
- End of Form -
187
Form GJ-56, Summons to an Engineer.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO AN ENGINEER
Engineer, (State his Name, Title or Position) _____________________________________________
Street or Building Address ______________________________________________________
City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before this
Grand Jury for consultation of an important matter. The Case Reference Number of the matter is TJ#
_____________. Please contact the clerk of court, telephone No. _________________, whose physical
address is at ________________________________________________________________________
___________________________________________________________________________, to set up
your appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of your
appointed date and time. On the day and time for your appearance, please report to the same clerk of court
and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bring with you
your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the National
Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________
SIDN#___________ of its Foreman by authority
of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury of
his/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
188
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-56, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
_____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not beeninduced with conspiracy, bribery, or any form of agreement by this server with the person to beserved or with a third party.
3. Information about the Server or Person serving:
Print Full Name- ________________________________________ (Must sign below) Occupation- ____________________________________________________________Address - _____________________________________________________________Telephone Number/s, ________________________ Fax _______________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing informationis true and correct (Note: Read carefully before signing. Anyone who falsifies a statement in thisdocument shall be liable for indictment of perjury or of obstruction of justice and for punishmentby imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
189
THE GRAND JURY Of the _______ Grand Jury District of
The Province/ City of ________________
Grand Jury Term from ___________________ to _____________________
VERY HIGHLY CONFIDENTIAL
GRAND JURY CASE No. _________________
BILL/INVOICE FOR GRAND JURY CONSULTATION
The Provincial/City Treasurer of _____________________________________________
Street Address ___________________________________________________________
City Address ____________________________________________________________
Dear Mr./Ms. Treasurer:
Please pay this Bill/Invoice to the Bearer who is identified and authenticated as SIDN# ___________ in our
records by the Foreman of this Grand Jury for professional engineering consultation in connection with the
above indicated Grand Jury Case Number.
He/She has devoted approximately ________ hours of his/her time in our conference room relating to
certain technicalities in connection with the above case between the hours from _________ __M. and
______________ __M. on (date) ___________________ (day) __________________.
This Grand Jury recommends payment to the Bearer the amount of P______________ pesos in Philippine
Currency as a reasonable compensation for his/her service.
Under Grand Jury Rules of Secrecy, no further detailed information can be disclosed in this document.
Consultant’s SIDN# ______________
Authenticated by:
THE GRAND JURY, Signed with the SIDN#____________ Date Issued - ____________
of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
IMPORTANT
1. The SIDN# of the bearer must be obtained from t he GJ’s Registry Form GJ-32.
No SIDN# shall be issued unless properly reco rded by the TJ Secretary.
2. The amount to be paid to the consultant must be agreed upon between the Bearer and
the TJ Foreman and written in the Bill/Invoice b efore Bearer leaves the Grand Jury Room.
3. Do not submit a copy of the Summons to the Bill /Invoice when presenting for payment.
- End of Form -
190
Form GJ-57, Summons to a Vehicle Mechanic.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO A VEHICLE MECHANIC
Mechanic, (State his Name, Title or Position) _____________________________________________
Street or Building Address ______________________________________________________
City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before this
Grand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ#
_____________. Please contact the clerk of court, telephone No. _________________, whose physical
address is at ________________________________________________________________________
___________________________________________________________________________, to set up
your appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of your
appointed date and time. On the day and time for your appearance, please report to the same clerk of court
and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bring with you
your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the National
Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________
SIDN#___________ of its Foreman by authority
of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury of
his/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
191
PROOF OF SERVICE AND DELIVERY OF SUMMONS
(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-57, by personally delivering a copy thereof to the person named
therein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
_____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,
careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place of
business or work, I have been unable to make personal delivery of this Subpoena in this District on
the person named therein for the following reason/s:
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been
induced with conspiracy, bribery, or any form of agreement by this server with the person to be
served or with a third party.
3. Information about the Server or Person serving:
Print Full Name- ________________________________________ (Must sign below)
Occupation- ____________________________________________________________
Address - _____________________________________________________________
Telephone Number/s, ________________________ Fax _______________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information
is true and correct (Note: Read carefully before signing. Anyone who falsifies a statement in this
document shall be liable for indictment of perjury or of obstruction of justice and for punishment
by imprisonment.
____________________, 20______ _________________________________"
(Date Signed) (Signature)
192
THE GRAND JURY Of the _______ Grand Jury District of
The Province/ City of ________________
Grand Jury Term from ___________________ to _____________________
VERY HIGHLY CONFIDENTIAL
GRAND JURY CASE No. _________________
BILL/INVOICE FOR GRAND JURY CONSULTATION
The Provincial/City Treasurer of _____________________________________________
Street Address ___________________________________________________________
City Address ____________________________________________________________
Dear Mr./Ms. Treasurer:
Please pay this Bill/Invoice to the Bearer who is identified and authenticated as SIDN# ___________ in our
records by the Foreman of this Grand Jury for professional vehicular mechanical consultation in connection
with the above indicated Grand Jury Case Number.
He/She has devoted approximately ________ hours of his/her time in our conference room relating to
certain technicalities in connection with the above case between the hours from _________ __M. and
______________ __M. on (date) ___________________ (day) __________________.
This Grand Jury recommends payment to the Bearer the amount of P______________ pesos in Philippine
Currency as a reasonable compensation for his/her service.
Under Grand Jury Rules of Secrecy, no further detailed information can be disclosed in this document.
Consultant’s SIDN# ______________
Authenticated by:
THE GRAND JURY, Signed with the SIDN#____________ Date Issued - ____________
of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
IMPORTANT
1. The SIDN# of the bearer must be obtained from t he GJ’s Registry Form GJ-32.
No SIDN# shall be issued unless properly reco rded by the GJ Secretary.
2. The amount to be paid to the consultant must be agreed upon between the Bearer and
the GJ Foreman and written in the Bill/Invoic e before Bearer leaves the Grand Jury Room.
3. Do not submit a copy of the Summons to the Bill /Invoice when presenting for payment.
- End of Form -
193
Form GJ-58, Summons to a Police Officer.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO A POLICE OFFICER
Police Officer, (State his Name, Rank or Position) __________________________________________
Street or Building Address ______________________________________________________
City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before this
Grand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ#
_____________. Please contact the clerk of court, telephone No. _________________, whose physical
address is at ________________________________________________________________________
___________________________________________________________________________, to set up
your appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of your
appointed date and time. On the day and time for your appearance, please report to the same clerk of court
and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bring with you
your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the National
Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________
SIDN#___________ of its Foreman by authority
of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury of
his/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
194
PROOF OF SERVICE AND DELIVERY OF SUMMONS
(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-58, by personally delivering a copy thereof to the person named
therein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
_____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,
careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place of
business or work, I have been unable to make personal delivery of this Subpoena in this District on
the person named therein for the following reason/s:
_____________________________________________________________________________
_____________________________________________________________________________
______________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced with
conspiracy, bribery, or any form of agreement by this server with the person to be served or with a
third party.
3. Information about the Server or Person serving:
Print Full Name- _____________________________________________ (Must sign below)
Occupation- __________________________________________________________________
Address - ______________________________________________________________________
Telephone Number/s, ___________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is true and
correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall be
liable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________"
(Date Signed) (Signature)
- End of form -
195
Form GJ-59, Summons to an Army Officer.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO AN ARMY OFFICER
Army Officer, (State his Name, Rank or Position) __________________________________________
Street or Building Address ______________________________________________________City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before thisGrand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ#_____________. Please contact the clerk of court, telephone No. _________________, whose physicaladdress is at ___________________________________________________________________________________________________________________________________________________, to set upyour appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of yourappointed date and time. On the day and time for your appearance, please report to the same clerk of courtand sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bring with youyour proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the NationalJury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
TheClerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury ofhis/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
196
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-59, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ___________________________________________________
(b) Address where served ___________________________________________________
________________________________________________________________________
(c) Date/Time of Delivery: ________________, 20___ _________ ______.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced withconspiracy, bribery, or any form of agreement by this server with the person to be served or with athird party.
3. Information about the Server or Person serving:
Print Full Name- _____________________________________________ (Must sign below) Occupation- __________________________________________________________________Address - _____________________________________________, ______________________Telephone Number/s, ___________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is true andcorrect (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall beliable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
- End of form -
197
Form GJ-60, Summons to a Navy Officer.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO A NAVY OFFICER
Navy Officer,(State his Name, Rank or Position) __________________________________________
Street or Building Address ______________________________________________________City Address ________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before thisGrand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ# _____________. Please contact the clerk of court, telephone No. _________________, whose physicaladdress is at ___________________________________________________________________________________________________________________________________________________, to set upyour appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury ofyour appointed date and time. On the day and time for your appearance, please report to the sameclerk of court and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room.Please bring with you your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of theNational Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury ofhis/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
198
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-60, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
_____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced with conspiracy, bribery, or any form of agreement by this server with the person to be served or with athird party.
3. Information about the Server or Person serving:
Print Full Name- _____________________________________________ (Must sign below) Occupation- __________________________________________________________________Address - ______________________________________________________________________Telephone Number/s, ___________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is trueand correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shallbe liable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
- End of form -
199
Form GJ-61, Summons to an Air Force Officer.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO AN AIR FORCE OFFICER
Air Force Officer, (State his Name, Rank or Position) _______________________________________ Street or Building Address ____________________________________________________________
City Address _______________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before thisGrand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ# _____________. Please contact the clerk of court, telephone No. _________________, whose physicaladdress is at ___________________________________________________________________________________________________________________________________________________, to set upyour appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of yourappointed date and time. On the day and time for your appearance, please report to the same clerk ofcourt and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bringwith you your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of theNational Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law. The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury ofhis/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
200
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-61, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced with conspiracy, bribery, or any form of agreement by this server with the person to be served or with athird party.
3. Information about the Server or Person serving:
Print Full Name- _____________________________________________ (Must sign below) Occupation- __________________________________________________________________Address - ______________________________________________________________________Telephone Number/s, ___________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is trueand correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shallbe liable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
- End of form -
201
Form GJ-62, Summons to a Public Official or Government Employee.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO A PUBLIC OFFICIAL OR GOVERNMENT EMPLOYEE
(Name and state his/her Position, Title, or Rank) . __________________________________________
Street or Building Address ____________________________________________________________City Address _______________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before thisGrand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ# _____________. Please contact the clerk of court, telephone No. _________________, whose physicaladdress is at ___________________________________________________________________________________________________________________________________________________, to set upyour appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of yourappointed date and time. On the day and time for your appearance, please report to the same clerk ofcourt and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bringwith you your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of theNational Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law. The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury ofhis/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
202
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-62, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced with conspiracy, bribery, or any form of agreement by this server with the person to be served or with athird party.
3. Information about the Server or Person serving:
Print Full Name- _____________________________________________ (Must sign below) Occupation- __________________________________________________________________Address - ______________________________________________________________________Telephone Number/s, ___________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is trueand correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shallbe liable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
- End of form -
203
Form GJ-63, Summons - General Form or Template
THE GRAND JURY Of the _______ Grand Jury District of
The Province/City of ________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS - GENERAL FORM OR TEMPLATE
(Name, Title, Occupation, Profession) ___________________________________________________ Street or Building Address ____________________________________________________________
City Address _______________________________________________________________________
GREETINGS:
You are hereby directed to appear in person alone, without assistance by anyone or lawyer, before thisGrand Jury for consultation of an important matter. The Case Reference Number of the matter is GJ# _____________. Please contact the clerk of court, telephone No. _________________, whose physicaladdress is at ___________________________________________________________________________________________________________________________________________________, to set upyour appointment with this Grand Jury. The Clerk of Court shall thereupon inform this Grand Jury of yourappointed date and time. On the day and time for your appearance, please report to the same clerk ofcourt and sign up in his Log Book. He/She will escort you in entering our Grand Jury Room. Please bringwith you your proper Identification and this summons.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of theNational Jury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - _______________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury ofhis/her arrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
204
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-63, by personally delivering a copy thereof to the person namedtherein and written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
____________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place ofbusiness or work, I have been unable to make personal delivery of this Subpoena in this District onthe person named therein for the following reason/s:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced with conspiracy, bribery, or any form of agreement by this server with the person to be served or with athird party.
3. Information about the Server or Person serving:
Print Full Name- _____________________________________________ (Must sign below) Occupation- __________________________________________________________________Address - ______________________________________________________________________Telephone Number/s, ___________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is trueand correct (Note: Read carefully before signing. Anyone who falsifies a statement in this document shallbe liable for indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
- End of form -
205
Form GJ-64, Stenographer’s Bill for Transcripts in Grand Jury Proceedings.
THE GRAND JURY Of the _______ Grand Jury District of
The Province/ City of ________________
Grand Jury Term from ___________________ to _____________________
VERY HIGHLY CONFIDENTIAL
GRAND JURY CASE No. _________________
BILL/INVOICE FOR STENOGRAPHIC SERVICES
The Provincial/City Treasurer of _____________________________________________
Street Address ___________________________________________________________
City Address ____________________________________________________________
Dear Mr./Ms. Treasurer:
Please pay this Bill/Invoice to the Bearer who is identified and authenticated as SIDN# ___________ in the
records of this Grand Jury for serving as Stenographer in its proceedings between the hours from _________
____M. and ______________ ____M. on (date) ___________________ (day) __________________.
This Grand Jury recommends payment to the Bearer the amount of P______________ pesos in Philippine
Currency as a reasonable compensation for his/her service. The transcript of his/her stenographic notes has
already been submitted and deposited in the security vault of this Grand Jury.
Per Grand Jury Secrecy Rules, Article III, Section 6, of the National Jury Law, no other detailed information
can be disclosed in this bill.
Stenographer’s SIDN# ______________.
Authenticated by:
THE GRAND JURY, Signed with his/her SIDN#____________ Date Issued - ____________of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
IMPORTANT1. The SIDN# of the bearer must be obtained from t he GJ’s Registry Form GJ-32. No SIDN# shall be issued unless properly reco rded by the GJ Secretary.
2. The amount to be paid to the consultant must be agreed upon between the Bearer and the GJ Foreman and written in the Bill/Invoice before Bearer leaves the Grand Jury Room.
3. Do not submit any other document to payor of th is Bill/Invoice when presenting for payment.
- End of Form -
206
Form GJ-65, Declination by the GJ to Provide Grand Jury Record or Information.
“THE GRAND JURY Of the _______ Jury (Legislative) District of
_____________________________________
Grand Jury Term from ___________________ to _____________________(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
HIGHLY CONFIDENTIAL
DECLINATION TO DISCLOSE GRAND JURY RECORDS OR INFORMATION
Mr/Madam ____________________________Official Designation _____________________Street Address _________________________Municipality/City ________________________
Dear Mr. (Official Designation, Rank, Title or Position) _______________________________________:
In accordance with Statutory Grand Jury Instruction No. (84) in Article III, Section 24, of the National JuryLaw, and by the Oath of Secrecy of its members under the sovereign power of the people in Article II, Section1, of the Constitution, which this Grand Jury directly represents, this Grand Jury hereby respectfully declinesto disclose or provide you with the information you have requested. Article III, Section 6, of the National JuryLaw forbids the Grand Jury or its members to disclose any record of its activity or proceedings to any person,or public official, or any entity.
This is a response to your written request dated _______________ to his Grand Jury.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
The Clerk of Court(_)- Regional Trial Court of ______________________ (_)- Sharia Trial Court of _________________________(_)- City/Metropolitan Trial Court of ________________ (_)- Municipal Trial Court of _______________________Street or Building Address _____________________________________________________________________City/Municipal Address ________________________________________________________________________
Dear Mr. Clerk of Court:
You are hereby directed by this Grand Jury to serve the official, entity, or dignitary, to whom the above letter concerns.You are likewise directed to keep this matter strictly confidential as required by the Grand Jury Law.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
- End of Form -
207
Form GJ-66, Summons for Submission of Jail Facility Records & Pictures
THE GRAND JURY Of the _______ Grand Jury District of
The Province/ City of ________________________
Grand Jury Term from ___________________ to _____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Very Highly Confidential
SUMMONS TO THE WARDEN OF THE JAILGrand Jury File Number ______________
(Obtain the number from GJ Foreman before signing this document)
(State Name and Title of Position) . . _______________________________________________Street or Building Address ______________________________________________________City Address ________________________________________________________________
GREETINGS:
You are hereby directed to submit to this Grand Jury within ten (10) days from your receipt of this summonsand submit the same in writing on your official letterhead the following information therein:
(a) A complete list of names and home addresses of each and all officials and employees in yourfacility with their corresponding title, rank, or position in your organization and their average monthly payregardless of whether the official or employee is a permanent or temporary or casual employee.
(b) A complete list of all inmates with their names and case numbers and the length of time eachinmate has been incarcerated in his facility regardless of whether the inmate is already convicted or not andthe identifiable cell location in which inmates are housed.
(c) A post card size picture of the common mess hall of the inmates.
(d) A post card size picture of the inmate toilets.
In the bottom of your statement and just above your signature, you must state the following verificationstatement: “In Response to Grand Jury Summons, Case No. ____________, I declare under penalty ofperjury under the laws of the Philippines that the foregoing information, including the objects in the pictures,are true and correct this ____ day of ___________, 20__, in the City of _____________________.”
Printed Name: ___________________________ Title of Position: ____________________________
Signature: ____________________________________________.
Your failure to submit the desired information above shall warrant your indictment for the crime of obstructionof justice with punishment by imprisonment in jail from five (5) years to seven (7) years upon conviction.
You are ordered to keep this matter strictly confidential as required by Article III, Section 7(d) of the NationalJury Law, a violation of which shall subject you for indictment for Obstruction of Justice.
Very truly yours,
THE GRAND JURY: Personally signed with validated Date Issued - ____________SIDN#___________ of its Foreman by authority of Article III, Section 7(b) of the National Jury Law.
208
The Clerk of Court:
Please serve the above summons to the subject person therein and promptly inform this Grand Jury of his/herarrival date and time.
The Grand Jury Secretary: SIDN# _____________ Date _________________
PROOF OF SERVICE AND DELIVERY OF SUMMONS
(Please see attached or below)
209
PROOF OF SERVICE AND DELIVERY OF SUMMONS(After being signed by server, the original of this document
must be submitted to and kept by the Secretary of the Grand Jury)
1. I served this Summons, Form GJ-66, by personally delivering a copy thereof to the person named thereinand written below: (The personal server must fill in by handwriting in the blanks hereunder)
(a) Name of Person Served ________________________________________________
(b) Address where served ________________________________________________
__________________________________________________________________________
(c) Date/Time of Delivery: _____________, 20___ ______ ___.M
2. [_]- Non-Service Return of Summons (fill in and sign if server is unable to serve): After due search,careful inquiry, and diligent attempts at the dwelling or usual place of abode or usual place of businessor work, I have been unable to make personal delivery of this Subpoena in this District on the personnamed therein for the following reason/s:_______________________________________________________________________________
_______________________________________________________________________________
_____________________________________________________________________________
I declare under penalty of perjury that this failure to serve this Summons has not been induced withconspiracy, bribery, or any form of agreement by this server with the person to be served or with a third party.
3. Information about the Server or Person serving:
Print Full Name- ________________________________________ (Must sign below)
Occupation- __________________________________________________________________
Address - ___________________________________________________________________
Telephone Number/s, __________________________ Fax ___________________________
I declare under penalty of perjury under the laws of the Philippines that the foregoing information is true andcorrect (Note: Read carefully before signing. Anyone who falsifies a statement in this document shall be liablefor indictment of perjury or of obstruction of justice and for punishment by imprisonment.
____________________, 20______ _________________________________" (Date Signed) (Signature)
- End of Form -
210
Form GJ-67, Registry for Assigned Cases to Deputy Public Defenders.
Office of the Provincial/City Public Attorney’s OfficeCity/Province of ________________
Address _______________________ Page _______
ASSIGNED CASES TO THE DEPUTY PUBLIC DEFENDERS’ POOL REGISTRY(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
(Paper Size: 8-1/2 by 11" - Temporarily Keep in a 3-Ring Binder - Book bind upon reaching 2-inched thickness)
DateOf Trial
Name of Accused
Name of Crime
Case Number
NameOf Judge
Name ofCourt
TelephoneNumber
Deputy Public Defender - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to PD- > Result - >
Deputy Public Defender - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to PD- > Result - >
Deputy Public Defender - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to PD- > Result - >
Deputy Public Defender - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to PD- > Result - >
Deputy Public Defender - > Telephone ->
Street Address - >
Mun/City/Province - >
Date Assigned to PD- > Result - >
- End of Form -
211
COMMUNITY DEPUTY PROSECUTORS
Section 100. Creation of the Position for Community Deputy Prosecutors - To ensure
availability of prosecutors to pursue the trial of suspected crime offenders and indicted by Grand
Juries and to speed up the disposition of criminal cases, the National Jury Law hereby creates the
position of Community Deputy Prosecutors, also known as the “CDP” in each Judicial District around
the country. A “CDP” shall act as an alternate or substitute to a regular government prosecutor or
fiscal and he shall serve under the supervision of a Provincial or City prosecutor. His services shall
be paid through the prescribed “Unconditional Non-transferable Redeemable Judicial Voucher”,
known as “Form GJ-27.” This form is found in Section 99, Article III, of the National Jury Law.
Section 101. Qualification of the CDP - The Community Deputy Prosecutor shall be a
bonafide member of the Integrated Bar of the Philippines with license to practice law. He shall have
been actually engaged in the practice of law for at least three (3) years as of the date of filing his
application to become a Community Deputy Prosecutor. As of the date of the filing of his
application, he shall certify that he has completely devoted a total of at least 24 hours of self-study
of the National Jury Law. He has read and he is thoroughly familiar both with the Statutory Grand
Jury Instruction in Section 24 and Form GJ-41 of Section 99 in Article III, and the Statutory Basic
Trial Jury Instruction on Form TJ-108 in Section 2, Article X of the National Jury Law. He shall have
actually accomplished a “dry run” preparation in his own handwriting with the following forms by
assuming the roles of those who are concerned in preparing or filling up those forms, most
particularly the following: Form TJ-103, Form TJ-109, Form TJ-109A, Forms TJ-110A-B-C-D (the
derivative form from Form TJ-110), Form TJ-111, Form TJ-112, Form TJ-113, Form TJ-114, Form
TJ-135, Form TJ-136, Form TJ-137 and Form TJ-138. He shall further state that he is expertly
cognizant of the rudiments in the impaneling of a trial jury and the preemptory challenges of jurors.
Section 102. CDP Application Form - CDP Application shall be accomplished in the
prescribed form known as Form GJ-46 and found in Section 99, Article III, of the National Jury Law.
This is a durable form and it cannot be modified or altered by the applicant.
Section 103. The promissory undertaking of the CDP to serve -
(a) The Community Deputy Prosecutor shall promise and shall wilfully agree that he shall
accept an assignment to prosecute before a bench court or before a trial jury the type of cases he
has specified to prosecute in his application for CDP pool membership that may come up for trial at
least thirty (30) calendar days before the trial commencement date. Should he decline to accept the
assignment, he shall communicate in writing and by phone within five (5) calendar days from his
212
receipt of his nomination on account of close family ties or friendship, prior social dealing, business
or official transaction with the accused otherwise in the absence of such “5-day notice of declination”
he shall be bound by his promise to act on his assignment or he shall be charged of the crime of
obstruction of justice for ignoring to act on his duty as a community deputy prosecutor.
(b) The Community Deputy Prosecutor shall keep his assignment strictly confidential and he
shall make no contact in any manner, directly or indirectly, with the accused under pain of
disciplinary action for disbarment in violation of the grand jury policy of secrecy.
(c) The Community Deputy Prosecutor shall accept compensation on a per diem basis
starting with one non-trial day of service to prepare for trial and for each day that he appears in court
to prosecute a case for trial by means of the Unconditional Redeemable Judicial Voucher as
prescribe in Form GJ-27 in Section 99, Article III, of the National Jury Law, computed at the rate of
pay equivalent to the hourly compensation of the minimum compensation of a regular provincial or
city prosecutor in the locality where he shall serve.
(d) When performing his duty as a community deputy prosecutor, he shall be bound by the
“Code of Conduct and Ethical standards for Public Officials and Employees” according to Republic
Act 6713. It shall be unlawful for the community deputy prosecutor to accept a fee from a witness
or complaining witness outside the compensation referred to in the preceding subsection (c) for his
service when acting in such capacity.
Section 104. The Community Deputy Prosecutors’ Pool - All applications for community
deputy prosecutor shall be submitted to the office of the provincial or city fiscal and shall be
personally deposited by the applicant in a raffle bin, plainly mark and printed as “CDP Application
Raffle Bin” and readable at a distance of eight (8) feet that has been set up by the provincial or city
fiscal. The raffle bin shall be located in the hallway near the entrance to the provincial or city fiscal’s
office wherein each CDP Applicant shall simply drop in his application in the raffle bin. Attorneys
who have dropped in their applications in the CDP Raffle Bin shall comprise as the Community
Deputy Prosecutors’ Pool. No attorney shall be offered to serve as a CDP unless his application has
been entered in the CDP Raffle Bin for random drawing.
Section 105. Invitation Advertisement for Applicants to the CDP Pool - To invite applicants
to the CDP Pool, the Provincial or City Prosecutor shall post an advertisement in a news paper with
a general circulation in the province or city his office is serving. He may likewise post his
advertisement in the Bulletin Boards in the court house where criminal cases are filed or he shall
announce in radio or television stations that are operating in his city or province. The invitation
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advertisement shall conform to the prescribed form known as Form GJ-45 and it is found in Section
99, Article III, of the National Jury Law.
Section 106. Registry Record for Assigned Cases to the CDP - The Provincial or City
Prosecutor shall keep a record of his case assignments to the CDP on a prescribed form, known as
Form GJ-47 under Section 99, Article III, of the National Jury Law.
DEPUTY PUBLIC DEFENDERS FOR INDIGENT ACCUSED OR MIN OR
Section 107. Creation of the Position of Deputy Public Defenders for Indigent Accused or Minor-
To ensure availability of Deputy Public Defenders to defend at the trial of suspected indigent crime
offenders or minors accused of crimes and to speed up the disposition of criminal cases, the
National Jury Law hereby creates the position of Deputy Public Defenders for Indigent Accuse Or
Minor, also briefly known as the “Deputy Public Defender” in each Judicial District around the
country. A Deputy Public Defender shall act as an alternate to a regular Public Attorney and he shall
serve under the supervision of the Public Attorney’s Office. His services shall be paid through the
prescribed “Unconditional Non-transferable Redeemable Judicial Voucher”, known as “Form GJ-27.”
This form is found in Section 99, Article III, of the National Jury Law.
Section 108. Qualification of the Deputy Public Defender - The Deputy Public Defender shall
be a bonafide member of the Integrated Bar of the Philippines with license to practice law. He shall
have been actually engaged in the practice of law for at least three (3) years as of the date of filing
his application to become a Deputy Public Defender. As of the date of the filing of his application,
he shall certify that he has completely devoted a total of at least 24 hours of self-study of the
National Jury Law. He has read and he is thoroughly familiar both with the Statutory Grand Jury
Instruction in Section 24 and Form GJ-41 of Section 99 in Article III, and the Statutory Basic Trial
Jury Instruction on Form TJ-108 in Section 2, Article X, of the National Jury Law. He shall have
actually accomplished a “dry run” preparation in his own handwriting with the following forms by
assuming the roles of those who are concerned in preparing or filling up those forms, most
particularly the following: Form TJ-103, Form TJ-109, Form TJ-109A, Forms TJ-110A-B-C-D (a
derative form from Form TJ-110), Form TJ-111, Form TJ-112, Form TJ-113, Form TJ-114, Form TJ-
135, Form TJ-136, Form TJ-137 and Form TJ-138. He shall further state that he is expertly
cognizant of the rudiments in the impaneling of a trial jury and the preemptory challenges of jurors.
Section 109. Deputy Public Defender’s Application Form - A Deputy Public Defender’s
Application shall be accomplished in the prescribed form known as Form GJ-48AP and found in
Section 99, Article III, of the National Jury Law. This is a durable form and it cannot be modified or
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altered by the applicant.
Section 110. The promissory undertaking of the Deputy Public Defender to serve -
(a) The Deputy Public Defender shall promise and shall wilfully agree that he shall accept
an assignment to defend an indigent accused or a minor before a bench court or before a trial jury
the type of cases he has specified to defend in his application for Deputy Public Defenders Pool
membership that may come up for trial at least thirty (30) calendar days before the trial
commencement date. Should he decline to accept the assignment, he shall communicate in writing
and by phone within five calendar five (5) days from his receipt of his nomination, and not after the
said five (5) calendar days shall have elapsed, on account of close family ties or friendship, prior
social dealing, business or official transaction with the complaining witness otherwise in the absence
of such “5-day notice of declination” he shall be bound by his promise to act on his assignment or
he shall be charged for the crime of obstruction of justice for ignoring to act on his duty as a Deputy
Public Defender.
(b) The Deputy Public Defender shall keep his assignment strictly confidential and he shall
make no contact in any manner, directly or indirectly, with the complaining witness under pain of
disciplinary action for disbarment in violation of the grand jury policy of secrecy. He shall,
nonetheless, keep his right for the issuance of a subpoena or subpoena duces tecum to compel the
appearance of witnesses to testify in favor of the accused and shall have the right to cross-examine
witnesses who shall testify against the accused.
(c) The Deputy Public Defender shall accept compensation on a per diem basis starting with
one non-trial day of service to prepare for trial and for each day that he appears in court to prosecute
a case for trial by means of the Unconditional Redeemable Judicial Voucher as prescribe in Form
GJ-27 in Section 99, Article III, of the National Jury Law, computed at the rate of pay equivalent to
the hourly compensation of the minimum compensation of a regular provincial or city prosecutor in
the locality where he shall serve.
(d) When performing his duty as a Deputy Public Defender, he shall be bound by the “Code
of Conduct and Ethical standards for Public Officials and Employees” according to Republic Act
6713. It shall be unlawful for the community Deputy Public Defender to accept a fee from the
accused he is defending outside the compensation referred to in the preceding subsection (c) for
his service when acting in such capacity.
Section 111. The Deputy Public Defenders’ Pool - All applications for Deputy Public
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Defenders shall be submitted to the office of the provincial or city fiscal and shall be personally
deposited by the applicant in a raffle bin, plainly mark and printed as “Deputy Public Defenders’
Application Raffle Bin” and readable at a distance of eight (8) feet that has been set up by the
Public Attorney’s Office. The raffle bin shall be located in the hallway near the entrance to the Public
Attorney’s Office wherein each Deputy Public Defender Applicant shall simply drop in his application
in the raffle bin. Attorneys who have dropped in their applications in the Deputy Public Defenders’
Raffle Bin shall comprise as the Deputy Public Defenders’ Pool. No attorney shall be offered to
serve as a Deputy Public Defender unless his application has been entered in the Deputy Public
Defenders’ Raffle Bin for random drawing.
Section 112. Invitation Advertisement for Applicants to the Deputy Public Defenders’ Pool -
To invite applicants for membership to the Deputy Public Defenders’ Pool, the Public Attorney’s
Office shall post an advertisement in a news paper with a general circulation in the province or city
his office is serving. He may likewise post his advertisement in the Bulletin Boards in the court
house where criminal cases are filed or he shall announce in radio or television stations that are
operating in his city or province. The invitation advertisement for Deputy Public Defenders shall
conform to the prescribed form known as Form GJ-48AD and it is found in Section 99, Article III, of
the National Jury Law.
Section 113. Registry Record for Assigned Cases to Deputy Public Defenders - The
Provincial or City Public Attorney’s Office shall keep a record of his case assignments to Deputy
Public Defenders on a prescribed form, known as Form GJ-67 under Section 99, Article III, of the
National Jury Law.
Section 114. Guide for Fast track adaptation to the criminal jury trials -
(a) This National Jury Law requires that all incumbent Justices, Judges, Prosecutors, Public
Attorneys with their clerks or secretaries and actively private practicing members of the Integrated
Bar of the Philippines upon approval and enactment of the National Jury Law and Procedures shall
promptly familiarize with the proficiency and qualifications required of applicants for Pro Temp Jury
Presiding Judges, Community Deputy Prosecutors, and Deputy Public Defenders in connection with
criminal jury trials.
(b) The jury forms enumerated below have been devised as guides in submitting to the jury
for deliberation and issuance of jury verdicts in an orderly fashion in criminal jury trials:
(1) Form TJ-103, Summons to citizens for jury service;
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(2) Form TJ-108, Statutory Basic Jury Trial Instruction;
(3) Form TJ-109, Management of Jurors reporting for jury service
by the Jury Commissioner or Clerk of Court;
(4) Form TJ-110A, Confidential “In Chamber Conference” by Jury Presiding Judge
with the Prosecution and Defense Attorneys a day or two prior
to the day of impaneling the jury to commence the jury trial;
(5) Form TJ-110B, The Charge Sheet - Information to the Jury as to how many cases
the jurors shall discuss and decide on.
(6) Form TJ-110C, The “LAW & FACT SHEET” Pattern.
(7) Form TJ-110D-1, Law & Fact Sheet - 1st case # vs Accused.
Form TJ-110D-2, Law & Fact Sheet - 2nd case # vs Accused.
Form TJ-110D-3, Law & Fact Sheet - 3rd case # vs Accused.
Form TJ-110D-4, Law & Fact Sheet - 4th case # vs Accused
Form TJ-110D-5, Law & Fact, etc. - If any additional case.
If there is a co-accused, separate Form TJ-110D-1, 2, 3, etc. shall likewise be set
up for him apart from another co-accused. The said items shall be submitted to the Jury
separately one at a time for discussion and decision.
(8) Form TJ-111, The Joint Supplemental Jury Instruction in submitting the cases
to the Jury for discussion and decision and shall have been
developed during the confidential “In Chamber Conference”.
(9) Form TJ-112, Twelve (12) pieces of pre-cut Jury Ballot;
(10) Form TJ-113, The “Guilty Verdict” Sheet;
(11) Form TJ-114, The “Not Guilty Verdict” Sheet
(12) Form TJ-135, List of Exhibits with Exhibits attached, the first set of items
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for submission to the jury immediately after the jurors have
chosen their foreman and assistants for review by the jury.
(12) Form TJ-136, Delivery Envelope to the Jury containing the enumerated Items
on each face for every individual case for jury discussion and
decision starting first with Form TJ-110D-1. This envelope shall
delivered to the jury as soon as the jury foreman informs thePresiding
Judge (through the Sheriff on duty at the door of the jury room) that the
jury has already reviewed the exhibits;
(13) Form TJ-137, Verdict Envelope (to contain nothing else but only either Form TJ-113,
the “Guilty Verdict” Sheet or Form TJ-114, the “Not Guilty” Verdict
Sheet). The Foreman shall hold on to this envelope until further
receipt for instruction from the presiding judge. If there Is another
case versus the same accused, another set of Form TJ-136, Delivery
Envelope, shall be submitted to the jury with the next Form TJ-110D-2,
(or Form TJ-110D-3, as the case may be) if more than two or more
cases, one at a time, shall be discussed and to be decided by the jury.
(14) After the Jury has decided all cases, the Jury Foreman shall be prepared to bring forth
to the open court, upon the call by the Presiding Judge, through the Sheriff, all the Form or Forms
TJ-137 containing respectively the Jury Verdict Sheets and properly collated corresponding to each
accused. All other items or documents, such as, but not limited to, the jury ballots, shall be left in
the jury room for gathering by the Clerk or Secretary for safekeeping and court custody.
(15) Thereafter, go back to Form TJ-111 and follow onward from Instruction “Tenth” of said
form until the discharge of the jury from jury duty.
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ARTICLE IV
THE TRIAL JURY
Section 1. The Trial Jury -
(a) Composition and Qualification of Jurors - A trial jury shall be composed of twelve (12)
members chosen randomly from among the registered voters in their respective congressional
districts. A trial juror shall be a high school graduate and at least twenty-one (21) years of age with
average intelligence, or a person whose level of education or lifetime practical experience in dealing
with his fellow citizens whose concept or understanding in the fundamentals of rightfulness or
wrongfulness is approximately equivalent to a high school graduate. A trial juror must not be
suffering from any mental impairment or drug addition or controlled substance addiction, or alcohol
addiction. Choosing a person to sit as a trial juror by appointment directly or indirectly shall be void.
(b) The Jury Commissioner - The position of the Jury Commissioner is hereby created who
shall be responsible for inviting citizens to serve for jury duty. His qualification shall be similar to the
qualification of a Clerk of Court and shall have the power to recommend to the Executive Judge in
the hiring of staff to assist in his functions. Every Court House or a Hall of Justice with a cluster of
several jury trial court rooms or branches shall have one Jury Commissioner. In the absence of the
Jury Commissioner, the Executive Judge shall designate one of his Senior Clerks of Court to act and
perform the duties of the Jury Commissioner. A court house with a single branch or sala, the Clerk
of Court of such court house shall act as its Jury Commissioner and shall likewise have the power
to recommend to the Executive Judge of such court house the needed number of staff to assist in
his functions.
(c) Invitation of Citizens to Serve for Jury Duty - The Jury Commissioner (or Clerk of Court)
shall commence in inviting citizens for jury duty by communicating with the Local Election Registrar
whose jurisdiction covers the locality where the Court House is located with the request of supplying
the Jury Commissioner with names of registered voters who reside within the legislative district
where his court is located. For his request, he shall use Form TJ-101, Form TJ-102 along with its
attachment Form TJ-102A, and Form TJ-102B, the pattern forms in procuring the names of citizens
to be summoned for jury duty as prescribed in Article X, Section 1 and Section 2 of the National Jury
Law.
Section 2. Confidential Proceedings Prior to the Actual Event of the Jury Trial -
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(1) One, or two days, before the actual event of a criminal jury trial begins, a “Confidential
In-Chamber Conference” shall be convened and presided by the Jury Presiding Judge requiring the
mandatory presence of the prosecuting attorney and the defense attorneys. This conference shall
be conducted according to the Instructions in Form TJ-110A as prescribed in Article X, Sections 1
and 2, of the National Jury Law. Any person or public official who shall forcefully or by intimidation
intrude or interfere in this proceeding shall be held liable and for punishment of imprisonment for
obstruction of justice.
(2) The actual event of the jury trial shall start with the impaneling of the jurors. A juror in
a jury trial shall serve anonymously. His real name shall not be disclosed to the public or to any body
which shall be kept confidentially by the jury commissioner, or by a clerk of court, or by the presiding
judge or by any lawyer as an officer of the court. The Jury Commissioner, or Clerk of Court in the
absence of a Jury Commissioner, shall assign a five (5) digit Identity Code Number, known as “ICN”,
to a juror who has reported for jury service in response to a summons for jury duty.
(3) In the court room, the presiding judge shall identify each juror with his ICN. The
presiding judge or any court personnel shall, in no case, disclose the real name of a juror to the
contending parties or their attorneys all the way from the start the jurors are called in to his
courtroom for empanelling.
Section 3. Upon arrival at the court house of each juror to report for jury service, he shall
be ushered into a Jury Assembly Room , briefly known as the “JAR” under the control and
supervision of the jury commissioner, or the clerk of court. At the JAR, the juror shall submit his
summons for jury service and write his name and summons number in a log book called the JAL
(“Jurors’ Attendance Logbook”), also known as Form TJ-106 and prescribed in Article X, Section 2.
Section 4. The JAR shall be a separate room from the actual jury trial court room. While
the jurors are waiting at the JAR, each of them shall be furnished by the commissioner, or clerk, with
a blank form known as the Impaneling Question Sheet or IQS, or known as Form TJ-109A . The
juror shall be required to fill in the IQS truthfully and that the juror shall be informed that the form
shall be used solely for jury service and for no other purposes. The IQS shall not ask anything what
law or laws the juror knows about.
Section 5. How to Use The IQS and the ICN -
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(1) The IQS shall contain a pre-assigned ICN (“Identity Code Number” ) and a pre-printed
card tag shall be attached to it bearing the same ICN with the IQS. The ICN shall serve as the official
name of the juror while on jury service. The size of the card tag shall be one-and-a-half inches in
height by four-and-a-quarter inches in length (1-1/2" X 4-1/4") wherein the ICN shall be printed at
around one inch in height and three inches in length located centrally on the tag. Each juror shall
have a different ICN and no two or more jurors shall have the same number. Upon issuance of the
ICN, the same shall then be promptly recorded by the Jury Commissioner, or Clerk of Court, on
Form TJ-106 corresponding to the registered name of the juror in said form.
(2) The Commissioner or Clerk shall additionally prepare a list of all ICNs corresponding to
the jurors who are called in for impaneling with sufficient copies for distribution to the presiding judge,
the prosecuting attorney and to each defense attorney.
(3) The ICN tags shall be embedded or pinned on the left side of the shirt at the breast level
of each juror. The jurors should be advised to wear their tags only during court sessions and shall
keep the same inside their pockets when getting out of the jury trial court room.
Section 6. After accomplishing his Form TJ-109A , the juror shall then submit it back to the
Commissioner or Clerk of Court who shall drop the same in a separate lottery bin, designated as
“Lottery Bin #2", for jurors who appeared for jury service. Correspondingly, he shall hand over the
accomplished card tag of each juror for the juror’s use and display on his/her shirt during the jury
impaneling. Upon receipt of his ICN, the juror shall then drop his Form TJ-109A in the raffle bin in
the JAR (Jury Assembly Room) under the instruction of the Commissioner or Clerk. All jurors who
have reported for jury duty with a tag receipt shall remain seated in the JAR.
Section 7. Before the jurors are called in to the Jury Trial Court Room (JTCR), no person
shall be permitted to occupy any seat inside the court room except the presiding judge and his court
personnel and the respective lawyers of the parties in the case at hand.
Section 8. At exactly 9:00 A.M., the Commissioner or Clerk shall then raffle and retrieve
from the raffle bin of the IQS Forms TJ-109A, one at a time, and shall announce the ICN of the juror
whose IQS has been drawn. The holder of the ICN corresponding to the retrieved Form TJ-109A,
along with other jurors whose Form TJ-109A have been called, shall then get ready to move and
be lead by the Commissioner or Clerk in going to the JTCR (Jury Trial Court Room). The
Commissioner or Clerk of Court in the JAR shall bring in exactly twenty-nine (29) jurors to the JTCR
for jury impaneling if there is only one (1) accused to be tried by the jury. If there are two or more
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criminal defendants who shall be jointly tried in the jury trial, the Commissioner or Clerk of Court shall
bring in for impaneling an additional seven jurors for each accused to choose from for impaneling
to allow every accused for his attorney to exercise his full seven (7) preemptive right to decline
certain jurors from sitting in his case.
Section 9. After all the required number of jurors from which the jury impaneling shall be
picked have entered the JTCR, they will be seated in the vacant audience seats to wait for
impaneling instructions. The corresponding Form TJ-109A of the jurors shall be entered again in
another raffle box by the Clerk or Secretary at the JTCR. Thereupon, all the 29 jurors shall be asked
by the Clerk to stand and to raise their right hand to take their oath as follows:
“Do you swear to tell the truth, the whole truth and nothing
but the truth in the impaneling of this jury?” (and each and
all jurors shall respond) “I do”.
Section 10. Impaneling of the Jury - Impaneling of the jury shall be held confidentially and
shall not be televised. The court room seating arrangement shall conform to the court room layout
as designed in Form TJ-133 shown in the printable trial jury forms in Article X, Section 2 of the
National Jury Law. Should the presiding judge allow a television broadcast of the jury trial, the
members of the television crew and their camera equipment shall be located in the designated
stationary area indicated in Form TJ-133. The Television crew and the TV reporter shall have no
privilege to move around inside the court room or to make any comment during the trial.
Section 11. Except for the presiding judge along with the prosecutor or attorney for the
plaintiff and the defense attorney, no other person or public official of any rank, power, position, or
title, nobility or royalty shall have the authority to interfere or participate in the impaneling of the
jurors or in the conduct of the jury trial. Violation of this provision of the National Jury Law shall
subject the violator for direct contempt of court or for obstruction of justice upon indictment by a
Grand Jury, and punishment by imprisonment in jail for the period of five (5) years to seven (7)
years, if convicted.
Section 12. Challenge to the Jurors:
(a) Following the oath taking of the called-in jurors, the presiding judge shall then order
his clerk to retrieve randomly for the second time, and one at a time, the Form TJ-109A from his
court room raffle box. He shall then announce the ICN on the form, and the juror ICN owner shall
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be asked to raise his right hand. The juror shall not be asked to stand and thereupon the presiding
judge shall randomly choose to ask some any, but not necessarily all, questions in the juror’s Form
TJ-109A, to randomly confirm the juror’s answers.
(b) After the presiding judge is done with his questions, he shall then ask each of the
opposing lawyers if either lawyer would exercise his right to challenge the juror by asking his own
questions to the juror to determine if he shall accept, or decline, the juror to sit in his case. If any
lawyer declines a juror, he will simply ask the presiding judge, without argument, by saying: “Your
Honor, I respectfully decline juror #______ from sitting in my case.” And the presiding judge shall
ministerially inform the juror by saying: “Mr/Ms Juror, we thank you for coming to this court. You will
not be required to sit as a juror in this case. Please go back to the room of the Jury Commissioner
or Clerk for further instruction. ”
(c) The judge, with an assist from the court sheriff, shall hand back to the declined juror
his Form TJ-109A and shall be asked to sit in one of the vacant audience seats and wait for further
instruction. After 15 jurors shall have been chosen and seated, the Sheriff shall led the declined
jurors back to the Jury Commissioner or Clerk of Court at the JAR (Jury Assembly Room) for further
call by the Commissioner or Clerk for: (1) Possible assignment to another jury trial court room in
which case his Form TJ-109A shall be entered back in the Lottery Bin #2 at the JAR; or (2)
Collection of his, or their, Juror’s Service Fee for the day on Form GJ-27.
Section 13. Each party to a case for trial, through his attorney, shall be entitled to exercise
his preemptory challenge to no more than seven (7) prospective jurors with, or without, cause and
without argument to unseat or decline and replace an impaneled juror before the final impaneled
jurors are sworn in to serve. No additional challenge shall be allowed to a party who has used up
all his right to challenge or decline a juror.
Section 14. The first twelve (12) jurors chosen shall sit as regular jurors while the last three
(3) jurors shall sit as alternate reserve jurors if, in case, one or more of the regulars shall defunct for
any reason. The three (3) alternates shall likewise be required to hear the entire trial proceeding
along with the regular jurors and in the discussion inside the jury deliberation room but none of the
alternate reserve jurors can vote, unless one or more of the regulars is, or are, unable to complete
his jury service. After jury impaneling, an alternate reserve juror shall be picked by lottery from
among them to serve as regular juror when the need shall arise.
Section 15 Once the jury impaneling with the total fifteen (15) jurors is completed, and the
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declined jurors have been sent back to the Jury Assembly Room, only then shall the persons who
are not a party to the case, including the members of the media, shall be permitted to enter the court
room and occupy its vacant audience seats.
Section 16. Empowerment of the Trial Jury -
(1) Instruction to the Impaneled Jurors - The presiding judge shall then proceed to empower
the Jury by reading to the jurors the Statutory Basic Jury Instruction, known as “SBJTI”, as
prescribed on Form TJ-108 in Article X, Sections 1 and 2, of the National Jury Law. At this stage,
the presiding judge shall issue by reading to educate the jurors with the SBJTI. The presiding judge
of the Jury is prohibited to deviate or modify this statutory instruction except in the context where it
allows him to do so. This Instruction shall be contemporaneously interpreted by a professionally
qualified interpreter in the local dialect of the jurors from its English text and vice versa. Thereafter,
the jury trial shall then proceed according to the procedure in Article VI, Section 3(e).
(2) The presiding judge shall enforce court discipline and to rule on the admission of
evidence in the course of the jury trial;
(3) The presiding judge shall have neither power to participate with the jurors in their
deliberation and in deciding the matter at hand as heard by the jury nor the power to over rule,
change, modify or invalidate the verdict of the jury. The Jury shall have the exclusive authority to
find the facts pertaining to the case at hand.
Section 17. Any person or public official who shall contact an employer, job supervisor or
a co-employee of a trial juror with the view of influencing the decision of such juror on a matter being
tried before a jury trial shall subject such person or public official liable for obstruction of justice with
punishment and fine as provided in Section 24 hereunder of Article IV, of the National Jury Law.
Section 18. Any employer, job supervisor or co-employee who shall co-operate with, actively
or passively, upon the instigation of, any person or public official to influence the decision of a juror
on a matter being tried before a jury trial shall render such employer, job supervisor or co-employee
liable for obstruction of justice with punishment and fine as provided in Section 24 hereunder of
Article IV, of the National Jury Law.
Section 19. Any juror in a jury trial who shall have received any direct solicitation from any
person, public official, job supervisor, or co-employee, with the view of influencing his decision,
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regardless of whether he was swayed in making his decision or not in a jury trial shall have the
mandatory obligation to secretly report within thirty (30) days from the date he received such
solicitation to a grand jury for investigation. His failure to comply shall render him liable for the crime
of obstruction of justice with punishment and fine as provided in Section 24 hereunder of Article IV,
of the National Jury Law.
Section 20. Any employer, job supervisor, or co-employee who has received from a public
official or government employee any solicitation with the view of influencing a juror of his decision
in a jury trial who is an employee of such employer, or subordinate of such supervisor, or friend of
such co-employee shall have a mandatory obligation to report within 30 days of receiving such
solicitation to a grand jury for investigation and indictment for obstruction of justice of such public
official or government employee. Failure of such employer, job supervisor, co-employee to comply
with his duty in this Section shall render such employer, job supervisor or co-employee liable for
obstruction of justice with punishment and fine as provided in Section 24 hereunder of Article IV, of
the National Jury Law.
Section 21. Any juror who shall decide in a jury trial on the basis of the solicitation of any
person, public official, employer, job supervisor or co-employee regardless of whether he has been
offered, or has received a bribe, or not, shall be liable for obstruction of justice with punishment and
fine as provided in Section 24 hereunder of Article IV, of the National Jury Law.
Section 22. Any presiding judge in a jury trial, who shall receive any solicitation from any
person or public official with the view of influencing the decision of a case in his court or of the jury
over whom he is presiding, shall have the mandatory duty to report within thirty (30) days from the
date of receiving such solicitation to the grand jury for investigation and indictment for obstruction
of justice. Failure of such presiding judge to comply with his obligation in this section shall be liable
for obstruction of justice with punishment and fine as provided in Section 24 hereunder of Article IV,
of the National Jury Law.
Section 23. Any lawyer who participates in a judicial proceedings or a jury trial shall have
the mandatory obligation to refrain from contacting a public official with the view of securing the
influence of such public official in obtaining a decision or judgment in favour of his case from a judge,
presiding judge, or trial jury regardless of whether such public official is a party or not to his case.
Such lawyer in violation of this provision shall be liable for obstruction of justice and disbarment with
punishment and fine as provided in Section 24 hereunder of Article IV, of the National Jury Law.
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Section 24. Any person found guilty of the act of obstruction of justice as defined in the
preceding Sections 17, 18, 19, 20, 21, 22, and 23, of this Article, Article IV of the National Jury Law,
shall suffer the penalty of prision mayor in its maximum period and fine ranging from one hundred
thousand pesos (P100,000.00) to ten million pesos (P10,000,000.00) pesos. If the accused found
guilty holds a government position in any capacity of the Republic of the Philippines or in any
government owned or controlled corporation or a quasi-public entity, such person shall forfeit his
office and shall further suffer perpetual disqualification from holding any public position in the
government or government owned or controlled corporation or quasi-public entity.
Section 25. If the accused is found guilty of a crime associated with the crime of obstruction
of justice that carries with a higher penalty, such penalty shall be imposed.
Section 26. An act or omission over a mandatory duty defined as a crime of obstruction of
justice in this Law shall prescribe at the end of ten (10) years from the date of such act or omission.
Section 27. Any subordinate officer or employee in the government service shall have the
power and mandatory duty to secretly report any act or omission defined in this Law as a crime of
obstruction of justice or any other criminal act including act of corruption or violation of human rights
defined by any law committed by his superior officer or co-employee to a grand jury for investigation
and indictment. Failure of such subordinate officer or employee to perform his duty within thirty (30)
days from his knowledge of such act or omission or any other criminal act including act of corruption
or violation of human right of his superior officer or co-employee shall likewise be liable for
obstruction of justice and indictment by a grand jury.
Section 28. The findings of fact by the trial jury shall be final and shall not be subject of
review on appeal. If such findings shall result in the imposition of death penalty, the penalty shall be
automatically reduced to life in prison. An error of law may be appealed by either party to a case.
Section 29. Any justice of a Sandiganbayan may act as a presiding judge over a jury trial.
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PRO TEMP JURY PRESIDING JUDGE
Section 30. Creation of the Position for Pro Temp Jury Presiding Judge And Payment of
his Services -
(1) To ensure availability of presiding judges to conduct criminal jury trials, and to speed
up the disposition of criminal cases as constitutionally ordained, the National Jury Law hereby
creates the position of Pro Temp Jury Presiding Judge and shall be known as “Pro Temp Jury PJ”.
He shall act as a temporary or substitute jury presiding judge in a criminal jury trial in the event of
the unavailability or absence of a regular judge or justice in the Sandiganbayan, Regional Trial
Courts, Shari’a District Courts, Metropolitan Trial Courts, City Trial Courts, Municipal Trial Courts,
any Criminal Circuit Courts, or in Land Ownership Registration disputes in the Courts of First
Instance.
(2) The services of the Pro Temp Jury PJ shall be paid through the prescribed
“Unconditional Non-transferable Redeemable Judicial Voucher”, known as “Form GJ-27”. A sample
of this form is found in Article III, Section 99, of the National Jury Law.
Section 31. Qualification of the Pro Temp Jury PJ - The Pro Temp Jury PJ shall be a
bonafide member of the Integrated Bar of the Philippines with license to practice law. He shall have
been actually engaged in the practice of law for at least three (3) years. As of the date of the filing
of his application, he shall certify that he has completely devoted a total of at least 24 hours of
self-study of the National Jury Law. He has read and he is thoroughly familiar both with the Statutory
Grand Jury Instruction in Section 24 and Form GJ-41 of Section 99 in Article III, and the Statutory
Basic Trial Jury Instruction on Form TJ-108 in Section 2, Article X of the National Jury Law. He shall
have actually accomplished a “dry run” preparation in his own handwriting with the following forms
by assuming the roles of those who are concerned in preparing or filling up those forms, most
particularly the following: Form TJ-103, Form TJ-109, Form TJ-109A, Forms TJ-110A-B-C-D, Form
TJ-111, Form TJ-112, Form TJ-113, Form TJ-114, Form TJ-135, Form TJ-136, Form TJ-137 and
Form TJ-138. He shall further state that he is expertly cognizant of the rudiments in the impaneling
of a trial jury and the preemptory challenges of jurors.
Section 32. The Pro Temp Jury Presiding Judge Application Form - The application of the
the Pro Temp Jury Presiding Judge shall be accomplished on Form TJ-107A found in Article X,
Section 2 of the National Jury Law. Form TJ-107A is a durable form and it shall not be modified or
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altered in any manner by the applicant.
Section 33. The promissory undertaking in the Application of the Pro Temp Jury Presiding
Judge-
The Pro Temp Jury Presiding Judge shall promise and wilfully agree as follows:
(1) He shall start to serve as Pro Temp Jury Presiding Judge within seventy-two (72) hours
from the date of his receipt of an assignment notice from any court room of the court district in which
he has submitted his application for pool membership.
(2) He shall accept compensation on a per diem basis starting with one non-trial day per
diem to prepare for trial under the Unconditional Redeemable Judicial Voucher prescribed on Form
GJ-27 at the rate of pay equivalent to the computed hourly compensation of the last appointed
regular presiding judge of the province, city or municipality where he shall serve.
(3) The assignment notice served upon the attorney-nominee on a particular case shall
be subject to a random drawing with five (5) competing participants from the raffle bin in the Pool
of the Pro Temp Jury Presiding Judge.
(4) Should the attorney-nominee accept the assignment and another or more attorney-
nominees likewise signify his or their willingness to accept the assignment, his and all their names
will further be raffled together again in a special raffle bin and the first name pulled out therefrom
shall be appointed as Jury Presiding Pro Temp Judge on the case set for trial.
(5) If, at the time of reraffle another criminal case pending in the same court has been set
and ready for jury trial has come to the knowledge of the Clerk of Court and the attorney-nominee
or nominees shall be interested to sit as Pro Temp Jury PJ on such another case, a further reraffle
shall be conducted by the Clerk of Court with among the remaining nominees present on such
occasion to choose the Pro Temp Jury PJ for the jury trial of such other case. If he is a lone waiter,
he shall be assigned to serve as the Pro Temp Jury PJ.
(6) The attorney-nominee or nominees who failed to get the appointment shall further
agree that his, or their, application(s) shall be redeposited back in the raffle bin for future redrawing
on other assigned criminal cases for jury trial in the future.
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Section 34. An attorney performing his duty as a Pro Temp Jury PJ. shall be bound by the
“Code of Conduct and Ethical standards for Public Officials and Employees” according to Republic
Act 6713. It shall be unlawful for such attorney to demand for a fee from any of the parties in which
he has served in his capacity as Pro Temp Jury PJ on their case.
Section 35. Invitation Advertisement for Applicants to the Pro Temp Jury PJ Pool -
(1) To invite applicants to the Pro Temp Jury PJ Pool, the Clerk of Court of his Judicial
District shall post an advertisement in a news paper with a general circulation in the province or city
covering his court jurisdiction. He may likewise post his advertisement in the Bulletin Boards in the
court house where criminal cases are filed or he shall announce in radio or television stations that
are operating in his city or province.
(2) The invitation advertisement shall conform to the prescribed form, known as Form TJ-
107, in Article X, Sections 1 and 2, of the National Jury Law.
CIVIL JURY TRIAL
Section 36. Civil jury trials-
(1) All pleadings and practices under current rules of court shall remain the same including
appeals on an issue, or issues, of law, except that the findings of fact by the jury shall be final and
shall not be subject to review on appeal. The Rules in Form TJ-122 shall serve as a guide in Civil
Jury Trials.
(2) The attorneys representing the respective parties in a civil case shall privately meet jointly
in-chamber for pretrial conference with the presiding judge wherein they shall submit a simplified
format in summary form of their pleadings for approval by the presiding judge for use as instruction
to the jury.
(3) All pleadings and their summaries at the top of each page shall be clearly marked as
“THIS DOCUMENT IS NOT AN EVIDENCE”.
(4) All pleadings and their summaries shall be translated into the local dialect of the jurors.
(5) The same jury oath and instruction in the National Jury Law shall be used for civil jury
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trials, except as to those instructions that are exclusively applicable to criminal jury trials.
(6) The parties may use such principles or forms applicable in the United States Federal
Rules of Civil Procedure provided that they are not in conflict with any Philippine law, rule, or Civil
Procedure.
(7) A Civil Trial Jury shall be composed of twelve (12) jurors and their selection shall be
conducted in the same procedure as in the impaneling of a criminal trial jury. The party obtaining
seven (7) or more votes in its favor shall be the prevailing party. In case of a tie vote, the defendant
shall prevail.
(8) If a civil case involve highly technical issues, not within the grasp of a high school
graduate, the parties may stipulate that the selection of jurors may be limited to college graduates
of any degree. In this event, the civil claim complaint shall state that the summons for jury service
shall so state “For College Graduates Only” for the guidance of citizens in receiving the summons.
(9) The fee of the juror shall be double of the minimum wage and shall be shared equally
by the parties to the case and its total cost shall be estimated and deposited in court when a civil jury
trial becomes unavoidable in the case. In case of a pauper claimant, the defendant shall be required
to make the deposit in court in advance of the estimated total jury fee.
(10) In civil jury trial involving tort cases, the jury shall have the discretion to grant an award
for punitive damages in favor of the prevailing plaintiff in such amount as it may deem reasonable
taking into consideration the aggravating circumstance or circumstances that added to the hardship
of the victim-plaintiff. Use Form TJ-110B, the Charge Sheet, as your guide in formulating a tort
complaint claim for submission to the Jury similar to Form TJ-110D.
(11) The civil trial jury shall reach its verdict by the secret votes of the jurors. No juror is
permitted to force his fellow juror to vote either way. No opinion of the juror during deliberation shall
count as vote until written secretly in his ballot. Before voting to arrive at the jury verdict, the jurors
shall, and must, hold a discussion or deliberation among themselves. They may use the local dialect
of their community in combination with commonly spoken English words if necessary for the jurors
to understand to accomplish their jury job.
(12) Either party may appeal from the verdict in a civil jury trial on the issue of law. The
finding of facts by a trial jury cannot be changed on appeal.
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(13) Civil jury trials shall be conducted in English and simultaneously interpreted by a trained
or expert interpreter from English to the common local dialect of the jurors. Jury instruction shall
be interpreted in the same manner.
Section 37. No person, judge, justice, or any public official, shall order, interfere, instruct,
dictate, or indicate in any manner to any juror or to the jury, in or out of court, which way the jury
shall decide a case at hand. Violation of this law shall render the violator liable for obstruction of
justice with punishment and fine as provided in Article IV, Section 24, of the National Jury Law.
Section 38. No prosecutor, Counsel for the Plaintiff, or Counsel for the defendant shall order,
instruct, interfere, dictate, or indicate in any manner to any juror or to the jury, outside of court or jury
trial, after he has rested his case for decision by the jury. Violation of this law shall render the
offender liable for obstruction of justice with punishment and fine as provided in Article IV, Section
23, of the National Jury Law.
Section 39. Other than the jurors chosen to hear, try and decide by jury a case at hand, no
judge, justice, or any member of his staff in court shall participate in the deliberation of the jury in
arriving at its verdict. Violation of this law shall render the violator liable for obstruction of justice with
reference to Article IV, Section 24, of the National Jury Law.
Section 40. Filing Fee - No civil litigant shall be required to pay a filing fee for his pleading in
court if it shows that he is indigent considering his income from, and security of, his job, and the size
of his family or dependents as shown in the old or customary form of his statement of assets and
liability which must be filed together with his pleadings and his request for waiver of filing fees. In the
event of an award in his favor after trial or appeal, and the award is one hundred thousand pesos
(P100,000.00) or more, he shall be required to pay the required court filing fees which shall not be
more than two (2) thousand pesos (P2,000.), upon filing a request for execution of his favorable
award.
Section 41. Pauper Litigants and Contingent Attorney’s Fee - Notwithstanding any law or rule
to the contrary, any party to a civil case may retain the services of a lawyer whose fees shall be
contingent upon the successful outcome on the matter under litigation. The contingency fee for
attorney’s services shall be no more than one-third (1/3) of the money value of the gross award plus
reimbursement of all expenses paid in advance by the attorney in behalf of his client without interest
charges. Payment of the contingent fee to the attorney shall be tendered and delivered only if the
award has actually been paid and recovered by the winning litigant.
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ARTICLE V
DEFINITION OF TERMS AND COMPLIANCE
Definitions of Obstruction of Justice
Section 1. The acts described in the following sections in this Article, Article V, shall be
deemed acts of “Obstruction of Justice” and shall not exclude other acts of obstruction of justice as
defined elsewhere in the other Articles of the National Jury Law. The duration of penalty of
imprisonment for obstruction of justice shall be four (4) years to seven (7) years unless a specific
length of time of imprisonment in jail has been stated and defined in a particular provision found
elsewhere of the National Jury Law.
Section 2. Preventing witnesses from testifying in any criminal or disciplinary proceeding
or from reporting the commission of any offense or the identity of any of its offender/s by means of
bribery, misrepresentation, deceit, intimidation, force or threats, demotion in rank, title or position in,
undue influence, or termination or dismissal from his customary occupation or employment in the
government;
Section 3. Altering, destroying, suppressing or concealing any paper, record, document,
or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence
in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of,
or official proceedings in, criminal cases;
Section 4. Harboring or concealing, or facilitating the escape of, any person he knows,
or has reasonable ground to believe or suspect, has committed any offense under existing penal
laws in order to prevent his arrest, prosecution and conviction;
Section 5. Publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and other personal
circumstances for the same purpose or purposes;
Section 6. Delaying the prosecution of criminal cases by obstructing the service of
process or court orders or disturbing proceedings in the prosecutor or fiscal's offices, in the
Ombudsman office, in the National Bureau of Investigation’s office, or in the courts;
Section 7. Making or presenting an oral statement or testimony under oath or using any
record, document, paper or object with knowledge of its falsity and with intent to affect the course
or outcome of the investigation of, or official proceedings in, a criminal case before a grand jury or
a crime investigating body or a trial court.
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Section 8. Soliciting, accepting, or agreeing to accept any benefit in consideration of
abstaining from, discontinuing, or impeding the prosecution of, a criminal offender;
Section 9. Threatening directly or indirectly another with the infliction of any wrong upon
his person, honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in, criminal cases,
or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in
the investigation of or in official proceedings in, criminal cases;
Section 10. Giving of false or fabricated information to mislead or prevent the law
enforcement agencies from apprehending the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered in confidence by investigating authorities
for purposes of background information and not for publication and publishing or disseminating the
same to mislead the investigator or the court.
Section 11. Contacting by a lawyer or an associate or friend of such lawyer with a public
official for the purpose of securing the influence of such public official to communicate with a judge,
or presiding judge in a bench or jury trial or a juror to obtain a judgment or verdict in favor of his
case.
Section 12. Active or passive co-operation of an employer, job supervisor or co-employee
with any person or public official to influence the decision of its employee, subordinate or
co-employee who is serving as a juror on a matter being tried in a jury trial.
Section 13. Failure of a juror to comply with his mandatory duty to report within thirty (30)
days to a grand jury from the date of his receipt of any direct solicitation or request from any person,
public official, his employer or job supervisor or co-employee asking such juror to make a decision
over a case he is sitting as juror in favour of the soliciting person, public official, his employer or job
supervisor or co-employee.
Section 14. Failure of an employer, job supervisor, or co-employee of a juror to comply
with his mandatory obligation within thirty (30) days from the receipt by such employer, job
supervisor, or co-employee to report to a grand jury of any solicitation from any person or public
official with the view of influencing such juror, or a judge, in making his decision over a case he is
sitting in a jury trial or a bench trial.
Section 15. A decision by a juror in a jury trial based on a solicited decision by any
person, public official, employer, job supervisor or co-employee regardless of whether such juror has
received a bribe or not, or intentional failure or refusal to write in his vote in the jury ballot for a jury
verdict.
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Section 16. Failure of a presiding judge in a bench trial or jury trial of his mandatory
obligation to report to a grand jury within thirty (30) days of his receipt of a solicitation or request from
any person or public official with the view of influencing the decision of a case in his court or of the
jury over whom he is presiding.
Section 17. Failure of a government prosecutor to comply with his mandatory duty to
commence within three (3) days from the date he received notice of the filing of a government
criminal accusation of the act of securing the grand jury indictment by submitting to the grand jury
all documentary proof of court filing and every prima facie evidence of a crime with the information
whether the accused is in the custody of the government or not arising from a criminal accusation
that has been originally filed in court by the government.
Section 18. Disobedience by any public official or person of a writ of amparo, writ of
habeas corpus, or writ of habeas data issued by the Supreme Court, Court of Appeals,
Sandiganbayan, Regional Trial Courts, Metropolitan or Municipal Trial or Circuit Courts and Shari’a
District or Circuit Courts, or Justice of the Peace Court.
Section 19. Disobedience by any public official or person of a subpoena, subpoena
duces tecum or summons issued by the Ombudsman, Commission on Audit, Commission on
Elections, Civil Service Commission, Commission on Human Rights, through their deputies, in
matters within their respective jurisdictions to investigate.
Section 20. Intentional failure of a person or witness of his obligation to tell the truth in his
testimony before a grand jury.
Section 21. Disclosure to another person or public official, or failure by a witness, also
known as “invitee”, to comply with his legal obligation to strictly keep in secrecy of his receipt and
possession of a subpoena, subpoena duces tecum, or summons, issued by a grand jury to appear
as a witness before such grand jury. Disclosure by the witness to his personal attorney specifically
for confidential legal consultation shall not be a violation of this prohibition and the attorney under
no condition, and with pain for disciplinary action by disbarment, shall disclose to anyone such
confidential consultation.
Section 22. Disobedience or refusal by any person or public official to testify before a
grand jury by disregarding his receipt of a subpoena, subpoena duces tecum, or summons issued
by such grand jury.
Section 23. Preventing by any person or public official of a witness from testifying before
a grand jury who has received a summons, subpoena or subpoena duces tecum from the grand jury
by any means of aiding such witness to leave the country or by detaining such witness for any
purpose.
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Section 24. Termination, demotion in rank or position or relocation of employment of a
witness who has received a subpoena, subpoena duces tecum, or summons from a grand jury or
who testifies or has testified before such grand jury and such termination, demotion in rank or
position or relocation of employment has been initiated by an employer, or superior public official,
member of a board of directors or trustees of a corporate entity, quasi-government entity or
government owned or controlled corporation.
Section 25. Refusal by a witness who is a giver or an offer or in the crime of bribery to
testify before the grand jury against the recipient of his bribe in which such witness has been granted
full immunity from prosecution when such grant of immunity has been stated in the subpoena,
subpoena duces tecum or summons issued by such grand jury upon the witness.
Section 26. Interference or participation in court or from elsewhere by telephone, email
communication, or by any electronic device by any person or public official in the impaneling of jury
members for a jury trial other than the presiding judge, government prosecutor, and the defense
attorney.
Section 27. Failure of a trial presiding judge in a jury trial to comply with his mandatory
duty to report to the grand jury within thirty (30) days of the act of interference or participation of any
person or public official in the impaneling of the jury members on a case for jury trial before his court
room.
Section 28. Failure of a subordinate officer or employee in the public service to perform
his mandatory duty within thirty (30) days of his knowledge to secretly report said knowledge to a
grand jury for investigation of an act or omission defined as obstruction of justice by his superior
officer or co-employee.
Section 29. Failure or neglect of a police or military officer to comply with his personal
mandatory obligation to provide preference of protection to a citizen who is serving as a juror in a
grand jury or trial jury proceeding over and above the safety of any public official from physical injury
or psychological harm or death from an imminent peril within the jurisdiction of command of said
police or military officer. Said officer need not be in his official uniform at the time the perilous
situation was taking, or about to take, place.
Section 30. Omission, deviation or alteration by the presiding judge in the reading or
issuance of the statutory basic jury instruction of the National Jury Law with the intention of giving
undue favor or disfavor, or advantage or disadvantage, to a party or witness in a jury trial.
Section 31. Failure or refusal by a presiding judge to comply with his mandatory duty to
report to the grand jury within thirty (30) days of the dismissal of a criminal case before his court for
the reason that the prosecutor failed to prepare in the presentation of his evidence or for presenting
a procured affidavit of desistance from the complaining witness or victim at the scheduled firm
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commencement date of the jury trial of his case.
Section 32. Surreptitious attendance or intrusion in the formation proceedings of a grand
jury by any person or public official or government employee or permission by a clerk of court or
presiding judge to allow such person or public official or government employee to observe the said
grand jury formation proceedings.
Section 33. The arrest or detention of a person with or without cause who is a juror in a
grand jury or trial jury while reporting to and from between his place of jury duty and his residence
by any police agent or by any other person including his instigator whether public official or not in
violation of this provision of the National Jury Law shall be liable for indictment of obstruction of
justice by the grand jury.
Section 34. Purposely delaying by a vehicle driver or operator in delivering a juror whom
he has provided a ride, whether paid or as a courtesy passenger, to a juror in delivering such juror
to, or by deviating from, the general direction of his intended travel to the court, such driver or
operator shall be liable for indictment for obstruction of justice by a grand jury.
Section 35. An open announcement by a driver or transportation operator by means of
a visible placard in his vehicle to the effect that he is a provider for a courtesy ride for a juror or jurors
along the way to their destination courts is hereby prohibited. Violation of this provision shall be
punishable as an act of obstruction of justice. The driver or operator of such vehicle and its
passenger juror are hereby forbidden to talk with each other on any subject matter that may be
related to the case for jury trial and for which such passenger has been summoned to serve for jury
duty. Violation of this rule shall subject such vehicle driver or operator and such passenger in his
vehicle liable for indictment by the grand jury for obstruction of justice.
Section 36. Failure of a person to appear to testify as a witness in a civil or criminal trial
before a court of law who has been properly served and has received, upon proof of his receipt of
a summons or subpoena or subpoena duces tecum at the instance of the complaint of a requesting
party for the appearance of such witness in the referenced scheduled trial.
Section 37. Willful refusal or failure of a person, public official, or an official of a
responsible party by the use of an illegal or dilatory act or acts or act of defalcation of funds or
property by such person, public official, or official of a responsible party to prevent the
implementation of a civil or criminal duty to perform, or settle, upon a court order or jury verdict that
has become final and executory.
Section 38. Departure from the Philippines by a person or public official for a foreign
jurisdiction or country for any purpose knowing that he has committed a criminal offense that is
punishable by imprisonment in jail for a period of one year or more regardless of whether such
departure has been authorized or ordered, or not, by any official of the government. Any person or
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public official who shall issue such authorization or order for the departure of such crime offender
under investigation, knowing or having been informed of the crime or possible crime he has
committed, shall be similarly liable for the commission of, and imprisonment for, the crime of
obstruction of justice.
Section 39. Suppression by, or failure of, a government or private prosecutor or fiscal,
or by a presiding judge in conspiracy with such government or private prosecutor or fiscal, to disclose
to the accused or his defense counsel, if represented, any exculpatory evidence in his possession
in favour of the accused prior to, or during, the jury trial.
Section 40. Public display or parading of a crime suspect as a publicity exhibit prior to
conviction in any manner by any person or public officer in custody of the crime suspect shall
constitute obstruction of justice and a violation of his right to constitutional innocence and human
rights. He shall be entitled to claim moral damages in the sum of two hundred thousand pesos
(P200,000.00) jointly and severally against such person or officer and the government entity such
person or officer represents in addition to fine and imprisonment for obstruction of justice.
Subsequent conviction or acquittal of the crime suspect shall not extinguish the civil and criminal
liabilities of said person or public officer and the public entity he represents prior to the conviction
or acquittal of the crime suspect. In the event of death of the crime suspect, his heirs shall have the
power to pursue his claim.
Section 41. Forcing a crime suspect to confess his alleged crime by any person or public
officer through torture or any forceful means in which case the penalty for such obstruction of justice
shall be seven years and one day to ten years and one day. Such crime suspect shall be entitled
to claim moral damages in the sum of two hundred thousand pesos (P200,000.00) jointly and
severally against such person or officer and the government entity such person or officer represents
in addition to fine and imprisonment for obstruction of justice. Subsequent conviction or acquittal of
the crime suspect shall not extinguish the civil and criminal liabilities of said person or public officer
and the public entity he represents prior to the conviction or acquittal of the crime suspect. In the
event of death of the crime suspect, his heirs shall have the power to pursue his claim.
Section 42. Failure of a lawyer or lawyers of the president in attending at the scheduled
firm trial date of the president who has been criminally indicted by the Grand Jury. In addition for
conviction of obstruction of justice, such a lawyer or lawyers shall be disbarred from the Roll of
Attorneys.
Section 43. Disclosure or publicity of additionally discovered evidence or names of
witnesses to any person or member of the media by a government prosecutor, or his successor, in
pursuing to trial in his charge a matter relating to a grand jury indictment.
Section 44. Preparation by, or dictation of, an attorney in making an affidavit of desistance
contrary to the intended will of the affiant victim or witness.
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Section 45. Conversation by an attorney with a trial juror on duty on any matter outside
the jury trial proceedings while a case at hand is still in progress prior to the reading of the jury
verdict in said case. If the attorney is a counsel to any party to the case at hand, such attorney shall
be liable for disbarment in addition to the penalty for obstruction of justice.
Section 46. Failure of the lead attorney or counsel of the president to attend a firm date
of trial when the president is on trial before a trial jury upon the indictment by a grand jury shall be
liable for the crime of obstruction of justice on complaint by any citizen or any member of the media
before such grand jury.
Section 47. The act of filing by any person of a preemptive impeachment complaint in
Congress against the convicted president with the view of protecting such president from being
impeached or any public official who is removable by impeachment as a result of his conviction in
accordance with the National Jury Law shall be deemed an act of, and shall render such person
criminally punishable for, obstruction of justice.
Section 48. The act of preventing or discouraging, in any manner, a citizen who has
receive a summons for jury duty from serving as a juror in a jury trial or the confiscation of the
summons to such citizen for jury duty to prevent said citizen from fulfilling his duty to serve as a trial
juror shall be criminally punishable as an act of obstruction of justice.
Section 49. The act of disclosing or gossiping about a grand jury investigation by any
witness who has received a grand jury summons or who has testified before said Body shall be liable
for the crime of obstruction of justice.
Section 50. The act of knowingly participating in any sham or mock judicial trial, hearing
or proceedings for the purpose of harassment shall be criminally punishable as an act of obstruction
of justice. This provision shall not apply to classroom or televised drama proceedings for educational
purposes.
Section 51. Filing a complaint before a prosecutor's office or before a grand jury or before
a court of law knowing that such act is based on a completely false allegation of facts for the purpose
of harassing, or intimidating, or threatening, or punishing, to prevent or discourage another from
performing a lawful activity shall be criminally punishable as an act of obstruction of justice.
Section 52. Any lawyer who shall provide legal assistance in committing the act or acts
described in the immediate preceding Section 50, or Section 51, knowing that the action of his client
is a total falsity, shall likewise be held liable for the crime of obstruction of justice and penalty of
imprisonment.
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Section 53. Any member of a grand jury who shall be criminally liable for committing the
crime of bribery shall be deemed a public officer as defined in Article 210 of the Revised Penal Code
of the Philippines. However, no indictment against such member of the grand jury shall be filed in
court, until his term of grand jury service shall have already expired.
Section 54. The act of any indicted government official referred to in Article III, Section
74 in refusing to be taken into government custody by an arresting officer after such arresting officer
has announced the execution of an arrest warrant upon such indicted government official shall be
criminally punishable as an act of obstruction of justice and penalty of imprisonment in addition to
such other crimes he may have committed.
Section 55. Violation of the prohibited acts in Article I of this Law shall subject the violator
liable for the crime of obstruction of justice and penalty of imprisonment as the context of the
provision in said Article demands imperative obedience.
Section 56. Any surreptitious act of giving a false testimony or official report by an
investigator, or by the supervisor of such investigator, of a crime to prevent or suppress further
investigation of the crime, or to prevent the prosecution of a person believed to be the probable
responsible offender of a crime, or to cover-up the commission of a crime, punishable by
imprisonment in jail regardless of the prescribed period of incarceration of such crime shall be
punishable by imprisonment and fine as an act of obstruction of justice.
Section 57. Interference and intrusion in any manner by a jury presiding judge, or by a
member of his office staff, or by either the prosecuting attorney or the defense attorney, after the
case at hand has submitted to the jury for jury deliberation and decision upon the trial jury or upon
a jury member or members during the process of jury deliberation in reaching its jury verdict shall
be punishable by imprisonment and fine as an act of obstruction of justice.
Other Definition of Terms In the National Jury Law.
Section 58. “Employer” shall mean any natural person who hired the juror to perform a
certain job with, or without, pay for the former’s personal affairs or business regardless of
permanence or length of time of employment for such person;
Section 59. “Job supervisor” shall mean any person towards whom the juror receives
instructions in executing his job at any given time or location. It likewise includes a member of a
board of directors or trustees of a corporation, government owned or controlled corporation or
quasi-public corporation as well as a public official who may be a supervisor over a juror who is an
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undisclosed subordinate employee in the organization of such supervisor.
Section 60. “Co-employee” shall mean any person with whom the juror is employed in the
same employer or organization of any nature or purpose.
Section 61. “Public official” or “public officer” as used in the context of the National Jury
Law means any person who holds an employment or activity, mentally or manually, in the public
service or any instrumentality or branches of the Republic of the Philippines including government
owned and controlled corporation or quasi- government corporation, by election, written or verbal
appointment from another public officer or from a private citizen or usurpation of office by an
impostor, regardless of position, title, rank, amount of compensation or intended length or
permanence of service.
Section 62. “Public service” is any function or activity, mental or physical labor, by any
person for the operation of any instrumentality or branches and level of the government of the
Republic of the Philippines including service in government owned or controlled corporations and
quasi-government corporations.
Section 63. Debarment -
(a) Any person with a professional license in the Philippines when found guilty of
obstruction of justice, or of crimes in violation of the Anti-Graft Law, the Anti-Money Laundering Act,
or Crime of Plunder in a jury or bench trial shall lose his right or privilege to engage or practice his
profession. If he is an unlicensed professional, he shall further be barred from aspiring to hold a
public or government position or office including but not limited to government owned or controlled,
or government-quasi, corporation.
(b) Any government authority or commission in charged of evaluating the qualification of
any person aspiring to hold a public office by election or by appointment or by promotion shall
require such aspirant to submit his Statement of Assets, Liabilities and Network, or SALN, to such
government authority or commission for publication, at the personal expense of such aspirant, in
a newspaper with general circulation in the geographical jurisdiction such person shall serve office
when elected, appointed, or promoted.
(c) If it is shown in his SALN that such aspirant owes the government for taxes or
unliquidated money or property allowances or advances for any reason, or if it appears that any of
the information in his SALN is found untruthful, or falsified, upon due notice and hearing before, and
found such fact of untruthfulness and falsification by, such government authority or commission, said
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government authority or commission shall issue an order to disqualify such aspirant from proceeding
with his election, appointment, or promotion to a public office or position.
(d) Failure of the government authority or commission to obtain the SALN of the aspirant
to a public office shall cause the Grand Jury to initiate action to investigate violation of the Code of
Conduct by the officers and employees of said government authority or commission as established
by Republic Act 6713.
Section 64. Right of subrogation and monetary reimbursement of criminal and civil liability
in favor of the government over, and from, acts of public official - Notwithstanding any existing law,
statute, decree, or rule to the contrary, any monetary award or judgment in favor of a plaintiff in a
criminal or civil case against a public official or employee arising from the unlawful act or acts of such
official or employee in the course of the performance of his official duties, shall be satisfied as
follows:
(a) Such monetary award or judgment shall be charged and paid in advance within thirty
(30) days from the finality of award or judgment to the prevailing litigant against any public funds
budgeted or allotted to the office, bureau, commission, government branch or department or
government instrumentality, government owned or controlled corporation or quasi-government
corporation of which the losing party is employed or has the authority to supervise provided that the
said related government instrumentality or entity is likewise sued as a co-defendant of the losing
party in the same criminal or civil action.
(b) Any public official or employee who shall delay the payment of the monetary award or
judgment to the prevailing party as required in the foregoing subsection (a) above shall be liable for
the crime and punishment of obstruction of justice upon the instance of such prevailing party or his
conservator, or estate in case of death.
(c) The paying government entity shall have the absolute right of reimbursement from the
private funds of such public official or employee including from his salary, retirement benefits, and
his other emoluments by reason of his official position by election or by appointment, directly or
indirectly, and from his private business or enterprise, or of his estate in the event of his death, until
fully paid regardless of the location of his assets and funds in the Philippines or in other countries
with the assistance of the Philippine Consulate office in such other countries.
(d) The monetary liability of such public official or employee herein shall not prescribe and
shall not be extinguished by his act, or act of his heirs, of filing a petition for insolvency or bankruptcy
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before any court of law.
Section 65. Obstruction of Justice after the fact - Reckless negligence or intentional failure
of a person, government employee, officer, or official, by reason of his position, title, or rank by
appointment or by election to a public office in the national or local government unit or
instrumentality, armed or police services, including government owned or controlled, or
quasi-government corporation under the control or supervision of his position, title, or rank to report,
or to continue to report, to the grand jury the commission of a serious crime that occurred prior to
his assumption of his position, title or rank shall be punishable as an act of "Obstruction of Justice
after the fact". If the failure to act is the result of his grossly reckless neglect, the penalty shall be
imprisonment in jail for 3 to 5 years, and if the failure to act is intentional, the penalty shall be
imprisonment in jail for 5 to 7 years, plus forfeiture of all benefits from public service and perpetual
disqualification from holding any public office in either degree of such failure to act.
(Continued to Article VI)
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ARTICLE VI
NATIONAL JURY MANAGEMENT AUTHORITY
Section 1. A unified judicial entity is hereby created by this Law with authority to establish
the Rules and Management of the National Jury Law.
Section 2. This Entity shall be named as the “National Jury Management Authority ” and
may be known in brief as the “NJMA”. Its complete attributes, powers and prerogatives are further
defined in Article XI of the National Jury Law.
Section 3. Procedures on How to Start and Conduct The Jury Trial -
To enable the courts around the country to start trial by jury, a Statutory Basic Jury Trial
Instruction has been set up on prescribed form, Form TJ-108, as an integral part of the National Jury
Law and Procedures, and ready for use upon the passage and approval by the people through the
people’s initiative process under Republic Act 6735. The NJMA may update said Form TJ-108 for
further improvements.
(a) This Jury Instruction shall be extemporaneously interpreted into the local dialect by a
trained jury trial court interpreter in the course of a jury trial.
(b) A translation of this Jury Instruction in the common local dialect shall be posted in a
bulletin board in the Jury Assembly Room for optional pre-reading by incoming jurors and shall be
published, once every five (5) years by the Jury Commissioner or Clerk of Court, in a newspaper
with general circulation in each province and city around the country for the education of the people
of their rights and obligations in justice.
(c) Upon completion of the impaneling of the jury and swearing in of the jurors, the
Presiding Judge of the Jury shall promptly issue and read the Statutory Basic Jury Trial Instruction
on Form TJ-108.
(d) No presiding judge shall be allowed to omit, deviate, or alter the text in issuing the said
instructions to prevent giving undue favor or disfavor, or advantage or disadvantage to any party or
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witness to a case. A violation of this rule shall hold such judge criminally liable for obstruction of
justice upon investigation and indictment by a grand jury in addition to administrative disciplinary
action for removal from the bench and disbarment for such omission, deviation or alteration of this
rule upon complaint by an aggrieved party or any person for such deviation against the violator.
(e) Oath of Impaneled Jurors - Upon completion of the reading and issuance of the SBJTI,
the Jury Presiding Judge shall stand and require the jurors to do the same and ask to raise their right
hand. He shall then administer their oath by the following statement:
"Members of the jury: Do each of you swear by Almighty God, or affirm
solemnly, faithfully, and truly declare that you will try the case before you to
the best of your ability and give your verdict according to the evidence?"
And each juror shall respond: “I do.”
(f) After the impaneled jurors have taken their oath, the Jury Presiding Judge shall
thereupon announce the sequence of the presentation of the evidence in the Jury Trial. Generally,
the format of presenting the evidence in the jury trial shall be similar to the presentation of the
evidence in a bench, or solo judge, trial. Each witness shall be instructed to face the jury in the
course of giving his testimony.
(g) The Jury Presiding Judge shall then call on the Prosecutor to state his opening
statement for the trial of the accused with the reminder to the jury that the opening statement is not
an evidence and that it is only intended as an outline of the case that the jurors are about to hear.
In his opening statement, the prosecutor is not allowed to show any exhibits. Any exhibit shall be
shown in the course of the giving of the testimony of a witness in the witness stand.
(h) No opening statement of the Defense attorney shall be required.
(I) After the prosecutor’s opening statement is done, he shall, thereupon, announce to
the Presiding Judge and to the Jury that he is now calling is first witness to sit in the witness chair.
The witness shall be sworn in and to whom he shall thereafter begin to ask his direct examination
or questions. During this process, the prosecutor shall present his exhibits for identification by his
witness and he may further ask questions on items or statements on each exhibit for needed
clarification on such items or statements.
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(j) Cross examination on the witness of the prosecution by the attorney of the accused
shall promptly follow after the direct examination by the prosecutor is completed.
(k) After all the witnesses of the prosecution have been examined by direct and cross
examination by the respective counsels in the case at hand, the attorney for the prosecution shall
then announce to the Presiding Judge and to the Jury that he has no further questions to ask, and
no other witnesses or exhibits to present.
(l) The accused shall thereafter be entitled to present his evidence for his defense
through his attorney. If the accused strongly feels that he may be found guilty and communicates
to his defense attorney of his desire to enter a “guilty plea”, his wish shall be respected. This process
shall be held confidentially in chamber with the presiding judge and strictly away from the
knowledge and hearing of the jury. If it appears that the accused is positively determined to enter
a guilty plea, a recess for the jury shall be ordered by the presiding judge with the further order for
the jury to come back on the third day. The jury or any juror shall absolutely not be informed
anything about the plea bargaining efforts. If the accused pleaded guilty to the crime or crimes
charged against him, the presiding judge shall inform the jury about such guilty plea and he shall
give thanks and discharge the jurors for their attendance in court. A court sheriff shall then lead the
jurors to the Jury Commissioner who shall attend in making the payment for their jury fees and given
their noon time meal at the Jury Assembly Area before final discharge. The Jury Commissioner shall
likewise provide the jurors with their Transport Ticket, Form TJ-131, in going back home.
(1) The attorney for the accused shall then negotiate with the prosecutor for a minimum
penalty of imprisonment for his client. If the accused is charged with two or more criminal offenses,
the minimum penalty for the most serious crime charge against him shall be granted. The presiding
judge shall have no authority to order reduction or increase on the penalty of imprisonment that has
been agreed upon between the prosecuting attorney and the accused through his defense attorney.
(2) The Plea Bargaining process shall be governed by the provisions of Article VII,
Sections 2 through Section 11 of the National Jury Law and the accused shall be required to prepare
and execute Form GJ-51 in Article III, Section 99, and Form TJ-134, Article X, Section 2, of the
National Jury Law.
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(3) If it appears that the accused is liable to pay for probable compensatory damages
suffered by the victim or victims and monetary penalty fines, in addition to the penalty of
imprisonment as shown by the evidence so far as presented by the prosecution, the judge shall have
no power to approve or accept the guilty plea unless the funds for the compensatory damage to
indemnify the victim or victims and monetary penalty finds shall have been paid with a bank
manager’s certified check payable and delivered to the victim or victims within three (3) days
counted from the first day that the accused offered to enter a guilty plea in accordance with the
requirements of Article VII, Section 6(a) and 6(b) of the National Jury Law.
(m) If within three (3) days, excluding Saturday, Sunday, and Holiday, the accused fails
to come up with his funds to pay in full of the amount due from him to comply with the condition of
his guilty plea, the jury trial shall absolutely proceed promptly as if no attempt of guilty plea has been
proposed. The Presiding Judge shall have no power to grant continuance of the jury trial beyond
the three (3)-day recess period granted under this sub-section.
(n) Thereupon, the accused through his attorney shall be compelled to present his
evidence for his defence by calling upon his first witness and presentation of his exhibits, if any,
subject to the cross examination by the prosecutor. Such witness shall be sworn before starting to
give his testimony
(o) The defense attorney shall call other witnesses and present his exhibits and likewise
shall be subject to cross examination by the prosecuting attorney. After presenting his last witness
and duly cross examined by the prosecutor, the defense attorney shall inform the presiding judge
and the jury that he has no further witness or exhibits to present and he has no further questions
to ask.
(p) Thereupon, the prosecutor shall state his closing arguments to support the accusation
against the criminal defendant. Thereafter, the defense attorney shall likewise state his closing
arguments for the acquittal of the accused stating his strongest evidence to support his position.
Both parties shall be allowed to revisit their exhibits and show to the jury.
(q) Each of the opposing attorneys should endeavour to present their closing arguments
in a chronological sequence of events leading to the indictment of the accused for the easy
understanding of the jury on their respective positions.
(r) The Jury Presiding Judge shall thereby advise both counsels to refrain from personal
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attacks against each other. Their arguments must solely be concentrated on the merits of their
respective evidence on the case.
Section 4. Submitting the case to the Jury for deliberation and decision - Upon
completion of the closing arguments of both the Prosecution and Defense attorneys, the Presiding
Judge shall promptly submit the case at hand to the Jury. For this purpose, Form TJ-111 shall be
used as a guide by the Jury Presiding Judge, and by the Prosecution and Defense Counsels in
submitting the case to the Jury.
(Continue on Article VII in the next page)
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ARTICLE VII
MANDATORY TRIAL BY JURY
AND EXCEPTIONS
Section 1. Trial By Jury shall become mandatory upon the effective date after the
passage of this Jury Law on all crimes punishable with imprisonment in jail by one (1) year or more,
referred to herein as “Serious Crimes”, provided that the requirements in sub-sections (a), (b) and
(c) below are complied with. Crimes punishable by less than one (1) year of imprisonment in jail may
be tried by bench trial before a trial judge if preferred by the crime suspect which he shall have
chosen immediately after he entered his “Not Guilty” plea.
(a) The criminal charge against the accused has been approved by the grand jury in the
form of an indictment;
(b) No arraignment of an accused shall be administered unless the accusation against
him has been approved by the grand jury in the form of an indictment;
(c) No accused shall be compelled to stand trial by jury unless the accusation against him
has been approved by the grand jury in the form of an indictment.
(d) Any judge, or a prosecutor, or a defense attorney, shall be liable for the crime of
obstruction of justice who shall conspire to administer the arraignment of the accused in violation
of the forgoing rule wherein the accused shall have been allowed to plead guilty to a criminal charge
without prior grand jury approval of his indictment to obtain an extremely undeserved lesser penalty
for his atrocious criminal act or acts to the victim or society.
(e) If the accused shall enter a guilty plea on his arraignment, the requirements in Sections
2 through 11 of this Article, Article VII, shall be strictly complied with.
Section 2. In the event of a plea bargaining for the purpose of securing a lesser penalty
of imprisonment for the accused, no presiding judge or any public official or any other person or
persons shall be involved in the plea bargaining process, except the prosecution and defense
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counsels. Regardless of the atrocity of the accused in committing his crime, no penalty of death
shall be imposed upon him upon pleading guilty to the crime or crimes charged against him.
Section 3. Any person, public official, or judge, except the prosecution and defense
counsels, who shall interfere, directly or indirectly, in the plea bargaining process shall be guilty of
the crime of obstruction of justice.
Section 4. The role of the presiding judge shall be ministerial for the purpose of recording
the guilty plea of the criminal defendant upon full compliance of all requirements under this Article.
Section 5. Conditions for acceptance by the presiding judge of a guilty plea of the
accused -
(a) Before an accused, or criminal defendant, is allowed to enter into a plea bargaining
agreement, he must, under penalty of perjury, be required to file:
(1) A verified statement of his assets, liabilities and networth (SALN) regarding his financial
standing in accordance with the prescribed Form GJ-51 in the Table of Grand Jury Forms in Section
99, Article III, of this Jury Law ; and
(2) A list of name or names of the person or persons to whom he may have given or
consigned to, which actually is, or are, a part or portion of the listed assets with its, or their,
corresponding monetary values. Such statement shall include all assets he received from the date
he entered public service, minus the total value of his regular salary and legal money allowances in
the entire period of time he has serve in the government, if he is an official or employee of any
government instrumentality, up to the date he enters his plea.
(3) A statement of a life-time waiver to his anti-disclosure rights on his bank account
deposits to, withdrawals and payments from, any existing opened, and/or future created, bank
accounts in the Philippines and/or in any other country. The form of the waiver shall comply with
the prescribed Form TJ-134 for this Jury Law. This waiver shall expire upon full payment of all
moneys owed by the convicted offender as a condition for the acceptance and approval of his guilty
plea by the presiding judge of his case under this Article. Partial payment by the criminal defendant
in this matter shall not change the effectivity and terms and conditions of said waiver.
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(b) If upon investigation, it is shown that he, the accused, falsified his statement of
assets, liabilities and net worth, including distribution of assets, and name or names of recipient or
recipients thereof, as well as unjustified amount or amounts of banking activities in reference to his
bank accounts in the immediately preceding sub-paragraph (3), his plea for reduced penalty of
imprisonment shall be disapproved, or revoked if the falsity is discovered after his plea and he shall
further incur criminal liability of imprisonment for the crime for obstruction of justice.
Section 6. No presiding judge has the power to approved a plea bargaining agreement
unless the accused, or criminal defendant, shall have fully paid with a certified bank manager’s
check, and actually delivered to, and received by, their respective payees, the following items:
(a) To the victim or victims of his crime for compensatory indemnity damages suffered
by the victim or victims; and
(b) To the National Government Treasury for penalty fines imposed upon the accused
for the cost of administering justice arising from the criminal act or acts of the accused.
Section 7. The civil liability of, including monetary penalty fines imposed upon, the criminal
defendant in the event of his conviction in a jury trial, as determined by the court, or adjudged
against him in a separate civil action, shall not be extinguished by his action for insolvency or
bankruptcy and shall not be subject to any prescriptive period of collection from him or his estate in
the event of his early demise.
Section 8. If the accusation against the criminal defendant consists of two or more crimes,
he shall be required to serve no less than the minimum penalty of imprisonment imposed on the
most serious crime charged or the maximum penalty of the lesser serious crime charged against
him, whichever imposes the longer period of penalty of imprisonment, as part of the condition in the
plea bargaining agreement with the criminal defendant.
Section 9. If a criminal defendant is allowed to plead guilty to a lesser offense and allowed
to post bail, he shall be required to surrender his passport to the court. Failure of the prosecutor or
presiding judge in requiring compliance of this provision wittingly or negligently shall render such
prosecutor or judge criminally liable for obstruction of justice upon investigation and indictment by
a grand jury.
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Section 10. A criminal defendant, or the accused, in a crime punishable with a maximum
penalty of less than one (1) year of imprisonment may be tried without a jury unless the accused
demands for such trial by jury and, if so demanded, no increase in penalty of imprisonment or fine
shall be imposed upon him if found guilty by the jury. The foregoing sections 2, 3, 4, 5, 6, 7, 8 and
9, shall likewise apply to the civil liability and imprisonment penalty of the criminal defendant under
this section.
Section 11. If the accused is found guilty of any of the crime or crimes he has been
charged with and the total amount assessed against him in Sub-Sections (a) and (b) in Section 6
of this Article, Article VII, shall have amounted to one hundred thousand pesos (P100,000.00), or
more, in Philippine currency, his preparation and execution of Form GJ-51 in Article 99, Section 2,
and Form TJ-134 in Article X, Section 2, of the National Jury Law shall become mandatory. If he
fails or refuses to comply with this requirement, he shall be liable for the crime of obstruction of
justice and the penalty of imprisonment of fifteen (15) years in jail shall be imposed upon the
accused without the possibility of parole.
(Continued to Article VIII)
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ARTICLE VIII
QUALIFICATION FOR
TRIAL JURY MEMBERSHIP
Section 1. Requirement for Trial Jury Membership:
(a) No person shall be chosen to serve as a juror in a trial jury unless such person is acitizen of the Philippines and resident of the congressional district in which he shall be chosen asa juror. He must be at least 21 years of age, possesses an average intelligence, high schoolgraduate or its equivalent of an informal education or training. In civil jury trial, the parties maystipulate to require that the educational qualification of the jurors be a college graduate consideringthe degree of complexity of the case and in such event, the jury fees to the jurors shall be doublethe rate of the minimum wage.
(b) No person shall be rejected to serve as a juror in trial jury on the basis of his ethnicity,creed, color, gender, marital or financial status in the community.
(c) A person who is obviously suffering from insanity, imbecility or mental incapacity shallnot be permitted to serve as a juror.
(d) Unless specifically disqualified in this law to serve as a juror, lack of any legaleducation or knowledge of law shall not excuse any citizen for disobedience to a summons for juryduty and shall be subject to contempt of court for refusing to serve his jury duty.
Section 2. No public official or any person serving in any government entity or branch ofgovernment service, office, or commission, police or armed services, or government ownedcorporation or quasi-government entity or a relative by blood or affinity within the first and seconddegree or household servant of such public official or person shall qualify as a juror in trial jury. Nolawyer or a person with comparable knowledge of law shall be seated in a trial jury and no suchlawyer shall be allowed to claim ignorance of this rule.
Section 3. No public official or any person shall have the right to demand upon a jury orany of its members for an explanation, written or verbally, from its verdict or judgment pursuant tothe concept that “a servant has no power to demand for any reason from the decision in good faithof his master.”
Section 4. No person who has been separated or retired from public service in thegovernment shall be seated as a juror in either juries until the lapse of twenty four (24) months fromthe date of his separation or retirement from public service.
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Section 5. No person who has been convicted in court for a crime involving moral turpitudeincluding any other crime punishable by imprisonment of one (1) year or more in jail shall be seatedas a juror.
Section 6. No person who is a datu, bai, or a sultan or a member of a royal clan or rulingfamily, or any person who claims to be a datu, bai, or sultan or member of such royal clan or rulingfamily shall qualify to serve as a juror in a trial jury.
Section 7. No citizen shall be served with summons for jury duty more than once eachyear regardless of whether such juror is seated or not in a jury trial.
Section 8. Regardless of whether the juror who reported for jury duty has been seated ornot in a jury trial, he shall be entitled a full day juror's fee.
Section 9. The rate of the trial juror's fee shall be equivalent to the minimum wage ofgovernment employees in the locality where the citizen shall be serving his jury duty.
(Continued to Article IX)
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ARTICLE IX
FUNDING THE JURY SYSTEM,SECURITY, AND RELATED MATTERS
Funding The Jury System
Section 1. Congress shall appropriate funds in such amount recommended by the National
Jury Management Authority for the operation of the jury system. The term “Government” or phrases
“responsibility of the government” or “shall be paid for by the government” shall refer to the Republic
of the Philippines, unless clearly used in a different context.
Section 2. Additional Funding for the Jury System-
(a) In addition to the appropriation of jury funds in the preceding Section 1 in this Article
IX, an amount equal to one-half of the combined total budget for the discretionary or intelligence
fund or any alias named fund of similar nature or any allowance of money for the president and the
total of all pork barrel funds or alias named fund of similar nature or allowance of money for all
members of the Senate and House of Representatives of the Philippine Congress, also known as
the Priority Development Assistance Fund, directly or indirectly by channelling the same through
other public officials or private entity or person, shall be budgeted for the operation of the National
Jury Law.
(b) Any allotment in the national general or special budget for an appropriation of funds
for discretionary spending by members of Congress or the President beyond the amount of their
regular salaries regardless of whatever name, title, or label attached to it in the law creating it,
temporarily or permanently, shall be deemed as a pork barrel fund for lawmakers or as a secret
presidential allowance.
(c) No such funds or moneys for the President or Members of Congress shall be released
by the Treasurer of the Philippines unless the funds in the preceding section and in this section for
the jury system shall have been similarly provided and simultaneously released to the jury funds in
the judiciary. For this purpose, the National Jury Management Authority shall create a Special
“Account” under its care in its financial records which shall be known as “The Jury Fund”. This
allocation of funds shall take effect immediately upon approval of this jury law and a readjustment
of the balance of the existing pork barrel funds and presidential allowance fund shall likewise be
made in such a way that one-third of the total of such funds shall be credited to the jury funds.
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(d) The Treasurer of the Philippines shall be personally and criminally liable for
malversation of public funds as defined in Article 217 of the Revised Penal Code of the Philippines
upon investigation and indictment by a Grand Jury for failure to simultaneously release the money
to the judiciary corresponding to the funds referred to in sub-paragraphs (a), (b), and (c) of this
section at the time he shall have released the money earmarked for presidential allowances and
congressional pork barrels to the members of congress.
(e) To facilitate and speed up in paying the compensation of citizens who shall serve in
the Grand Juries and Trial Juries, and other creditors who have a claim for services rendered relating
to the implementation or operation of the National Jury Law, a payment voucher device, an
accountable form, is hereby created which shall be known as the “Unconditional Non-Transferable
Redeemable Judicial Voucher”, and otherwise known as the Form GJ-27 under the control of the
National Treasurer of the Philippines. The National Treasurer shall distribute blank forms of said
form to the respective Clerk of Courts around the country, subject to unannounced audit by the
Commission On Audit representative around the country for use as a medium of payment of all
government obligation relating to the operation of the National Jury Law.
(f) Any bank or public treasury, National or Local, to whom Form GJ-27 is presented for
payment shall be obligated to pay the named payee, or his SIDN, is stated therein. Thereafter, such
bank or public treasury shall be entitled to seek reimbursement from the National Treasurer. The
National Treasurer shall thereupon submit to the Department of Budget and Management for the
final accounting of the funds so disbursed in accordance with Section 16, Article XI, of this Jury Law.
SECURITY MATTERS
Section 3. Paramount obligation of men in uniform to protect citizens on jury duty - Far
above their duty to protect public officials, the police and military officers in the armed forces of the
Philippines shall have the absolute duty to provide safety preference and protection to every citizen
who serves in the grand jury or in the trial jury from any physical injury or psychological harm or
death from any imminent peril.
Section 4. Police and military commanding officers who have jurisdiction of command over
the location of activity of a grand jury or trial jury shall have the mandatory personal obligation to
comply with this provision of the National Jury Law. Violation of, or negligence in complying with, this
rule shall subject a police or military officer for investigation and indictment by a grand jury for
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obstruction of justice or for neglect of duty.
Section 5. No person serving as a juror in the grand jury or trial jury shall be subject to a
civil lawsuit for acts relating to his jury duties and no such person shall be subject to arrest or
detention with or without cause, except for the commission of a grave offense, while reporting to and
from his jury duty appearance in court or grand jury office. Any arresting officer including his
instigator or mastermind whether public official or not in violation of this rule shall be liable for
indictment for obstruction of justice by the grand jury.
TRANSPORTATIONFOR JURORS
Section 6. Transportation assistance from vehicle drivers and operators in keeping
efficiency of justice and juror transportation entitlement -
(a) Any vehicle driver or operator shall share a citizenship burden in maintaining the
efficiency of the justice system whose services shall be paid via the Form GJ-27 payment system.
Upon serving a juror with summons for jury duty by the clerk of court or jury commissioner, he must
include with the summons a Juror's Rider Transport Ticket, known as the Form TJ-131. The juror
shall then present said ticket to the driver of the transport provider. The driver of the transport service
provider shall take said ticket and he shall present the same to the clerk of court from whom it
originated to ask for payment according to the terms of the ticket.
(b) Any vehicle driver or operator who shall unreasonably refuse to accept or ignore or
delay the request of the juror for a ride in his vehicle shall be subject to indirect contempt of court
with such punishment the presiding judge may impose upon complaint of the subject juror. If such
driver or operator shall purposely delay, or deviate from the proper route, in delivering the juror to
the general direction of his intended travel to the court, such driver or operator shall be liable for
indictment for obstruction of justice by a grand jury.
(c) For the foregoing purpose, the clerk of court shall issue a transportation ticket of Form
TJ-131 for his return trip home regardless of whether the juror has been seated in a jury trial or not.
If the juror is seated to serve on a jury trial for the following day, the clerk of court shall provide him
another rider's transport ticket to come to court the next day and also with the same ticket in going
back home.
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(d) A grand juror is likewise hereby entitled to a rider's transport ticket Form TJ-131 which
he shall secure from, and issued by the Clerk of Court to, him. The rider transport provider shall then
get paid via the use of Form GJ-27.
Section 7. No vehicle driver or operator shall announce by placard sign or in any other
manner that he is providing a courtesy ride for jurors for security reasons.
NOON TIME MEAL FOR JURORS
OF THE TRIAL JURY
Section 8. Trial Jurors’ Noon Time Meal - Jurors who come to court in obedience to their
summons for jury duty shall be entitled to have a noon time meal regardless of whether they are
seated or not on a case for jury trial.
Section 9. Responsibility of the Jury Commissioner or the Clerk of Court - It shall be the
duty of the Jury Commissioner or the Clerk of Court, as the case may be, to enter into a contract with
a food caterer to serve the meals for the jurors. A bidding shall be held for this purpose and the
bidder with the lowest price bid shall be awarded with said contract.
Section 10. Eatery Location - The food caterer shall deliver the food along with a clean
and empty trash can at exactly 12:15 PM and shall remove all food trashes therefrom at 12:45 PM
in two locations as follows:
(a) For jurors who are seated for a jury trial, the food caterer shall deliver their food at the
court jury deliberation room which will serve as their lunch room. At all times, said jurors or food
server shall be prohibited during their lunch time to discuss about the case they are trying or any
other court case. The court room clerk shall supervise the food delivery to the said jurors and they
should finish their meal at exactly 12:45 PM;
(b) For jurors who are not seated for a particular jury trial, the food caterer shall deliver
their food at the Jury Assembly Room which shall serve as their lunch room under the supervision
of the Clerk of Court or Jury Commissioner and they should finish their meal at 12:45 PM. At all
times, said jurors shall be prohibited from carrying on any private conversation therein and they shall
be required to devote their time in reading educational materials which the Clerk of Court or Jury
Commissioner shall provide. If, at 3:00 PM, no court room judge has ordered for jurors from said
clerk or commissioner for jury impaneling, said clerk or commissioner shall then issue to said jurors
257
their Voucher Form-27 for their juror’s fee for the entire day and shall then discharge said jurors from
further jury service for twelve (12) months.
(c) Food Ticket Payment Redemption - The food caterer shall be entitled to the payment
of its services via the use of the Unconditional Non-Transferable Redeemable Judicial Voucher,
otherwise known as the “Voucher Form-27". As soon as the food caterer has accumulated a number
of food tickets with an aggregate value of at least fifty thousand pesos, or more, he shall then
present the said food tickets to the clerk of court from whom the food tickets originated in exchange
for Form-27 from the clerk of court. The food caterer shall, in turn, present said Form-27 to any
government cashier or treasurer or at any bank doing business in his locality for cashing.
NOON TIME MEAL FOR THE
MEMBERS OF THE GRAND JURY
Section 11. Noon Time Meal For the Members of the Grand Jury - The members of the
grand jury shall likewise be entitled to noon time meal at government expense and shall be paid out
of the jury funds of the National Jury Law.
Section 12. It shall be the duty of the Clerk of Court to enter into a contract with a food
caterer to serve the meals for the grand jurors. A bidding shall be held for this purpose and the
bidder with the lowest bid price shall be awarded with said contract.
Section 13. The grand jurors’ food shall be rationed and delivered to the Clerk of Court
with the aid of his deputy who shall, in turn, forward the food to the secret grand jury investigating
room which shall serve as their lunch room. Each grand juror shall sign with his grand juror’s Security
ID Code Number (SIDN).
Section 14. Form TJ-129 shall similarly be used for the food ticket for the members of the
Grand Jury which shall be paid via the Form GJ-27.
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ARTICLE X
TRIAL JURY TABLE OF FORMS AND PRINTABLE FORMS
TRIAL JURY TABLE OF FORMS(Also known as “Index of Forms”
Section 1. The following shall comprise the Table of the Trial Jury Forms and Indexed tothe Printable Forms in Section 2 of this Article X of the National Jury Law- FORM NAME DESCRIPTION PAGE NO.
Form TJ-101, Request for Names of Citizens for JuryService With Local Election Registrar . . . . . . . . . . . . . . . . . . . . . . 262
Form TJ-102(A), Pattern List of Citizens To Be Filled in by Local Election Registrar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Form TJ-102(B), Sample Pattern List of Names of Citizens . . . . . . . . . . . . . . . . . . . 264
Form TJ-103, Summons for Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Form TJ-104, Jurors’ Summons Logbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
Form TJ-105, Order to Show Cause for Disobedience to Jury Summons. . . . . . . 268
Form TJ-106, Jurors' Appearance Log Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
Form TJ-107, News Paper Advertisement Inviting Applicants for Pro Temp Jury Presiding Judge Pool . . . . . . . . . . . . . . . . . . . . 271
Form TJ-107A, Application to Participate in the Pool Pro Temp Jury Presiding Judge . . . . . . . . . . . . . . . . . . . . 272
Form TJ-107B, Notice to Applicant for Pro Temp jury Presiding Judge Accepting His Application With Requirement to Start Service within 3 Calendar Days of Receipt of Notice. . . . . . . . . . . 274
Form TJ-108, The Statutory Basic Jury Trial Instruction. . . . . . . . . . . . . . . . . . . . 275
Form TJ-109, Duty of Jury Commissioner or Clerk of Court to Incoming Jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
259
Form TJ-109A, Information Questioner Sheet - For Jurors to fill up . . . . . . . . . . 293
Form TJ-110, Lead Trial Index Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
Form TJ-110A, Confidential In Chamber Conference Guide . . . . . . . . . . . . . . . . . 297
Form TJ-110B, The Charge Sheet - For Submission to the Jury . . . . . . . . . . . . . . 298
Form TJ-110C, The “Law & Fact Sheet” Pattern - Not to be submitted to the Jury . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
Form TJ-110D-1, The Law & Fact Sheet, Case 1, Refer Back to . . . . . . . . . . . . . . . . 296
Form TJ-110D-2, The Law & Fact Sheet, Case 2, Refer Back to . . . . . . . . . . . . . . . . 296
Form TJ-110D-3, The Law & Fact Sheet, Case 3, Refer Back to . . . . . . . . . . . . . . . . 296
Form TJ-110D-4, The Law & Fact Sheet, Case 4, Refer Back to . . . . . . . . . . . . . . . . 296
Form TJ-111, Instruction in submitting Criminal Case to the jury For Deliberation and Decision. . . . . . . . . . . . . . . . . . . . . . 302
Form TJ-112, Jury Ballot (Master Form); Must be cut apart For Submission to the Jury . . . . . . . . . . . . . . . . . . . . . . . . . 308
Form TJ-113, "Guilty" Verdict Form - For Submission to the Jury. . . . . . . . . . . . . 309
Form TJ-114, "Not Guilty" Verdict Form - For Submission to the Jury . . . . . . . . . 311
Form TJ-115, Summons Disobedience Register . . . . . . . . . . . . . . . . . . . . . . . . . 312
Form TJ-116, Petition & Order for Contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
Form TJ-117, Docket for Contempt Citation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
Form TJ-118, Application For Execution of Warrant of Arrest . . . . . . . . . . . . . . . 317
Form TJ-119, Arrest Warrant for Court Contempt . . . . . . . . . . . . . . . . . . . . . . . . 319
Form TJ-120, Record of Assigned Arrest Warrant . . . . . . . . . . . . . . . . . . . . . . . 320
Form TJ-121, Resource Table for Criminal Jury Instruction. (Reserved for Development by the Supreme Court) . . . . . . . . . . . 321
260
Form TJ-122, Instruction for Civil Jury Trial Proceedings. . . . . . . . . . . . . . . . . . . 322
Form TJ-123, Submitting a Civil Case for Jury Deliberation and Decision.. . . . . . 335
Form TJ-124P, Plaintiff's Ballots. Plaintiff's duty to provide the jury . . . . . . . . . . . . 343
Form TJ-124D, Defendant's Ballots on Cross or Counter-Claim. Defendant's duty to provide the jury . . . . . . . . . . . . . . . . . . 344
Form TJ-125, Civil Jury Verdict Form. Presiding Judge's duty to provide the Jury . . . . . . . . . . . . . . . . . . . . . . . . . . 345
Form TJ-126, Resource Table for Civil Jury Instruction.(Reserved for Development by the Supreme Court) . . . . . . . . . . . 347
Form TJ-127, Plaintiff’s Bill of Particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348
Form TJ-128, Defendant’s Counter-Bill of Particulars. . . . . . . . . . . . . . . . . . . . . . 349
Form TJ-129, Noon Meal Ticket for Trial Juror . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Form TJ-130, Noon Meal Ticket Log Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
Form TJ-131, Juror's Rider Transport Ticket. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
Form TJ-132, Jurors' Transport Ticket Log Book. . . . . . . . . . . . . . . . . . . . . . . . . . 353
Form TJ-133, Courtroom Jury Trial Seating Plan . . . . . . . . . . . . . . . . . . . . . . . . . 354
Form TJ-134, Waiver of Banking Anti-Disclosure Rights. . . . . . . . . . . . . . . . . . . . 355
Form TJ-135, List of Exhibits in Criminal Cases . . . . . . . . . . . . . . . . . . . . . . . . . . 356
Form TJ-136, Delivery Envelope for Forms to the Jury (Size #10, 4.1 x 9.5 Inches.) . . . . . . . . . . . . . . . . . . . . . . . . . . 357
Form TJ-137, Verdict Envelope (To contain the written Verdict of the Jury.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
Form TJ-138, Large Envelope, Size: 9 x 12 inches. To contain all criminal files of the accused. . . . . . . . . . . . . . . . . . . . . . 358
Form TJ-139, List of Exhibits in Civil Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
261
Section 2. Trial Jury Printable Forms -
Find the page number of the printable forms in the foregoing Section 1, beginning on page261. Use the page reference above on the right column to locate the form.
262
Form TJ-101, Request for Names of Citizens for Jury Service With Local Election Registrar
The ________________ Trial Court
______ Judicial District of _________________Street Address ____________________________________
Municipality/City/Province __________________________________Date today- ____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Attach the Pattern List on the back. Fold this letter into 3 equal parts and paste the needed mailing labels on outside fold, then staple, stamp and mail. No need for envelope.
The Election RegistrarStreet Address ____________________________________________Municipality/City/Province ____________________________________
Subject: Form TJ-101, Procurement Order of Names of Citizens To Serve in the Trial Jury
Greetings:
You are hereby required to serve this Court a list of all the names with voter registration numbers andaddresses of the citizens residing within the Judicial Jurisdiction of this court. The judicial jurisdiction of thiscourt is comprised by the [(_)-district (_)-barangays (_)-towns (_)-municipalities (_)-cities (_)-province of (ifthis space is insufficient, write names in a separate sheet) _____________________________________________________________________________________________________________________________________________________________________________________________________
Please type or print the information which shall be laid out similar to the patterns shown in the attached "FormTJ-102(A)&(B)" in a white 8-1/2 by 13 inch bond paper and each page list shall contain exactly 12 names.Upon receipt in this court of the sheets containing the names of citizens, the corresponding names will be cutapart to serve two purposes: the cut apart sheets of the names of citizens will be entered in a raffle bin inthis court. When drawn from the raffle bin, each cut apart piece of names shall then serve as mailing labelfor pasting on the summons sent to each citizen called for jury service in this court.
You are required to bring the accomplished document to this Court definitely no later than (date)_________________.
For the Presiding Judge of this Court, by:
(Printed Name)______________________________ (Signature)______________________________
(Title/Position) Jury Commissioner, Telephone #_________________ Faxphone # _________________
- End of Form -
263
Form TJ-102(A), Pattern List of Citizens To Be Filled in by Local Election Registrar from Voters’ Listin his Congressional District No. ________________________________. No namein this list has been previously submitted to Court in the past 12 months.
Date Submitted- _________________
Submitted by: Print- ________________________ Sign _______________________ Election Registrar.
(The information must be centered similar to the sample “Form TJ-102(B) below)
End of Form
264
Form TJ-102(B), Sample Pattern List of Names of Citizens - 12 Names must be written on a white 8-1/2" X 13" Bond Paper. List in the boxes below. After cut out apart, each piece
to serve as a mailing label of the summons to be served on the named citizen.
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
Juror Summons - Free Postage Mail FirstName M. LastName Voter # 987654321 Number and Name of Street Address Zip/Barrio/Muni/City/Prov
End of Form
265
Form TJ-103, Summons for Jury Duty.
Important: Any person who shall prevent or discourage you in any manner from serving as a juror, orany citizen when qualified disobeys his summons to serve, for jury trial, he shall be liable for the crimeof obstruction of justice. You must Report such person to the Grand Jury for investigation andindictment for the crime of Obstruction of Justice.
Republic of the Philippines______________ COURT OF __________
Branch _________Street Address __________________________________
Mun/City/Prov Address ______________________________________(Telephone Number - ____________________)
SUMMONS FOR JURY DUTYThis summons must be translated into the local dialect of the jurors.
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
Staple both pages together and fold this letter into 3 equal parts. Paste the mailing labelson outside fold, then staple and mail. No need for envelope or stamp. Attach but do not staple 2
(round trip tickets of Form TJ-131. Check amount of prevailing fare with Transport Providers.
TO THE REGISTERED VOTER WHOSE NAME APPEARS ON THE MAILING LABEL ON THE OPPOSITE SIDE OF THIS SUMMONS:
Number ____________GREETINGS: (Obtain # from Form TJ-104)
This Court and by its Summons, you are commanded to appear on the date, time, and place, shown belowand be ready when called by the court to fulfill your civic duty to serve as a juror and render justice in a jurytrial of a case in said court. You are not allowed to have anybody accompany you. This is a whole day duty.You will be given a free noon time meal regardless of whether you will be seated or not in a jury trial.Enclosed is your round trip ticket, Form TJ-131. Submit the proper ticket for each route, There is no excusefor being late, even for one (1) minute or else you can be held in contempt of court for a violation of thisinstruction.
Date: ___________________________ Time: Exactly 8:00 o'clock in the Morning
Place: The Jury Assembly Room and Report to:
(_)-Mr.(_)-Mrs.(_)-Ms. _________________________________________________________ Building: ___________________________________________________________________ Address: __________________________________________________________________ THIS IS AN IMPORTANT DOCUMENT. Bring this summons for presentation when you report to the person named above.Without this summons you will not be seated as a juror and you may find great difficulty getting paid of your jury fee for comingto court. YOU DO NOT NEED TO KNOW ANY LAW IN ORDER FOR YOU TO COMPLY WITH YOUR JURY DUTY. You
will be instructed on the law of a case and interpreted into your local dialect so that you will understandwhat the law is. This summons shall be entered in Raffle Bin "B" after you sign in the Juror Registry Bookupon appearing in the Jury Assembly Room or JAR. You may wear a pair of dark eye glasses to hide youridentity while serving in a jury trial and you must not reveal your name to a fellow juror or anybody exceptto the Jury Commissioner or Clerk.
You are entitled to collect a jury fee at the rate of the minimum wage per day of a government employeein the locality where you will serve as a juror for your appearance at the place and the date you sign in theSummons Registry Book. If you are not seated as a juror on the day you reported for jury duty, you will bepaid for one day you appeared and you will not be called again until after 12 months from the date of thissummons. If you are seated as a juror, you will collect jury fee for each day you serve at the trial. Alwaysask permission from the Jury Commissioner or Clerk of Court before leaving the court. If you leave the courtwithout permission, you will not be paid with your jury fee.
266
FAIL NOT UNDER PENALTY OF LAW. Your failure to appear as commanded above, will subject you forcontempt of court citation with an order to render community service for two days without pay, unless youare exempted or disqualified to serve as a juror. The issue date of this Summons is _____/_____/_____(write Month/Date/Year).
__________________________________ _________________________________(Printed Name of jury commissioner) (Signature of jury commissioner)
IMPORTANT: Your lack of education in law is not a v alid excuse to disobey this Summons For JuryDuty. DISQUALIFICATION AND EXEMPTIONS : You will not be required to report for jury duty, IF youadmit or profess and check any of the brackets as follow: "I am disqualified or exempt from jury dutybecause: [_]-I am not a citizen of the Philippines; [_]-I am below 21 years of age;[_]-I have beenconvicted in a court of law of a criminal offense; [_]-I cannot read, understand, or speak thelanguage of the community within the geographic jurisdiction of the court where I am being calledto serve as a juror; [_]-I have taken drug or alcoholic substance in the past 5 days; [_]-I have beenserving, or have served, in the Grand Jury within the last 12 months; [_]-I hold a public orquasi-public office or I am a member of the military or police organization or deputy civil militia ofsuch military or police organizations or I am an immediate member of the family of such person;[_]-I have served as a trial juror within the last 12 months; [_]-I am actually serving as an employeeor official, elected, appointed, or I am acting as a special or secret deputy or agent or body guardof such employee or official, of a municipal, city, provincial, regional autonomous, or nationalgovernment; [_]-I am not a registered voter of the municipality or city or judicial district over whichthe court has jurisdiction; [_]-I am a person who is declared, or obviously known, as mentallyincompetent; [_]-I am an attorney at law or member of the Integrated Bar of the Philippines. [_]-Iam not a graduate from high school and I do not possess a certificate equivalent to a high schooldiploma; and [_]-I am a woman in my eighth to ninth month of pregnancy or I am a mother of anine-year old child or less under my personal care.
I DECLARE UNDER PENALTY OF PERJURY that the bracket I have marked describing my
personal status is true and correct this ______ day of the month of ________________ and year
____________ in the City or Municipality of _____________ Province of ________________."
Sign and mail back to this court this summons. (NOTE: If you are qualified to serve for jury duty,
bring this summons PERSONALLY with you and report to court as directed and sign it only in the
presence of the Jury Commissioner or Clerk.)
(Your signature)- (X)_____________________________
(Printed Name) _________________________________ Voter ID #________________
- End of Form -
267
Form TJ-104, Jurors’ Summons Logbook.
__________________ TRIAL COURT OF __________________Street Address ________________________________________Municipality/City/Province________________________________
Page _________ JURORS SUMMONS LOGBOOK (JAL) (Perpetual Numbering) (Paper Size: 8-1/2 by 13" - Temporarily Keep in a 3-Ring Binder - Book bind upon reaching 2-inches thick)
IMPORTANT: A citizen who fails to appear shall be issued an Order to Show Cause (OSC) the next day after his failedAppearance Date shall be conclusive proof that a summons has been properly served.
Summons #For FormTJ-103
Date ofIssue of
Summons
Name of Citizento whom
Summons was Issued
Voter IDRegistration
Number
Date ofScheduled
Appearance
(Check Mark)APPEARED?
YES NO
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
- End of Form -
268
Form TJ105, Order to Show Cause for Failure to Appear for Jury Duty
Republic of the Philippines__________ TRIAL COURT OF _____________
Street Address ________________________________________________________
Mun/City/Provincial Address _____________________________________________
(Telephone Number _______________________)
From: THE PEOPLE OF THE PHILIPPINES
To: _______________________ Address: _____________________________________________
________________________________________________________________________________
ORDER TO SHOW CAUSEOSC Number _____________
(Obtain Number from Form TJ-115) GREETINGS:
YOU ARE HEREBY COMMANDED to appear before this Court on or before (date) _____________
at 8:30 o'clock in the morning at (location/address) __________________________________________
__________________________________________________________________________________
TO SHOW CAUSE why you should not be held in contempt of court for FAILURE TO APPEAR FOR JURYDUTY on the Summons Number ____________ issued on (date) ________________ for which you werescheduled to appear before this Court last (date) ________________ at 8:00 o'clock in the morning.
Should you ignore and fail to appear to show cause in this Order, this Court will find no recourse. This Courtshall cite you for contempt of court with issuance of an order for your arrest.
FAIL NOT under penalty of law. Such penalty shall be in the form of community service for two (2) dayswithout pay and under such other terms this Court will deem proper.
ISSUED at (place) _______________________________ on (date) _________________________.
Signature _____________________________ Print Name _____________________________
Title Presiding Judge
PROOF OF SERVICE BY MAIL(On the Next Page)
Book entry on Form TJ- 115Verified by: __________________(Judge shall not sign, if not verified.)
269
PROOF OF SERVICE BY MAIL The undersigned, Jury Commissioner, hereby certifies that, on the date of this certification, he served the
foregoing ORDER TO SHOW CAUSE by placing a true copy thereof enclosed in a sealed envelope with
postage prepaid, addressed to the party to this case named below and deposited the same in the Postal
Mail Box at the nearest Post Office to this Court.
Name of Citizen - __________________________ Voter ID Number ___________________
Number and name of street address _____________________________________________
Barrio/Mun/City/Prov address __________________________________________________
I declare under penalty of perjury that the foregoing information is true and correct.
Issued at (place) _____________________________________ on (date) ___________________.
Signature - ____________________________________
Print Name- ____________________________________
Title Jury Commissioner
- End of Form -
270
Form TJ-106, Jurors' Appearance Log Book
_____________ TRIAL COURT OF __________________Street Address ___________________________________Municipality/City/Province___________________________
Page __________ (Continuous Numbering)
JURORS' APPEARANCE LOG BOOK(Paper Size: 8-1/2 by 11" - Temporarily Keep in a 3-Ring Binder - Book bind upon reaching 2-inch thickness)
Trial Jury Commissioner shall strictly monitor this Record
Date Today :_____/____/____
Notice To Jurors: READ THIS INSTRUCTION and follow the sequence below. Also, this Instruction must be posted at the entrance door to the Jury Assembly Room:
Number 1: Upon arrival enter your information in the JURORS' APPEARANCE LOG BOOK below;Number 2: MEMORIZE, Write and REMEMBER your Summons Number; then Number 3: Submit your summons to the Jury Commissioner or Clerk of Court;Number 4: The Jury Commissioner shall drop your Summons in his Raffle Bin "B";Number 5: Be seated, keep quiet, no talking and wait for instruction from the Jury Commissioner.
Enter YourArrival Time
Print Your NameIn This Column
Sign Your NameIn This Column
Write YourSummons #
ICNAsk
Clerk
- End of Form -
271
Form TJ-107, News Paper Advertisement Inviting Applicants for Pro Temp Jury Presiding Judge.
THE REGIONAL TRIAL COURT
______ Jury (Legislative) District of _________________
Street Address ___________________________________________
Municipality/City/Province __________________________________
Date today- ____________________
(Note: Legible hand-printed information is sufficient to accomplish this form. No need to type)
GREETINGS:
The members of the Integrated Bar of the Philippines in good standing who have been
engaged in the private practice of law for three (3) years or more within the ______________
Judicial Court District of _________________________________ are hereby invited to participate
in the Pool for Pro Temp Jury Presiding Judges. A participant in this pool may be called upon on
a random basis to serve as a Jury Presiding Judge who shall willingly promise and be ready within
seventy-two (72) hours, including Saturday, Sunday and Holiday, upon receiving his call, to sit as
a presiding judge in a jury trial for criminal cases in the event of unavailability or sudden incapacity
of a regular presiding judge.
A Pro Temp Jury Presiding Judge shall be compensated on a per diem basis starting with
one (1) non-trial day per diem to prepare for trial
The qualification and terms of participation in the Pool are written in the durable official
application form on Form TJ-107A as prescribed in Article X, Section 2, of the National Jury Law.
The application form is available in the Office of the Clerk of this Court. The form shall not be
substituted with any personally devised form.
This advertisement has been issued upon the order of the Executive Judge of this Court.
Issuance Date ____/____/____ Signature ___________________________
Printed Name ________________________
The Clerk of Court
- End of Form -
272
Form TJ-107A, Application to Participate in the Poolfor Pro Temp Jury Presiding Judge .
(Print Name) ___________________________________
Attorney at Law - Bar Number _____________
Street Address ____________________________________
Zip/Mun/City/Province _______________________________________
Office Telephone _________________ Fax __________________ Email
__________________
Date today __________________
INSTRUCTION: 1. Legible hand-printed information is sufficient to accomplish this form. Noneed to type; 2. Read carefully as you will be strictly bound by its terms and attach to it therequired accomplished forms as called for and personally submit the same with the Clerk ofCourt. 3. After review by the Clerk of Court, staple together the entire batch and fold the sameinward into 3 equal parts. Staple the folded application at the center of the upper edge and dropit in the raffle bin in the Office of the Clerk of Court; 4. This application shall be void if alteredin any manner.
The Honorable Executive Judge
[_]-Regional [_]-Metropolitan [_]-Sharia [_]-City [_]-Municipal, Trial Court of ________________
The _______ Jury (Legislative) District of _________________________________________
Address ___________________________________________________________________
___________________________________________________________________
GREETINGS:
I wish to apply and participate in the Pool for Pro Temp Presiding Judge in this Jury District andI respectfully request that my application be entered in the Raffle Bin Pool in the office of theclerk of court for the participants in the Pool.
A: I CERTIFY that:
1. I am a bonafide member of the Philippine Bar. My Bar Number is ____________.
2. I have been engaged in the private practice of law for over three (3) years. I haveactually practiced law for _____ years.
3. As of the date of the filing of my application, I certify that I have completely devoteda total of at least 24 hours of self-study of the National Jury Law. I have read and I amthoroughly familiar both with the Statutory Grand Jury Instruction in Section 24 and Form GJ-41of Section 99 in Article III, and the Statutory Basic Trial Jury Instruction on Form TJ-108 inSection 2, Article X of the National Jury Law. I have actually accomplished a “dry run”preparation in my own handwriting with the following forms by assuming the roles of those whoare concerned in preparing or filling up those forms, most particularly the following: Form TJ-
273
103, Form TJ-109, Form TJ-109A, Forms TJ-110A-B-C-D, Form TJ-111, Form TJ-112, FormTJ-113, Form TJ-114, Form TJ-135, Form TJ-136, Form TJ-137 and Form TJ-138. I furtherstate that I am expertly cognizant of the rudiments in the impaneling of a trial jury and theperemptory challenges of jurors.
B: I PROMISE and WILFULLY AGREE that:
1. I shall serve as a Pro Temp Jury Presiding Judge within 3 Calendar days, Saturday,Sunday and Holiday included, from my receipt of an assignment notice within the jury districtin which the Trial Court is located;
2 I shall accept compensation on per diem basis starting with one non-trial day per diemto prepare for trial under the Unconditional Redeemable Judicial Voucher prescribed on FormGJ-27, at the rate of pay equivalent to the computed hourly compensation of the last appointedregular presiding judge of the province, city or municipality where I shall serve.
3. The assignment notice served upon me on a particular case shall be subject to arandom drawing with five (5) competing participants in the Pool of the Pro Temp Jury PresidingJudge from the raffle bin.
4. Should I accept the assignment and another or more drawn participants likewisesignify his or their willingness to accept the assignment, our names will be raffled further fromamong us and whoever whose name is picked on the first pull and who is present at the raffledrawing shall get the assignment to serve.
5. If my application and/or name is drawn and I fail to get an assignment on a case asoriginally set for trial, I shall be available for assignment on another case set for trial the sameday, and if I am not given an immediate assignment, my application shall be automaticallyredeposited into the raffle bin pool for my availability to serve in another case set by this courtin the future.
Very truly yours,
Signature _____________________________ Attorney at Law
NOTE: The next following form, Form TJ-107B, with court heading pre-filled by Applicant toguide the court branch where the Applicant wishes to serve, except the other information calledfor to be left in blank, should be attached to this Application, Form TJ-107A, when depositingthe same in the Raffle Bin in the Office of the Clerk of Court of this Judicial District.
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Form TJ-107B, Notice of Acceptance of, with Order for Assignment to Serve As, Pro Temp Jury Presiding Judge within 3 Calendar Days from receipt of this Notice.
INSTRUCTION TO THE CLERK OF COURT : Send a photocopy of the Notice Form below to theParticipant in the Pool for Pro Temp Jury Presiding Judge not later than three (3) calendar days by faxAND by email transmission before the Trial Date stated in this Notice. Fill in by hand print with theinformation called for therein and promptly transmit to the named pool participants.
The Regional Trial Court of _______________________
_______ Jury (Legislative) District of __________________________
Address _________________________________________________
________________________________________________________
Telephone: _______________ Fax: _______________
(Note: The above heading blanks should be pre-filled in by Applicant in submitting his Application)
Dear Participant in the Pool for Pro Temp Jury Presiding Judge:
You are one of the five (5) participants in the Pro Temp Jury Presiding Judge Pool whose name is randomly drawn
from the Raffle Bin Pool for assignment to preside in the jury trial of the accused in the criminal case identified below;
Name of Crime: ______________ Case Number ____________ Name of Accused _________________________
______________ Trial Court of ________________ Branch _____________ Telephone __________________
For further details Contact (Name) ____________________________________ Telephone __________________
in the Office of the Undersigned. Trial Date: _____|_____|_________________ Starting time: 8:30 A.M.
If two or more of you will appear to signify to accept the assignment to preside in the jury trial of this case, a lottery
shall be conducted to finally choose one (1) from among those of you who appears at (time) __________ ____.M.
on (date) ___________________ in the Office of the Undersigned located at _________________________
_________________________________________________________________________________________.
I CERTIFY under penalty of perjury at (mun/city) _____________________ that on this date __________
_____________, I have transmitted to the attorneys named below a copy of this notice to their respective fax number
AND by email attachment on (date) _____________________ at approximately _____________ o’clock ____ M.
[_]- Atty. _____________________ Fax No. _____________________ Email _________________________
[_]- Atty. _____________________ Fax No. _____________________ Email _________________________
[_]- Atty. _____________________ Fax No. _____________________ Email _________________________
[_]- Atty. _____________________ Fax No. _____________________ Email _________________________
[_]- Atty. _____________________ Fax No. _____________________ Email _________________________
NOTE: If "Atty. Box" is unmarked, it is presumed that "no notice" was sent to such attorney addressee unless the
attorney calls in to acknowledge receipt of the letter and signifies his willingness to preside the jury trial.
Very truly yours,
Signature _______________________Printed Name __________________ ____, Clerk of Court
- End of Form -
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Form TJ-108, The Statutory Basic Jury Trial Instruction.
(This instruction must be contemporaneously interpreted during the jury trial by a trained
court trial interpreter from English to the local dialect of the jurors, and vice versa. The Jury
Presiding Judge is mandatorily required to issue this instruction without deviation. A presiding
judge who shall deviate from this instruction to favor any party or person shall be liable for
indictment of the crime of Obstruction of Justice by a Grand Jury upon complaint by the
aggrieved party.)
"Ladies and Gentlemen of the Jury:
Pursuant to Article II, Section 1, of the Philippine Constitution, you have been randomly
chosen to sit and serve in this jury to solemnly exercise your sovereign power, the same people’s
power you used when you elect your public officials, in our government to give and serve justice
for our community. We welcome and thank you for waiting patiently and for your eagerness to
serve in this jury. The case you are about to hear is a Criminal matter wherein the People is the
accusing party against the crime suspect called the Accused who is alleged to have committed
a serious crime.
First of all, there are:
Benefits For Serving in the Jury
Please know that you will be compensated for your jury service. For each day of your
service, you will be paid with the prevailing minimum wage set by law. In addition, you will
likewise be entitled to a noon time meal.
You will take your meal at the Jury Room in this courtroom where your food will be
delivered by the food server. Inform the Clerk of Court the kind of food that you cannot take
because of your religious belief. My clerk of court will guide you in going to that room. You will
not be allowed to bring in your cell phone into that room. You must deposit your cell phone with
my clerk, wrap it in an envelope, and make sure to label it with proper identification. You must
finish taking your meal within 30 minutes between 12:15 PM to 12:45 PM. Jury service requires
promptness at all times.
During your meal time, you and my clerk of court, or among yourselves, must not talk
about the case at hand or any law about any legal matter. You cannot talk to any other person
except among yourselves only on some social matters or to my clerk for any question but not
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relating to the case you are hearing about. If you have an urgent call, you must seek permission
from my clerk of court who will supervise you during your meal.
"In your trip in coming to and from this court, your fare will be paid by our government. For
this purpose, you will be given a transportation ticket which you will obtain from the clerk of this
court and you will, in turn, present it to the operator, or driver, of the vehicle who shall provide
you with transportation.
And now, here is your:
Instruction for the Jury Trial
In order to achieve your mission, you are required to strictly observe and obey the
following Jury Trial Instruction.
For your personal and family protection or safety and to keep absolute fairness and
integrity in our jury trial proceedings, I hereby instruct you which you must obey as follows:
(1) To carefully listen, remain absolutely silent, and follow my instructions. You are
required to wear a pair of goggle dark eyeglasses during your jury service to minimize
exposure of your identity to the public. Your most difficult job is to avoid talking about this
case with anybody else, not even with your fellow jurors, or members of your family, until I
order you to do so only in your private jury discussion room. To avoid problems to yourself as
a juror, you must absolutely never talk about this case or any legal matter at all until your
decision in this case has been read in this court.
(2) (a) You must remain seated throughout the proceedings in court except when I, or
the sheriff on duty, ask you to stand. You must avoid informing anyone outside this
courtroom that you are a juror in this case. From this moment on, you shall have the right to
refuse to disclose or reveal your name to anyone in this court room and you shall not disclose
your name to your fellow jurors. At all times, you must wear your dark goggles to protect your
identity.
(b) If you are employed with a private employer or company, you likewise have the
right to refuse to disclose or reveal the name or description of your employer.
(c) However, if you are employed in any department of the government, government
instrumentality, local government unit, or armed or police services, or government owned or
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controlled or quasi-government corporation, or as a body guard of a government official even
if you are a private citizen, you are required to disclose or reveal the name of the government
entity you are employed with or the name of your supervisor or the public official for whom
you are serving or acting as his body guard.
(3) Each and all of you must be present in this court from the beginning to the end of this
jury trial-
(a) It is absolutely important that you arrive on time when each further proceedings begins
from your recess or continuance of the proceedings from the previous day.
(b) You must bear in mind that this jury cannot proceed to perform its job in the absence
of any one of you. The presence of each of you is as important as the presence of both the
attorneys in this case.
(c) Merely calling in that you are sick is not an acceptable excuse. If you are truly seriously
sick, you must ask your doctor to appear before this court to explain in your behalf the
seriousness of your illness. This instruction likewise applies absolutely with the alternate jurors.
(d) This proceeding is not like an ordinary meeting where a quorum is enough to proceed
with the majority of its members present. Do not think that because a majority of your fellow
jurors is present, you can leisurely spend your sweet time with someone or something outside.
It is imperative that each word or statement said in this proceeding must be heard by each and
all of you at the same time.
(e) I must emphasize that the trial cannot proceed if one of you is not seated. You cannot
simply go away from this proceeding just because you do not like to hear what is being said by
anyone in this court. You must be warned that this court will not hesitate to order your instant
imprisonment in jail for direct contempt of court if you violate this instruction.
(4) You must dress up with ordinary attire without fanciness to avoid distracting attention
in the proceedings.
(5) You must not discuss or talk about this case privately among yourselves as jurors.
Yes, that is right. You are not allowed to talk with your fellow jurors about this case, anytime,
anywhere, or by telephone or email until I permit you to do so in your private jury room. If you
know of any of your fellow jurors speak or attempt to speak anything about this case, it is your
duty to report such juror to me, your presiding judge, through the sheriff. Do not speak to me
directly. Talk to the sheriff and he will tell me your report. You are likewise strictly prohibited to
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discuss with your family members even if he is a lawyer, or friends about the evidence,
witnesses, or any aspect of this case. Lawyers are admonished that they should never speak
to a juror and it is a violation of the jury system rules for which he can face a disciplinary action
before the Supreme Court.
(6) Alternatively, if you have personally observed your co-juror or anyone in this court of
having violated any of the jury instructions I have read or issued to you, you must confidentially
report without seeking permission from me for such violation to the Grand Jury for its secret
investigation by placing your report at the "Citizens' Secret Crime Reports Drop Box" somewhere
in the hallway of this court, or of the clerk of court of the Executive Judge, of this Jury District.
(7) It is equally important that you avoid calling on a cell phone with anyone about this
case. Regarding any matter, this case or any other thing whatsoever, you must absolutely, with
no exception, and as a reminder again, avoid speaking, or consulting, with any lawyer,
government official, police, army or military personnel, officer, or co-employee or supervisor or
employer, or to any person whomsoever. You must not write any article or letter, or
communication, or email in the Internet about this case. This means that you must not start a
gossip about anything while this case is still going on for trial.
(8) Bear in mind that if anyone hears you talk about this matter, you could start a gossip
without knowing it and you may find yourself unexpectedly inviting at your doorsteps a crowd of
media people, the interested parties and their relatives or friends in this case and all other
investigators that may even prevent or delay you in coming back to this trial. With your
negligence in mentioning about this case with anybody, the case that you are working on could
end up in a mistrial for which you will be held in contempt of court and promptly I will order your
imprisonment and further be responsible to pay the expenses of the parties and jurors fees in this
case.
(9) You will be given the opportunity to hear and see the evidence of both the parties to
the case at hand. You will be required to listen to the testimony of witnesses and you must keep
close attention to every word the witness says. You must also watch the demeanor of the
witness such as his facial expression, eye movement, and body language to determine the
truthfulness of his statement. Sometime later, I will explain to you what is an evidence and what
is not evidence. A natural human reaction or statement resulting from a sudden or surprising
event can be considered an evidence.
(10) After you have seen and heard the evidence in this case, you will then be ordered
to go and enter in the secret jury room to talk and discuss among yourselves alone and to make
your decision. Once all of you have gathered in that room, you must lock yourself in at all times
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to prevent anyone from disturbing you until you have finally decided the case. Once you have
reached your decision, you must knock at your door to indicate to the sheriff that you have
already done your work but you must not tell the sheriff which way you decide or shall decide.
Did you understand what I said? Repeat: You must never tell the sheriff, or anybody else, which
way you decide or shall decide the case.
(11) While you are still inside that jury room, I will order the Sheriff to guard your door.
I will also order the opposing attorneys as well as the members of the media to keep an eye to
ensure that no one else can contact or disturb you inside.
(12) Before you enter the deliberation room, I will require you to deposit your cell phones
and tape recorders with my clerk of court. Make sure you mark your cell phones with appropriate
identification. Request and ask my clerk for a plain envelope, label it with your name and wrap
in it your cell phone and then entrust it to my clerk or secretary. Your cell phones shall then be
returned to you after your foreman shall have read your decision in this court room. If any of your
fellow jurors shall surreptitiously bring in a cell phone in the jury room, each and any of you shall
have the responsibility to report such matter to this court through the sheriff or you may drop your
report at the “drop box” which you may find in the hall way of this court.
(13) Should you violate any of my instructions, I will hold you liable for payment of the
expenses of this proceedings and declare you in contempt of court for which I will order your
instant imprisonment in jail for the duration of this trial until it is finally decided by another jury.
I will further order non-payment of your jury attendance or allowance fee;
(14) If you are unable to hear or see the evidence presented during the trial, it is your duty
to inform me, through the sheriff, not with anybody else, so that appropriate arrangements can
be made for you. If anyone of you may notice a fellow juror immediate to your side who may be
getting sleepy or bored, you must do a little shaking by your elbow to wake him or her up but do
not overdo it. I will not tolerate any teasing or horseplay while the trial is going on. I am
addressing this particular instruction to counsels likewise. If you think your presiding judge is also
getting sleepy or bored, you may move for a five-to-ten-minute break to stretch up for all of us
and I would be glad to grant your motion.
(15) You must not take notes or draw pictures, diagrams or other memoranda to remind
you of the facts, and you must rely entirely upon your memory. The purpose of this rule is to
avoid over-emphasizing some facts and de-emphasizing others. You should not worry in
forgetting what you have heard from the witness because you will eventually recall their
statements, or through the exhibits presented during the giving of the testimony of witnesses,
once you go into the deliberation room as you embark in discussing the various events as
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narrated by the witnesses.
(16) You must not pay attention to news accounts of the trial or gossips, whether they be
on radio or television or in the newspaper or in the Internet or other publications. You must not
comment on anything you have seen on television or heard over the radio or from any person
about this case. You must not purposely watch on television or hear over the radio any news
about this case. You must not search the Internet for evidence or news reports about this case.
Sometime later, I will instruct you about what is an evidence and what is not.
(17) You are not allowed to inspect or take pictures of the scene of the crime which is the
subject of the trial. This is important because the place where the incident occurred may be
entirely changed from what it was at the time of the occurrence. You are not allowed make a
tape recording during the trial or during your discussion or deliberation in the jury room.
(18) In some rare cases, you may be kept away from your home continuously during the
trial. You may be allowed to go home at night, but you cannot discuss the case with anyone, and
again, not even with a member of your family, even if he is a lawyer. Remember, that you are
not allowed to speak with any attorney or a judge or public official or employee about this case.
(19) While this jury trial is still in progress, you must not make or express your opinion or
decision. You must remain neutral at all times. It is only in your assigned jury room where you
will be able to talk about this case independently among yourselves and absolutely without
interference or presence on my part or of any other person. In your deliberation, get more
reminders for information from your fellow jurors. Do not impose your will on them. If they ask
your opinion, inform them with all honesty and or simply state your reason for your opinion. The
first and the last time you make your decision is when you secretly and actually write your vote
in your jury ballot.
(20) You must remove from your minds or vocabulary any law you have learned or heard
in school or from anywhere in the past or from any law school. You must not discuss among your
fellow jurors about those laws. You must not read a law book or news story about the case at
hand. You must not consult a dictionary or encyclopaedia. If you have previously served as a
juror, whether as a member of a grand jury or trial jury, you must not mention or remember any
law or legal instruction you have learned from such prior jury duty during your deliberation to
arrive at your verdict regardless of whether such law or legal instruction is similar or identical in
the present case. Your prior education in law, officially or unofficially, is not a requirement in order
for you to sit as a juror in the present case. The only law or laws you shall keep in your minds is,
or are, the laws I instruct you in the course of this trial. You must submit through the sheriff a
written note to me to ask for the definition of a word if it is essential in making your decision. I
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will make a proper response to you with the agreement of the counsels of both parties to this
case.
(21) During our court recess, or at any time, you must not talk to me, your presiding judge.
Make sure you come back to this room without a minute of being late. You must all be in the door
and be ready to get in when told to come in. I instruct the Sheriff to prevent anybody or non-jury
member to mingle with you during your recess or when getting ready to come back to this court
room.
(22) You must not enter the deliberation room until I order you to do so. I will give you the
proper instruction at a proper time after we are done with certain court procedures;
(23) You are absolutely prohibited from asking money or favor of any kind or in accepting
a bribe from any body on account of your having been called to serve as a juror in this case
currently or in the future on account of the information you had discussed during your deliberation
about this case;
(24) You must not consider any other evidence except those presented at the trial in this
court room. In other words, you must not give probative value on anything you have seen or
heard from any source or person outside this court room about this case.
(25) When you have been ordered to gather in your jury deliberation room at the proper
time, you must not allow anyone - not even me, your presiding judge - to enter your deliberation
room. Your deliberation room is your exclusive territory and domain. At any moment, while you
are discussing about the case at hand, I may knock at your door. In that event, you must politely
decline to speak with me or with anyone else for that matter otherwise I will declare you in
violation of this instruction.
(26) When you need for a clarification on any matter that prevents you to proceed with
your discussion or judgment, you must submit a hand written note through the sheriff in uniform
and on duty in this court to me, your presiding judge, and write what you may ask. I will
accordingly make a ruling or response to your query in consultation or conference with the
prosecuting attorney and the defense attorney in this case.
(27) I cannot order you which way you will decide this matter but I have the summary
authority to order the sheriff in uniform at this court room to send to jail for contempt of court any
juror who violates the legal instructions that I have just read and issued to you. If in the course
of my talks to you that may sound as if I am making my opinion about the case, you must not
take that as a guide in arriving at your decision or in expressing your opinion. You must decide
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on what is right from your own independent conclusion.
(28) The evidence presented at the trial may consist of documents, things, or objects and
testimony of the witnesses. If a question is objected to and I sustain or uphold the objection, you
must disregard any answer to such question as if it has not been stated. The opening and closing
statements, and the arguments of the lawyers do not constitute as evidence because they are
not witnesses.
(29) You must consider the accused your co-equal or a common person. You must not
give any special importance or significance to the fact that [the accused] [or any party] may be,
or is claiming to be, a celebrity actor or actress, or a person with great fame, or title of nobility,
or for being a datu, bai, sultan or sultana, or wealth, or high rank or title or position or power in
any government or government instrumentality in our society or a relative, or the spouse, or a
compadre, a comadre, a querida or querido, or close friend of such person. While being seated
as a juror in this matter, your authority to decide justice in this case based on facts according to
the evidence is absolute and more superior than any such person of nobility, royalty, great fame,
or public official, in our society. Keep this in mind at all times until you finally decide this case that
you are acting as a Master of our society while serving as a juror in this matter today.
(30) You shall not take into evidence any description of the accused or of a witness in
reference to his being a Christian, a Muslim, or with any religious affiliation, or creed, or ethnicity,
or tribal feature, or regional lingual accent, in the course of this trial or during your jury discussion.
(31) After this instruction that I am now issuing to you, you will soon hear the
presentation of the evidence in this case. There are two opposing parties in this trial. The
accuser and the accused.
(32) The people are the accuser and they are represented by the government
attorney. He is called the Prosecutor. The People or Prosecutor may be referred to as the
"Prosecution."
(33) The accused is the suspected crime offender. He is defended by his defense
attorney. The Accused and the defense attorney may be referred to as the "Defense."
(34) At this point, I want you to learn about the word "Witness." A "witness" is the
person who is sworn to testify to tell the truth about the facts that lead to the indictment
against the accused.
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(35) The witness is required to sit in a witness chair on my left in this court room to
state the information he is asked for the purpose of this trial that you are about to hear by
way of answering questions from the Prosecution, the Defense, or by this Presiding Judge.
(36) Therefore, if you hear that same person speaking outside this court and it
happens that you were riding together with him in the same vehicle with him and you
heard him talking about the same case he testified to whether the same or different from
what he said in court, you must not give any credible value to whatever he said at the bus.
Important reminder : You must not talk or argue with him and you do not need to listen
to him. And so, at the time this case reaches the stage wherein you are asked to
deliberate on it, you must not tell your fellow jurors about the story the witness said that
you heard from him at the bus. Why? Because he was not sworn at the bus and he was
not sitting on the witness chair. The bus has no witness chair in the first place.
(37) At this time, I want you to know two important words. They are very different
from each other. They are not the same. You cannot substitute one for the other.
"The first word is “Opinion” and the second is the word “Evidence.”
(38) The “opinion” is what you hear from the mouth of the government prosecutor
or of the defense attorney saying about his case or his opponent’s case. An opinion is not
evidence. You are not allowed to use an opinion to make your decision. From time to
time, by way of an instruction, I will tell you which is an evidence and which is not.
Exception: You may consider an opinion like an evidence if:
(a) It is an "Expert Opinion" of the witness,
(b) The person stating his opinion must have been sworn in to tell the truth, etc.
and must have been seated in the witness chair and has answered questions
from the Prosecution or from the Defense attorney;
(c) It is shown that the person making the opinion had sufficient training or
experience on the subject he testifies to; AND
(d) It was admitted into evidence by the presiding judge of the court and subject
to your scrutiny or analysis whether it represents the truth or not.
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(39) The “evidence” is what you hear from the mouth of the witness who was sworn
in and he is required to talk in the witness chair. The evidence is your basis to make your
decision in this case.
(40) Another thing you must learn about "evidence" is that it consists of several
things: The statement or word of mouth by a witness is evidence. An object or thing
related to a case in court to prove a fact is evidence. Objects are usually marked or
referenced with exhibit identification, such as Exhibit "A", Exhibit "B", Exhibit "1", and
others. Evidence, therefore, is a combination of what the witness said, an object and
identified as an exhibit to prove or disprove the existence of a fact. An exhibit may be part
of evidence and it is up to your discretion to believe or not of its existence specially when
you are in doubt of the source of such exhibit.
(41) The words and statements of attorneys are not evidence. Attorneys only act
as guides to help you find and understand the evidence. If there is variance or difference
between what the attorney says over what the witness says, you must rely on what the
witness said - not what the attorney said.
(42) Before the attorneys will present their witness or evidence, each of them will
make an opening statement in favor of their side of the case.
(43) The prosecutor usually or always delivers his opening statement. However,
the attorney for the accused may, or many not, make an opening statement.
(44) At this point, I will ask you a question. You must not be afraid to give me a
wrong answer. This is a part of your instruction and education about this case and it is
imperative that you learn it now. My question is this:
When the lawyer delivers or speaks of his opening statement, did you hear an
evidence or did you hear an opinion? Right or wrong, I would like to hear from anyone of
you.
(Presiding judge should emphasize that the words coming from
the mouth of the lawyer is only an opinion and it is not an evidence).
(45) Again, the thing you should remember is that an evidence can be accepted
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only when it is stated by the witness while testifying in the witness chair. The subsequent
statement, therefore, of the witness who speaks at another location after he testified in
court such as when he speaks over the radio or television show or anywhere with another
version than what he testified to in court is not the evidence. What the witness said over
the radio or television station is a matter of opinion and of no evidentiary value because
he was not sworn to tell the truth of what he said at the radio station or at the television
show or anywhere else.
(46) Another evidence you must know is "Circumstantial evidence." Circumstantial
evidence is a fact or event that can be used to infer or presume another fact or another
event. It is an indirect evidence, an evidence the witness did not see, but it implies
something occurred but does not directly prove it. It is a proof of one or more facts from
which one can find another fact. It is also a proof of a chain or connection of facts and
circumstances indicating that the person is either guilty or not guilty.
(47) You may also hear an objection to an evidence by an opposing attorney
saying that the evidence is a "hearsay evidence." In ordinary meaning, a hearsay
evidence is like a second hand evidence where the witness is stating a fact or event based
on what he heard from another person or witness. The person in the witness chair have
not personally seen the existence of the fact or event but is simply restating what the
actual eyewitness had said to him. On the other hand a hearsay evidence may be
credible or believable in the following instances:
(a) An excited utterances as a natural or spontaneous reaction to a startling event;
(b) It is a present sense impression that expresses the declarant’s spontaneous
impression of a condition existing at the time it was said;
(c) A declaration of the present state of mind where the statement reflects the
declarant’s mental condition is in question;
(d) A business record which was created during the ordinary course of business;
(e) Prior inconsistent statement that was written and signed by the declarant;
(f) Dying declaration and other statements under the belief of an impending death
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and the declarant is unavailable to testify in court; and
(g) A statement against the declarant’s own interest which would incriminate or
expose the declarant to liability who would not have made the statement unless the
statement was true.
(48) In the course of the trial, an expert witness may be called to demonstrate or
describe a "Scientific Evidence." He is more of a teacher about the underlying scientific
theory and instrument implementing theory. He is called in to bring out opinions that a
theory is valid and the instruments involved are reliable. The witness must be accredited
as an expert witness, which may require academic qualifications or specific training or
actual experience on the matter he is talking about. You may or you may not accept his
explanation as viewed from the logic or natural result of his statements.
(49) Remember the rule. Evidence may be acceptable only if allowed by the judge
to be admitted into the record and while the witness speaks on the witness stand. So, if
you hear any body talking about the case or crime, not sworn and not seated in a witness
chair or stand, regardless of how prestigious or powerful he is, even if he may be the
highest somebody of your community or who said "I am Chief of Police So and So, and
I actually saw the happening of the crime or event," what you hear is not evidence. What
you hear is an unsworn declaration from someone who cannot be prosecuted if his or her
statement is a lie or a statement of falsehood outside of the court trial.
(50) There is an exception wherein an evidence will be admitted without the need
of a testimony by a witness. It is called “Stipulated Evidence”. Its other name is “Agreed
Evidence” wherein both the prosecutor and the defense attorney will agree with the
approval of the judge that the evidence be admitted without being testified to by a sworn
witness. If such an evidence will come up, you will be told that it is a "stipulated evidence".
Nonetheless, It is up to you to believe or not depending on what you think of how credible
the source of such evidence is.
(51) Now, here is another word I want you to know at heart. The word is the “law”
of the case you are going to hear. You must disregard any law you have learned outside
this court even if you studied law in college or university.
(52) The law that will govern the case is the statement of the law that I have
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instructed you to use. The definition of the law will be issued to you in a “Law and Fact
Sheet”. You are therefore forbidden to read a law book, legal dictionary or any dictionary
whatsoever. You are not allowed to learn more of the law than what I have stated to you.
Your prior knowledge of the law is irrelevant and you must not use that prior knowledge
in making a decision in this case.
(53) While the trial is still in progress, you must presume that the accused is innocent.
During this entire trial, it is the right of the accused to remain silent and he may choose not to
testify. Therefore, you must not presume or you must not guess that he is guilty because he did
not testify or he has remained silent in this trial. Our constitution forbids to force the accused
to testify or say something against him/herself. You may hear this instruction on “presumption
of innocence” of the accused several times in the course of the trial for the protection of his/her
constitutional right of innocence.
(54) Submission of exhibits to the jury for review and analysis by the jurors:
(a) After both parties or their lawyers have presented their respective witnesses for
questioning and have submitted their exhibits, or arguments, to prove their case, I, your presiding
judge, shall submit those exhibits in this case to you for your inspection, analysis, discussion and
decision. Exhibits that were produced and shown during the trial will be submitted to you for your
review and recollection of what you heard or saw in the course of the witness testimony.
(b) In that room, you will absolutely be forbidden to bring in any type of weapon and
should you notice anyone of your fellow members in violation of this rule, each of you shall have
the authority to secretly report the matter to the Grand Jury for secret investigation and criminal
indictment in court by dropping your report in the "Citizen's Secret Crime Reports Drop Box"
located in the lobby of this court house.
(c) You are absolutely forbidden to smoke or drink any alcoholic substance, except water
or eat the food we provide you. If you feel hungry or thirsty, your foreman may ask the sheriff to
bring in some crackers, cookies, or pan de sal, or bottle of water and the sheriff shall forthwith
inform me of your request and for which I will gladly order to provide you.
(55) In your verdict, you shall not declare the accused guilty as charged unless you have
found proof or evidence of guilt beyond reasonable doubt of the alleged unlawful act of the
accused. This means that you declare the accused guilty only if you cannot find in the evidence
a believable reason that the accused could not have committed the offense charged against him.
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You will again be reminded of this instruction, from time to time, as we proceed with this trial.
(56) In making your collective judgment, called the “verdict”, you must not force upon any
of your fellow jurors to vote against his or her conscience. You must write your vote secretly and
your ballot folded when submitting for counting. No ballot shall be opened or read until all twelve
ballots are gathered. Upon submission of all twelve (12) ballots, all “guilty” votes shall be sorted
separately from the “not guilty” votes. The “not guilty” votes shall likewise be sorted separately.
You decide by the majority rule.
(57) The “GUILTY VERDICT” - If you arrive at seven (7) or more “guilty votes, the
accused shall be declared guilty as charged. You shall then promptly record the number of the
“Guilty Votes” on Form TJ-113, the “Guilty Verdict” form and sign the same with your ICN. After
completing this form, put it in the “Verdict Envelope”, known as “Form TJ-137".
(58) The “NOT GUILTY VERDICT” - If you arrive at six (6) or more “not guilty votes”, the
accused shall be declared innocent, or NOT GUILTY, of the crime charged against him. You
shall then promptly record the number of the “Not Guilty Votes” on Form TJ-114, the “Not Guilty
Verdict” form and sign the same with your ICN. After completing this form, put it in the “Verdict
Envelope”, known as “Form TJ-137".
(59) Disposition of Documents-
(A) VERY IMPORTANT: The only document to be put in the “Verdict Envelope”,
Form TJ-137, shall either be Form TJ-113, or Form TJ-114. The only Envelope you will bring out
from the Jury Room to the open court, or Jury Trial Court Room, shall be Form TJ-137 containing
either Form TJ-113 or Form TJ-114 for reading by the Jury Foreman of the Jury Verdict in open
court. Your jury ballots should NOT be inserted in Form TJ-137.
(B) IMPORTANT: All the rest of the other documents such as the Jury Ballots, Law
& Fact Sheets, the Charge Sheet and Exhibits shall be put back into the Envelope Form TJ-136
which you will leave behind in the Jury Room for the Clerk of Court to gather and for safekeeping
in the custody of the court. Care must be observed by the Clerk of Court that said documents
shall be collated correspondingly to the Criminal Case Number and Name of the Accused inside
a larger and Master File Envelope, size 9 x 12 inches, known as Form TJ-138, to accommodate
the exhibits for safekeeping.
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[Note: The presiding judge shall re-issue this instruction upon submitting the case to the
jury for its deliberation and decision.]
(60) In the course of this proceedings, I will further issue other instructions as their need
may arise. I will also instruct you on the definition of the law of the criminal offense that the
accused is charged with. In the mean time, you must not speculate or try to guess as to the
definition of the alleged criminal offense. You are required to know the facts of this case because
you are the principal judge of the existence or non-existence of the facts to this case. Your
finding of facts cannot be reviewed on appeal. Among those facts are the demeanor of
witnesses such as their eye or lip movements and body language that reflect facial expression
for truth in their testimony. Such facts cannot be recorded by the court reporter for review.
(61) If you received any solicitation or request from any person, or any lawyer, or public
official, job supervisor, or co-employee, with the purpose of influencing your decision, regardless
of whether you were influenced or not by such solicitation or request, you have the mandatory
duty and obligation to secretly report in writing within thirty (30) days from the date you received
such solicitation or request to a grand jury for investigation. You shall be liable for the crime of
obstruction of justice and indictment by a grand jury if you ignore or fail to comply with this duty
or obligation.”
(62) Any statement given by your fellow juror whether favouring a guilty or not guilty
verdict, during your discussion, you must take such statement as his or her opinion only and shall
not necessarily bind you in making your personal actual and final secret vote in your jury ballot.
(63) If you find in good faith and in your conscience that the accused cannot be convicted
under the law that I have instructed to you for application in this case because you think that the
law itself is unconstitutional, or unfair, or by the weakness of the evidence you have seen or
heard during the trial, you must give the benefit of your doubt to the accused by granting him your
vote of “Not Guilty”.
(64) By virtue of the sovereign power of the people in Article II, Section 1, of the
Constitution, as conferred upon you as a jury and direct representative of the sovereign people,
you will not be held liable, civilly or criminally, individually or as a jury, in writing your vote in good
faith and without malice in your jury ballot to reach your verdict to find the accused either guilty
or not guilty.
(65) You are the exclusive judges of this case. Ask not anyone else, not even your fellow
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jurors, once you have arrived at your personal opinion, which way you, as a group, shall decide.
It is your collective jury votes that makes up the decision of the jury.
(a) Each of you, the regular 12 jurors, must vote and none of you shall abstain from
voting. If you will refuse to vote either way, "guilty" or "not guilty", I have the power and authority
to charge you with the crime of obstruction of justice. I strongly urged you to cast your vote, one
way or the other, in order to reach your collective decision or verdict. I repeat: Each of you must
vote and none of you shall abstain from voting to avoid being criminally charged for obstruction
of justice.
(b) If any one among you, the 12 regular jurors, is overcome by fear to write your vote
in your jury ballot for any reason, inform your Foreman who shall call for the Sheriff and shall
inform me about your condition about your fear of voting as a juror. I shall then order your
replacement with one of the alternate reserve jurors who shall become a regular juror in your
instead who shall then vote with the remaining 11 jurors. I will order the replaced juror to refrain
from telling or announcing to anyone which way he wanted or wished to vote. Choosing the
alternate reserve juror shall be done by lottery.
(66) In your discussion, you may speak the local dialect that all of you understand and
speak. If you feel it necessary to speak in Tagalog, you may do so to emphasize your point. What
is important is that you must understand each other very well and understand your decision.
(67) After you have declared your verdict in open court, you have the power and the right
to refuse to explain your verdict. I strongly advise you to exercise that power and right to refuse
to explain your verdict for your personal protection and the protection of the members of your
family. By making your verdict, you have exercised your sovereign authority as judicial masters
of our society in accordance with Article II, Section 1, of the Constitution. Keep your sovereign
power and authority by remaining silent about your collective jury verdict.
- End of Form -
291
Form TJ-109, Duties of the Jury Commissioner or Clerk of Court And Instructions to the Incoming Jurors for Jury Duty
(This Form must be translated into the common local dialect)
NO CONVERSATION SHALL BE ALLOWED IN THIS JURY ASSE MBLY
ROOM. WAIT AND LISTEN TO INSTRUCTIONS AND REMAIN SI LENT.
INSTRUCTIONS:
1. To the Jury Commissioner : Provide every juror the following items:
a. A blank copy of Form TJ-109A and pre-write in it a unique 5-digit ICN (Identity Code
Number) differently from each other jurors to be used as his Identification Code name while he is
on jury duty. Attach to it a Tag Form with the same ICN for the juror to keep for his Court ID at all
times. The rules herein applies to women jurors as well.
b. A pair of Dark Goggles which you shall instruct the juror to wear at all times upon receiving
it from you and with the further instruction to return it back to you when he picks up from you his
juror’s fee on Form GJ-27. You shall procure this item at government expense and have them in
stock at all times for ready use. Require each juror to return the dark goggle before delivering to the
juror his voucher fee, Form GJ-27.
At exactly at 8:30 AM, pick 29 names of jurors from Raffle Bin "B" and instruct each and all
jurors to read and have each juror answer the questions in the Form TJ-109A below. Read
Instruction number 2 below "To ALL Jurors ". Instruct all other jurors whose name were not drawn
to wait for the next raffle. Upon receiving a call from the clerk of the jury trial court room for jury
impaneling, lead and usher the 29 jurors in going to JTCR (Jury Trial Court Room).
2. To ALL Jurors: “This room in which you are in is called the “JAR” ( "Jury Assembly
Room"). This room is a legal extension of the actual Jury Trial Court Room called the JTCR. Upon
your signing of the JAL (Jurors Attendance Logbook), the court thereby acquires jurisdiction over
you and over your acts in this room. Any violation of the Instruction I have read to you is punishable
with contempt of court or Obstruction of Justice for which penalty of imprisonment for a number of
days may be imposed by Order of the Court.
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So, you are mandatorily required to follow my instruction.
In this room you are NOT ALLOWED :
(1) To bring in anybody with you; to talk with anybody, not even with your fellow jurors or a
close relative by cell phone by any chance.
(2) You must not call by cell phone any person outside this room. If it is necessary to call
someone because of an emergency, you must ask my permission before doing so.
From these room, I will take you to the JTCR (Jury Trial Court Room) and you must be
ready to answer truthfully the questions in this form, your Form TJ-109A. The attorneys at the JTCR
will be asking you again the same questions. It is important that you answer their questions
truthfully.
VERY IMPORTANT: For your protection, from now on, you must not give or mention your
real name to anyone. You will notice that in Form TJ-109A, there is a 5-digit ICN (Identity Code
Name). That Code Number shall be your name in the court room. Your real name should not be
known to any of the lawyers or persons in this courthouse. Bring with you your Tag Receipt Number.
The one I gave you with your ICN (Identity Code Number) in it.
At 8:30 A.M., I will pick 29 sheets of Form TJ-109A from the Raffle Bin #2 and I will announce
the number. When your number is called, you must get ready and follow me to the JTCR.
Whenever your ICN is called or announced, you must acknowledge the call by raising your right
hand at the level of your right eye and look towards the caller. DO NOT stand .
Note that when you are serving as jurors, bear in mind that you are acting as a master to
decide a case in court, not as a servant, pursuant to your status as a sovereign people under Article
II, Section 1, of the constitution. Our role in court is to guide you, by instructions, on how to perform
your jury service but not to control which way you will decide in making your decision in the Jury
Trial. I ask you, therefore, to follow court instructions as those questions are issued to you for your
education and guidance as we progress along the way to accomplish your mission.
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Form TJ-109A, IQS and Form for Accomplishment by the Juror.
(NOTE: If you have a question, ask the Jury Commissioner. Do not ask your fellow juror)
This document will be presented to the Presiding Judge in the Jury Trial Court Room
and a photocopy of it will be furnished to both opposing lawyers for their information.
Instruction to Juror: Answer truthfully the questions below otherwise you will be charged forPerjury by a Grand Jury for lying in your answer. Your truthful answer to any of the questions will notbe used to charge you criminally or for any other purpose. After you are done, keep it ready forsubmission to the trial presiding judge at his court room but keep the tag ID with you. You mayanswer the questions in your local dialect, not necessarily in English, even if the question is inEnglish.
DO NOT WRITE YOUR NAME IN THIS PAPER
(Huwag Isulat Ang Pangalan Mo Sa Papel Na Ito)
1. This number ________ is your ICN (Identity Code Number). (This will be your “name”
as a Juror ). Your actual name will not be disclosed to anyone in this case.
2. Name of City or Municipality where you reside: __________________________________
3. Are you a high school graduate? Answer: [_]-Yes [_]-No
4. If “Yes”, in what school? Name of school: ______________________________________
5. If “No”, what work experience do you have? Answer: _____________________________
_______________________________________________________________________
6. What type of work do you have today? Answer: ______________________ [_]-None.
7. While working did you supervise a number of workers? [_]-No [_]-Yes, how many: ____
8. How long have you been doing this job approximately? ________________________________
9. Marital status: [_]-Married [_]-Single [_]-Widowed [_]-Common law spouse.
10. If Married, how long ago? ________________________________________________
11. Do you have children? [_]-No [_]-Yes How many? _____________________________
Their ages. Do not write their name. _________________________________________
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12. Have you spoken with any attorney or a police about your having been called for jury
Service relating to any crime? Answer: [_]-Yes [_]-No
13. Have you been accused or convicted of, or pleaded guilty to, a crime punishable for
one year or more? Answer [_]-Yes [_]-No.
If so, what kind of crime? Answer: ________________________________________
14. Are you, or any of your close relatives, working, or have worked,
in the government? Answer [_]-Yes [_]-No.
15. Is your spouse, common law spouse, or fiancee,
working in the government? Answer [_]-Yes [_]-No.
16. Is your son or daughter, or is your father or mother, working in the government?
Answer [_]-Yes [_]-No. If so, name and locality of government office:
_______________________________________________________________
17. Are you, or have been, a member of a fraternity, or sorority, in any college,
university or school? Answer: (_)-Yes or (_)-No. If so, what college and what
fraternity
_____________________________________________________________
18. Are you or any of your closest relatives a member of the Police
or the Philippine National Police? Answer [_]-Yes [_]-No.
If “Yes”, in what location:
_____________________________________________________________
19. Have you or any member of your family been a victim of police abuse?
Answer: [_]-Yes [_]-No.
20. Are you or any of your closest relatives a member of the Army, Navy, or
Air Force of the Philippines? Answer [_]-Yes [_]-No.
21. Are you, or have you been, an official or employee, in the government once
upon a time? Answer [_]-No [_]-Yes. How long ago? ___________ Year
_______
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22. If you have previously served as a juror, describe your prior jury
experience: [_]-Criminal case [_]- Civil case [_]-Not yet.
23. Have you or any member of your family, or any close friend, ever worked
for the Police or any law enforcement agency?
Answer [_]-Yes [_]-No.
24. The case that you will hear as a juror is a criminal case. Under our law, the
accused is considered innocent until all evidence against him are shown to
you. Are you willing to wait first to hear all those evidence before you
decide whether he is guilty? Answer: (_)-Yes or (_)-No.
25. During the course of hearing the case, you will be given instructions by the
presiding judge to help you and let you know how to serve as a juror. Do
you have any reason why you cannot follow the instructions?
Answer: (_)-Yes or (_)-No. If “Yes”, why?
__________________________________________________________
26. Do you have any interest in the outcome of this case or will you be
receiving from any party to any case you will be serving as a juror?
Answer: (_)-Yes or (_)-No. If “Yes”, what is it? ______________________
27. Have you taken any drug or alcoholic substance in the past 5 days or are you
Suffering from any mental illness? Answer: (_)-Yes or (_)-No.
28. As a juror, you will be given maximum protection from any harm.
Is there any reason why you cannot serve as a juror in this case?
Answer: (_)-Yes or (_)-No.
29. Are you, or is your spouse, or a close friend or relative of yours, an
attorney? Answer: (_)-Yes or (_)-No.
30. Jury Service is an honor and sacred duty. Your duty to attend is as
important in attending the funeral of your most beloved relative who dies
while living with you. Is there any reason why you will not be able to
complete your jury service? Answer: (_)-Yes or (_)-No.
- End Form -
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Form TJ-110, Lead Trial Index Form :
FORM NAME FORM DESCRIPTION PAGE NO.
Form TJ-110A - Confidential “In Chamber Conference.” Instruction to the Presiding Judge, . . . . . . . . . . .
Form TJ-110B- The Charge Sheet . . . . . . . . . . . . . . . . . . . . . . . . .
Form TJ-110C- The “LAW & FACT SHEET” PATTERN . . . . . . . . . . . . . . .
Form TJ-110D-1 Law & Fact Sheet - 1st Case # vs Accused. . . . . .
Form TJ-110D-2 Law & Fact Sheet - 2nd Case # vs Accused. . . . . .
Form TJ-110D-3 Law & Fact Sheet - 3rd Case # vs Accused . . . . .
Form TJ-110D-4 Law & Fact Sheet - 4th Case # vs Accused. . . . . .
Form TJ-110D-5 Law & Fact, etc. - For additional case . . . . . . . .
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Form TJ-110A CONFIDENTIAL “IN CHAMBER CONFERENCE.” INSTRUCTION TO THE PRESIDING JUDGE,The PROSECUTOR AND DEFENSE COUNSEL/S.(THIS PART SHALL NOT BE SUBMITTED TO THE JURY )
“Confidential In Chamber Conference ” and preparation of the Joint Supplemental Instruction to the Jury .
1. “This conference is mandatory. It shall precede at least one day ahead of the actual jury
trial. It shall be held strictly confidential and its schedule shall not be announced to the public.
Except for the Prosecution Attorney and the Defense Counsels, as well as the Presiding Judge,
no other person or any public official or any member of the media or public shall be invited to this
conference. The attendance of the accused and witnesses shall not be required.” Article XI,
Section 4, Sub-paragraph (1)(a), of the National Jury Law.
2. The main purpose of this Confidential Conference is to prepare and to set up a Joint
Supplemental Jury Instruction for the jury trial. It will serve as a guide in presenting the respective
evidence of the opposing parties during the trial and in submitting the case to the jury for
deliberation and in securing its jury verdict.
3. The other purpose of this proceeding is to avoid waste of time of the jurors in requiring
them to wait at the court room lobby for the judge, the prosecution attorney and the defense
attorneys in planning out how to proceed with the jury trial. The personal time of the jurors is just
as precious as the time of the judicial professionals who are charged with the disposition of this
matter.
4. “Failure of the Presiding Judge, or of the Prosecution Attorney, or the Defense Attorneys
in showing up for this conference, resulting to the postponement of a Firm Trial Date shall be
liable for disciplinary action before the Supreme Court or for criminal liability for obstruction of
justice upon complaint by any party to the case through the Grand Jury.” Art. XI, Sec. 4,
Subparagraph (3) of the National Jury Law.
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Form TJ-110B, The “CHARGE SHEET” The Clerk of Court shall fill in the information called for in the blanks
below. This Charge Sheet SHALL BE SUBMITTED TO THE JURY.
INSTRUCTION TO THE JURY:
THIS DOCUMENT IS NOT EVIDENCE. Read this document as your introductory visual aid inunderstanding the case or cases charged against the accused. In some occasions, there maybe more than one criminal charges. In this situation (Clerk of Court should mark the appropriatebox) [_]-there is only one criminal charge [_]-there are ____ criminal charges, against theaccused.
Title of Case: The People vs
(To the Clerk of Court: Mark “NONE” on blanks for extra case numbers. If there are
more than 3 case numbers, expand the form by adding more blanks to it. If there are
more than one (1) accused in the same Criminal Case Number, a separate Charge
Sheet should be prepared for that other co-accused.)
1. Criminal Case Number:
Offense Charged:
2. Criminal Case Number:
Offense Charged:
3. Criminal Case Number:
Offense Charged:
Name/Location of Court: Br/Sala:
Name of Judge:
Pretrial Conference date held last:
In Chamber Conference Date:
Firm Trial Date (FTD):
NOTE: The information called for in the blanks above
shall be filled in by the Clerk of Court.
299
Form TJ-110C. The “LAW & FACT SHEET” PATTERN. DO NOT SUBMIT this form to the Jury. Instead, submit Form TJ-110D as approved in the “In Chamber Conference.”
For each Case Number under which the accused is cha rged, type on a separate Law Sheet onForm TJ-110D (Example: Form TJ-110D-1, Form TJ-110D -2, Form TJ-110D3, etc) the simplifieddefinition of the crime, the associated aggravating and/or mitigating circumstance in the allegedcommission of the crime as well as allegation of se lf-defense by the accused, if any. At the “InChamber Conference”, both prosecution and defense a ttorneys must submit a draft of theirrespective simplified definitions in their case to the presiding judge for reconciliation and for hisguidance in preparing the final Joint Supplemental Instruction to the Jury. The counsels’ draftsshall be submitted to the Judge only BUT NOT TO THE JURY. Prepare as many Form TJ-110D’sas there are a number of cases in which the accused is charged.
Both the Prosecution and Defense Attorneys shall a lso bring in their respective EXHIBIT LISTSto weed-out inadmissible evidence or exhibits. The admitted exhibits shall then be presented atthe trial and shall be submitted eventually to the jury in the jury room.
PATTERN TO SIMPLIFY LEGAL DEFINITIONS OF TERMS OR PHRASES
Case Number: - People vs
Short name for the alleged crime committed by the accused
[_]- The Indictment: “On or about, etc” [state here the date, time, location and court
jurisdiction and all elements in simple terms of the crime charged against the accused. [In
this bracket, cite Article or Section number, and Definition of Law violated by accused,
then followed by the alleged criminal act or acts of the accused.]
[_]- Aggravating Circumstance: State below in simple terms. Alleged acts of the accused that
add to his guilt and enormity or injurious consequence or suffering upon his victim which
were unnecessary in attaining the objective in the commission of his crime [Authority:
Write in bracket case citation such as “People vs _______ Case #_______ SCRA]
1.
2.
3.
[_]- Mitigating Circumstance: If convicted of the accusation against him, the accused claims
a reduction of the penalty imposed on him for the following meritorious acts he performed
during or immediately after the commission of the crime charged against him [Authority:
Write in bracket case citation such as “People vs _______ Case #_______ SCRA]
1.
2.
3.
[_]- Self-Defense: Accused pleads for acquittal of the crime against him. He only acted in
defense from imminent forceful threat of serious harm or death to himself that the victim
tried to inflict upon his person or well being and that the acts of the accused in defending
himself was no more than necessary to stop the aggression of the victim [Authority:
Write in bracket case citation such as “People vs _______ Case #_______ SCRA]
NOTE: Use same pattern above in simplifying definitions of NON-VIOLENT crimes.
300
Form TJ-110D, Refer back to Form TJ-110 for Guidance:
The “LAW & FACT SHEET ” For Criminal Case No.
Name of the Accused:
Instructions in accomplishing this Form:
1. This Form SHALL BE SUBMITTED TO THE JURY .
2. A separate Law & Fact Sheet shall be prepared for every other criminal case that theaccused is charged with. The first Law & Fact Sheet shall be designated as Form TJ-110D-1. The additional Law & Fact Sheet shall be consecutively designated as TJ-110D-2, TJ-110D-3, TJ-110D-4, and so forth as the case may be.
3. A separate Law & Fact Sheet shall be prepared for a co-accused who may be chargedwith the accused in the same criminal case number above. The first Law & Fact Sheet for the co-accused shall be designated as Form TJ-110D-1. The additional Law & Fact Sheet shall beconsecutively designated as TJ-110D-2, TJ-110D-3, TJ-110D-4, and so forth as the case may be. 4. In retyping/reprinting to finalize this form, an unmarked or blank box ([_]) and its relatingparagraph/s must be omitted or stricken off.
INSTRUCTION TO THE JURYANY STATEMENT IN THIS DOCUMENT IS NOT EVIDENCE
(It is only your guide to understand the case)
Ladies and Gentlemen of the Jury:
Earlier during the trial of this criminal matter, you heard from the testimony of witnesses and also
saw certain exhibits shown to you to prove an alleged unlawful acts committed by a certain
person by the name of (state the full name of the accused including alias name by which he is
commonly known), the accused person in this case. For such alleged acts, the People of the
Philippines has filed a criminal indictment for (state the name of the crime) against the said
accused for the alleged violation of (state Section or Article and name of law violated).
The criminal Act: The indictment specifically stated that on or about (state date) in the (state
the barrio, municipal, city, or provincial location of the crime), and within the jurisdiction of this
Court, with full malicious intent, willingly, and without hesitation, the said accused committed the
crime of (state the name of the crime) in the manner described as follows:
(State in this paragraph in simple and commonly known terms and phrases of
the unlawful act/s of the accused. All elements of the crime must be stated
[In this bracket, write case citation]
The law allegedly violated by the accused is punishable by imprisonment in jail ranging from
____ years and one day to ____ years and one day which shall be imposed against the accused
if found guilty of the crime of (state the name and definition of the crime committed by accused).
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[_]- The Aggravating Circumstance : The indictment further states that the said accused, (state
full name and alias name), additionally committed the act or acts described below which was or
were not necessary in the course of, or immediately after, committing the crime stated above,
thereby increasing the sufferings, humiliation or insult upon the well-being or dignity, of the victim,
as follows:
(State in this paragraph in simple and commonly known
terms and phrases of the aggravating act/s of the accused.)
[In this bracket, write case citation]
If you find proof or evidence that the aggravating circumstance stated above was performed by
the accused in the course of committing the crime of (state name of the crime) or immediately
after committing the said crime, an additional penalty of imprisonment shall be imposed on the
accused if found guilty of the crime charged against him/her.
[_]- The Mitigating Circumstance : The indictment further states that the said accused, (state
full name and alias name), performed the act or acts described below in the course of, or
immediately after, committing the crime stated above, thereby decreasing the sufferings of the
victim, as follows:
(State in this paragraph in simple and commonly known terms
and phrases of the mitigating act/s of the accused in committing his crime.)
[In this bracket, write case citation]
If you find proof or evidence that the mitigating circumstance stated above was performed by the
accused in the course of committing the crime of (state name of the crime) or immediately after
committing the said crime, a lower penalty of imprisonment shall be imposed on the accused if
found guilty of the crime charged against him/her.
[_]- The Self Defense: The said accused, (state full name and alias name), claims that he is
innocent of the crime he/she is charged with that resulted to the injury or death of the victim for
the reason that he/she was purely acting in self-defense to prevent harm from the violent
aggression of the complaining victim.
(State in this paragraph in simple and commonly known terms and
phrases to describe the act or acts of self-defense by the accused.)
[In this bracket, write case citation]
On the basis of the evidence presented to you, it is now your duty to find in your discussion
whether the accused is guilty, or not, of the crime charged against him.
This instruction as finalized has been concurred in by:
______________________ ______________________ ____________________
Prosecuting Attorney Defense Attorney Jury Presiding Judge
(Instruction: Strike out any box [_] not used above)
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Form TJ-111, The Master Joint Supplemental Jury Instruction. This form shall be read by the Presiding Judge and thereafter its copy shall be submitted to the Jury.The Secretary and the Sheriff on duty should closely pay attention also to thisinstruction. This instruction shall be extemporaneously interpreted while beingread by the presiding judge to the Jury.
JURY INSTRUCTION IN SUBMITTING THE CASETO THE JURY FOR DISCUSSION AND DECISION
Honorable Members of the Jury:
Previously, you have heard the evidence in this matter pertaining to the alleged criminal
act or acts of the accused (and his co-accused) while the witnesses gave their testimonies. As
a reminder, EVIDENCE consists, or is a combination, of the sworn testimony of the witnesses
while being seated in the witness chair in this court and the exhibits presented and identified by
the witnesses during their testimony. Evidence also includes statements agreed upon by the
parties through their attorneys and admitted into the records by the judge in this case. The
demeanor of the witnesses such as body language, eye and lip movements that reflect
truthfulness or falsity of his statement are part of the evidence. It is within your power and
authority to determine the existence and truth of the fact of the act or acts of the accused by
applying the evidence in this case whether he has committed, or has not committed, the criminal
act or acts being charged against him (or them).
In a few minutes from now, we will go through the steps below in their chronological
sequence. You do not need to memorize or write them now. A copy of this Instruction shall be
furnished to you through your chosen leader for your review:
First: I will instruct you to go to your private jury room. My Secretary shall lead all fifteen
(15) of you in going there. The first twelve (12) of you that we have chosen and impaneled earlier
shall compose the Regular Jurors , and the last three (3) of you shall be your Reserve Alternate
Jurors . As soon as my secretary leaves you behind that room, the first thing you will do is to lock
your door and no one else, except the 15 of you, shall be admitted inside the jury room. You
should not ask me to sit with you in that room. The National Jury Law forbids me or anybody else
to partake with you in performing your work inside the jury room. You are required to perform
your function to discuss and decide independently with no interference from any person or
anyone. You must not call by cell phone anybody outside or anywhere for help. You are also
not allowed to make a tape recording of your discussion in your jury room. I will definitely hold
you in contempt of court for any violation of my instruction to you.
Second: The next thing you will do after you are locked in and have seated inside the jury
room is to choose your leader. He will be your foreman. You shall also choose his two
assistants. The foreman and his two assistants shall be chosen from among you who are the
12 regular members. None of your alternate jurors can be chosen for those positions. However,
all 15 of you shall vote to choose your leaders. After you have chosen them, you will rearrange
your seating locations. Your foreman shall be seated at the head-end of your jury table. On his
right shall be his First assistant and on the left shall be his Second assistant . The 3 alternative
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reserve shall be seated at the opposite end of the jury table facing your Jury Foreman.
Third: After you have organized yourselves by choosing your leaders, you shall call the
Sherif who will be standing by the door outside your jury room. Simply knock at your door and
the Sherif will see you. Then let him know that you already have chosen your leaders. Do not
mention their names or ICN (ID number) to the Sheriff and then close your door. The Sherif shall
then inform me, your Presiding Judge, that you already have chosen your leaders.
Fourth: After learning from the Sheriff that you have already chosen your leaders, I will
instruct my Secretary to bring in to you all the exhibits presented at the trial. With the exhibits,
my Secretary shall also bring in a blank note pad paper and a pen. All the exhibits shall be
handed to the Foreman. In turn, the Foreman shall lead all your members in reading and
analysing the exhibits. If you have a question, write to me in the note pad your question. Do not
send back to me any exhibit. You must keep them with you inside the jury room at all times. Do
not mention any name of any person in your question. You may use Tagalog or your local dialect
to write me and I will answer your question privately together with the prosecution and the
defense attorney in my chamber and sent to you promptly which will be delivered to you by the
Sheriff. I will answer you in the dialect your question was written.
Fifth: The exhibits are intended to refresh your memory of the events narrated by the
witnesses during the jury trial. After you have all read or examined the exhibits, knock your door
and call the Sheriff to inform me, your presiding judge, to inform me that you already have read,
examined and understood all the exhibits.
Sixth: In this sixth step, I will submit to you, through my Secretary, a document called the
Form TJ-110B. This document is not evidence. It will inform you only on how many alleged
criminal acts have been charged against the accused. If there is only one Criminal Case Number
written on it, this means that the accused has been charged with only one criminal act. If there
are more than one criminal case number, it means that there are other case or cases charged
against the accused and that they are identified with another separate Criminal Case Number
or Numbers. If more than one case is charged against the accused, each cased will be
submitted to you one at a time for your discussion and decision. To understand more about this
instruction, discuss it with all your fellow jurors. If you don’t understand it, let the Sheriff know
who will inform me accordingly, and I will answer your question properly and delivered to you by
the same Sheriff. After understanding how many criminal cases have been charged against the
accused, please let me know through the Sheriff that you understood this instruction.
Seventh: In this seventh step, I will deliver to you, through my Secretary, a “Delivery
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Envelope”, known as Form TJ-136 . Its size is #10, 4.1 x 9.5 inches. [Assisted by Secretary,
closely show to the jury an exact size of the envelope.] Outside the envelope, it will show the
information about the Criminal Case Number and the Name of the Accused. Inside the envelope,
you will find the following items and their description [Assisted by Secretary, standing closely to
show to the jury exactly the items in the envelope, one a time, in chronological sequence and
explain each item.] :
[_]- Form TJ-110D-____, “Law and Fact Sheet ” (Secretary to pre-fill in the blank).
[_]- Form TJ-112, Jury Ballot form in 12 pre-cut pieces (Secretary to precut the ballots). [_]- Form TJ-113, The “Guilty Verdict” form (Secretary to pre-fill accused name & case#).[_]- Form TJ-114, The “Not Guilty Verdict” form (Sec to pre-fill accused name & case#).[_]- Form TJ-137, Empty Verdict Envelope (To contain only the written Verdict of the Jury)
Eight: The discussion and decision process -
(1) Read and reread carefully the “Law and Fact Sheet” in the envelope. The criminal
case number and the name of the accused in Form TJ-110B shall be the same as written in the
“Law and Fact Sheet”. [Assisted by Secretary, point out closely to the Jury, the case numbers
between the two documents]. Review the Exhibits submitted to you.
(2) Your work inside the jury room is to discuss or deliberate among yourselves and to
collectively decide whether the accused is guilty or not in the light of the evidence you heard and
saw. Review again the exhibits, if you need to. Try to recall everything you heard from the
testimony of the witnesses. Ask questions with your fellow members to get a good understanding
in making your decision.
(3) If you find the accused guilty of the crime he is accused of, it must be without any
doubt in your mind. Mere suspicion is not sufficient for conviction. Your guilty vote must be
supported by a proof beyond reasonable doubt. It is a degree of proof that proves the certainty
of the truth of the act or acts and criminal intent of the accused. If you entertain some doubt, you
must acquit the accused. If the accused has remained silent, did not testify by himself in his
favor, you cannot base your guilty vote on his silence because the constitution does not require
him to testify to prove his innocence. At all times, he is presumed innocent until you find him
guilty with proof beyond reasonable doubt.
(4) All the 15 of you, the members of the jury, shall participate in the discussion or
deliberation.
(5) However, only your 12 regular members shall vote to make your decision. As you will
note, only 12 ballots are inside the envelope. No jury ballot shall be given to your alternate
reserves. Your 3 alternate reserve members shall not vote to make your decision.
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(6) When you write your jury vote, do it secretly. Let no one of your fellow jurors know
which way you voted and you must vote according to your own conscience in the light of the
evidence. Then fold your ballot. Wait until everyone has filled in his ballot before submitting it
for counting.
(7) When the foreman sees that everyone has already completed his jury ballot, the
foreman shall call for submission of all ballots to the assistant on his right. All in all, there should
only be 12 ballots to count, nothing more or nothing less. The assistant shall collate the “Guilty”
votes and separate the “Not Guilty” votes. He shall then announce the total of the “Guilty votes”
and the total of the “Not Guilty” votes. Thereafter he will submit it to the second assistant to the
left side of the Foreman to verify the counting of votes and to confirm if correctly counted or call
for correction if not correctly counted.
(8) The Verdict: Once the number of votes is counted and confirmed, the Foreman shall
order the preparation of the Verdict Sheet. A number of seven (7) “Guilty votes”, or more, shall
convict the accused and in such event, the Foreman shall ask his assistant on his left to fill in
Form TJ-113, the “Guilty” Verdict sheet. A number of six (6) “Not Guilty Votes”, or more, shall
acquit the accuse and in such event, he shall ask his assistant on his left to fill in the Form TJ-
114, the “Not Guilty” Verdict sheet.
(9) Thereafter, the Foreman shall formally announce to your fellow members that the
“Jury has [_]-Convicted the accused, or has [_]-Acquitted the accused, as the case may be.
After announcing the verdict by the Foreman, he shall ask you if the number of the majority
verdict is correctly written. If confirm, the Foreman shall put the Majority Verdict Sheet in the
Verdict Envelope, which is Form TJ-137. All other documents such as the Jury Ballots, Charge
Sheets, Law and Fact Sheets, the Exhibits and everything else shall be put back in, or attached
to, the first Envelope, Form TJ-136 and laid on the table for the Court Secretary or Clerk to
gather for safekeeping by the court and collated according to their corresponding case numbers.
(10) After the majority verdict has been placed in the Verdict Envelope, Form TJ-137, the
Foreman shall knock at the door to call the Sheriff to inform the presiding judge that “The Jury
has decided the case .” Once the Sheriff appears, the Foreman shall say to him “The Jury has
decided the case.” The Foreman MUST NOT say which way the jury decided the case. He
should simply say “The Jury has decided the case.” He should not yet give the Verdict
Envelope TJ-137 to the Sheriff, until further order is given by the Presiding Judge for the Jury to
get back to the court. At all times, the Foreman shall take hold of the Verdict Envelope Form TJ-
137.
(11) If the accused has been charged with another act as indicated in Form TJ-110B,
another set of a “Delivery Envelope” Form TJ-136 will be submitted to you, the Jury. Thereafter,
you shall go through the process of analysing the evidence from (1) to (10) listed above in
discussing and in deciding the next case at hand in the same way you did with the first case that
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you have already decided.
Ninth: Separate Verdict Envelope for each Criminal Defendants: After all cases against
the same accused, or of all co-accused, have been decided by the Jury, the Presiding Judge
shall then instruct the Sherif to call on the Jury to get back to the court with all its verdicts in the
corresponding Verdict Envelopes as follows:
(1) If the Jury has two (2) or more verdicts for the same accused for two (2) or more cases
against such accused, put all his Verdict Sheets in one (1) Verdict Envelope, Form TJ-137;
(2) If the Jury has two (2) or more verdicts for 2 or more co-accused or criminal
defendants, place the Verdict Sheet or Sheets in a different and separate Verdict Envelope,
Form TJ-137 corresponding to the name of each of such co-accused or criminal defendants.
Each accused shall have separate and different Verdict Form TJ-137 for the cases attributed to
him.
Tenth: Upon returning of the Jurors from their Jury Room to the Jury Trial Court Room,
the Foreman shall then submit the Verdict Envelope or Envelopes to the Jury Presiding Judge.
The Presiding Judge shall not yet announce which way the jury decided and he will simply state
the applicable comment below:
[_]- “The Jury has reach its verdict(s) in the criminal charge(s) for the Accused,
(by reading his name in the Verdict Envelope, Form TJ-137.)
[_]- “The Jury has likewise reached its verdict(s) for the co-accused (Read his name in the
Verdict Envelope, Form TJ-137), if there is, or are, co-accused in the commission of
the crime.
In turn, the Jury Presiding Judge shall order his Secretary or Clerk to read the Jury Verdict or
Verdicts Sheets, one at a time for the accused and for each co-accused as the case may be. It
is imperative that this proceeding should be recorded accurately by the court stenographer or
court reporter.
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After the verdict or verdicts are all read, the Presiding Judge shall issue the following orders:
(1) To order one of his Clerk of Court AND ALL the jurors to go to the Jury Room for:
(A) Issuance of their Redeemable Voucher, Form GJ-27, to pay their jury fee;
(B) Issuance of their Transport Ticket, Form TJ-131, for their trip back home;
(C) Return to the Clerk of the Juror’s goggles;
(D) Giving back of the cell phones to the jurors;
(E) Removal of the ICN tags from the shirts of the jurors; and
(F) The Clerk, in behalf of the Court, shall thank the jurors for their jury service.
(2) To order the Sheriff to take the accused into custody, if convicted; or
(3) To order the immediate release of the accused, if acquitted; and
(4) To order the Sheriff to provide security to the jurors while departing from the court.
(5) The Sheriff should thank the jurors for their jury service.
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Form TJ-112, JUROR'S BALLOT FORM (Print on a white 8-1/2 by 11" bond paper and cut apart )
(Must be pre-cut into separate ballots forms by Clerk of Court before distributing to the Jury)
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
I vote _____________ in Case # _________
Choose one of the words in parenthesis below:
(GUILTY) (NOT GUILTY) - Date _____________
Write Your ID Code Number here: _______
“Guilty” means the accused shall be punished.
“Not Guilty ”means no punishment for the accused.
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Form TJ-113, "GUILTY" VERDICT FORM .
(NOTE: Staple together Page 1 and 2 of this Form when inserting on Form TJ-136)
This part (Part “A” ) shall be pre-filled in by the Clerk of the Trial Court
“REPUBLIC OF THE PHILIPPINES
BEFORE THE ___________TRIAL COURT OF ________________
Branch _____________
Municipality/City/Province__________________________________
CRIMINAL CASE NUMBER _________________________
The People of the Philippines, Plaintiff versus _____________________, the Accused,
FOR THE CRIME OF ____________________________________________________
This part (Part “B” ) shall be filled in by the Jury Foreman with help of fellow Jurors. This will then be
submitted by the Jury Foreman to the Jury Presiding Judge for Reading of the Verdict by his Clerk of Court.
Date Today: ____________________
Instruction: Use this form if the number of “Guilty” votes is seven (7), or more than the “Not Guilty” votes.
The JURY finds the accused, (name) _______________________________________, of the crime of (name ofcrime) _______________________, GUILTY as charged by the total of _____ GUILTY VOTES against ______NOT GUILTY VOTES, after a thorough and careful deliberation of the members of the Jury.
A. The Jury has found and considered the following AGGRAVATING CIRCUMSTANCES which the Jury
considered not necessary for the accused in attaining the desired result of his crime: (Mark “None” on the blank
line, if none.)
1. _______________________________________________________________________________________
2. _______________________________________________________________________________________
3. _______________________________________________________________________________________(Cross out unused blanks above)
Page One
(Continue on Page 2)
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B. The Jury found the following MITIGATING CIRCUMSTANCES which the Jury considered to have caused
less sever suffering of the victim in committing his crime. (Mark “None” on the blank line, if none.)
1. _______________________________________________________________________________________
2. _______________________________________________________________________________________
3. _______________________________________________________________________________________(Cross out unused blanks above)
Respectfully submitted by: Reviewed for count correctness by two jurors:
Foreman (x)_________________ x________ & x_________
(Sign only with ICN) (Sign only with ICN)
NOTE: JURORS NEED NOT, OR SHOULD NOT
BE FORCED TO, EXPLAIN THEIR DECISION OR VERDICT.
Jurors are Sovereign. Jury Instruction No. (67), Form TJ-108, similar in concept
that they cannot be required to explain when they voted to elect a public official.
- End of Form -
311
Form TJ-114, "NOT GUILTY" VERDICT FORM .
This part (Part “A” ) shall be prefilled in by the Clerk of the Trial Court
“REPUBLIC OF THE PHILIPPINES
BEFORE THE ___________TRIAL COURT OF ________________
Branch _____________
Municipality/City/Province__________________________________
CRIMINAL CASE NUMBER _________________________
The People of the Philippines, Plaintiff versus _____________________, the Accused,
FOR THE CRIME OF ___________________________________________
This part (Part “B” ) shall be filled in by the Jury Foreman with help of fellow Jurors. This will then be
submitted by the Jury Foreman to the Jury Presiding Judge for Reading of the Verdict by his Clerk of Court.
Date Today: ____________________
Instruction: Use this form if the number of “Not Guilty” votes is six (6), or more than the “Guilty” Votes.
The JURY finds the accused (name), _______________________________ for (name of crime) ________________
NOT GUILTY of the crime charged by the total of _____ NOT GUILTY VOTES against ______ GUILTY VOTES after
a thorough and careful deliberation of the members of the Jury.
Respectfully submitted by: Reviewed for count correctness by two jurors:
Foreman (x)_________________ x________ & x_________
(Sign only with ICN) (Sign only with ICN)
NOTE: JURORS NEED NOT, OR SHOULD NOT
BE FORCED TO, EXPLAIN THEIR DECISION OR VERDICT.
Jurors are Sovereign. Jury Instruction No. (67), Form TJ-108, similar in concept
that they cannot be required to explain when they voted to elect a public official.
- End of Form -
312
Form TJ-115, SUMMONS DISOBEDIENCE REGISTRY
_____________ TRIAL COURT OF __________________
Address ________________________________________
Mun/City/Province________________________________
Page ________
SUMMONS DISOBEDIENCE REGISTRY (SDR)
(Paper Size: 8-1/2 by 11" - Temporarily Keep in a 3-Ring Binder - Book bind upon reaching 2-inch thickness)
Entry in this Registry shall be conclusive proof that the OSC has been properly served.
OSC# for
Form
TJ-105
Original
Summons
Number
Name of Citizen
Summons was Issued to
Date of
Failed
Appearance
Date O S C
Was Issued
O S C
Appearance
Date
How O S C
Was Resolved
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
Address
Mun/City/Province
313
Form TJ-116, PETITION & ORDER FORM FOR CONTEMPT OF COURT WITH
NOTICE OF INTENT TO EXECUTE WARRANT OF ARREST
Republic of the Philippines
_________ TRIAL COURT OF __________________
Address: ______________________________________
Mun/City/Province: _________________________________
(Telephone _______________ Fax _______________)
PETITION FOR CONTEMPT OF COURT
WITH NOTICE OF INTENT TO EXECUTE WARRANT OF ARREST
Contempt Citation No. ______________
(Obtain the number from Form TJ-117)
THE HONORABLE PRESIDING JUDGE:
ON MY OATH, I declare under penalty of perjury that the information given in the following paragraphs 1, 2, and3, of this Petition are true and correct. I request that the Respondent, named below, a resident of the Jury District overwhich this Court has jurisdiction, be cited for contempt with notice of intent to serve warrant of arrest if Respondentfails to voluntarily surrender within five (5) days from date of receipt of its citation for contempt of court for disobedienceto a summons to serve for jury duty and for disregarding an order to show cause for [_]-his [_]-her failure to appearfor jury duty:
Name of Respondent: _______________________ Voter Registration# ______________
Address: _________________________________________________________
______________________________________________________________
1. On (date) _____________________ Summons Number ______________, on Form TJ-103, I mailed to the
Respondent requiring [_]-him [_]-her to appear at the office of the undersigned as Jury Commissioner of this Court for
consideration to be chosen to serve as a juror in a jury trial on a criminal case on (date) __________________. The
Respondent failed to appear and neither did [_]-he [_]-she call the herein Commissioner the reason for Respondent's
failure to fulfill [_]-his [_]-her obligation to serve for jury duty. The summons was duly registered in Form TJ-104, Page
_____, of the Summons Registry Book.
2. On (date) ____________________ an ORDER TO SHOW CAUSE requiring the Respondent to appear before
this court on (date) ____________________ to explain the reason for [_]-his [_]-her failure to appear for [_]-his [_]-her
summons to serve as a juror. Respondent was warned in the Order To Show Cause that should [_]-he [_]-she fail or
ignore to appear, [_]-he [_]-she will be cited for contempt of court and that the penalty imposed for the citation shall be
a compulsory community service for two (2) days without pay. The Order to Show Cause was served upon said citizen
in person by a process server of this Court on (date) ____________, with Proof of Service indicated in said Order. The
Order to Show Cause was duly recorded on Form TJ-115, Page ______, of the OSC Register for Summons
Disobedience Book.
314
3. The issuance of the summons and the order to show cause, all served upon the Respondent, were fully
documented in the regular course of business in this Court in our Form TJ-104, the Summons Registry Book; and Form
TJ115, the OSC Register for Summons Disobedience.
I respectfully pray before this Honorable Court that this Petition be granted.
Date of this Petition: ______________ Issued at ______________________.
Signature __________________________ Telephone: __________________
Print Name ___________________________ Title: Jury Commissioner
ORDER
This Court finds in the Petition that the Summons for Jury Duty and Order to Show Cause were issued in the
normal course of business by the Jury Commissioner and that the Respondent has shown complete disregard and
without justification for failing to obey summons for jury duty and response to the order to show cause, this Court
hereby Orders that: The Respondent be held in contempt of Court and shall suffer the penalty of performing
community service for two (2) days without pay. The Respondent is given reprieve for five (5) days to voluntarily
surrender from the date of his receipt of a copy of this Order. If Respondent fails or refuses to surrender, this Court
will issue a Warrant of Arrest upon application by the Petitioner to take the Respondent into custody.
ISSUED at (place) _____________________________ on (date) _______________, BY:
Signature ________________ Print Name __________________ Title: Presiding Judge
SERVICE OF THIS ORDER
From: The Office of the Jury Commissioner - Telephone: _______________
Name of Court: _____________ Trial Court of ____________ Branch _________
Address of Court: __________________________________________________
Mun/City/Province: _________________________________________________
To: ______________________________________, Process Server
Name of Office: _________________________________ Telephone _________________
Address: _______________________________________________________________
_______________________________________________________________
GREETINGS:
You are hereby ordered to serve the foregoing CONTEMPT CITATION AND NOTICE OF INTENT TO SERVE
315
ARREST WARRANT to the Respondent named in the above Petition and Order. Thereafter, accomplish the proofof service of this document by filling in the needed information as called for below and promptly return when
completed to the undersigned:
Signature _______________________ Print Name_________________ Title: JURY COMMISSIONER
PROOF OF SERVICE
[_]- I CERTIFY under penalty of perjury that I have personally served the foregoing citation to the person at theaddress and time indicated below. I am an authorized process server in the organization or office as indicated
below my signature in this certification.
Name of Person Served- ________________________________ Telephone _________________________
If received by another person, name of such person _______________________________________________
Relationship of such person receiving the citation __________________________________________________
Address of the person receiving the citation ______________________________________________________
______________________________________________________________________
Date the citation was served ________________ Time served ______________ ___. M.
[_]- I personally attempted to serve the above citation to the person named therein twice: The first attempt was
made on (date) _____________ at __________ __ M. and the second attempt was made on (date)
________________ at __________ __ M. On both attempts, I failed to effect the required service for the reason
that
_________________________________________________________________________________________
_________________________________________________________________________________________.
_________________________________________________________________________________________
_________________________________________________________________________________________
I DECLARE under penalty of perjury with liability for obstruction of justice that this information is true and correct
and that this failure to serve the herein citation has not been caused by any conspiracy between the person to be
served or with any third party and the undersigned.
Date of this certification: _________________________. Issued at ___________________________________
Signature of Process Server (X) _______________________________ Telephone ______________________
Printed Name _________________________________ Rank or Title ________________________________
Name of Organization or Office ________________________________________________________________
Address __________________________________________________________________________________
_________________________________________________________________________________________
- End of Form -
316
Form TJ-117, DOCKET FOR CONTEMPT CITATION AND NOTICE
OF INTENT TO EXECUTE WARRANT OF ARREST.
"Republic of the Philippines
______________ COURT OF __________________
Branch _________ - Telephone _________________
Address ____________________________________
Mun/City/Province ____________________________
Page _________
(Paper Size: 8-1/2 by 11" - Temporarily Keep in a 3-Ring Binder - Book bind upon reaching 2-inch thickness)
Contempt
Citation #
for use in
Form TJ-116
Date
Citation
Was Issued
NAME OF RESPONDENT
ID # Of
Disobeyed
SUMMONS
Date of
Failed OSC
Appearance
Name of
Process
Server
Date
Citation
Was Served
(Ask Server)
- End of Form -
317
Form TJ-118, APPLICATION FOR ISSUANCE, AND
EXECUTION OF WARRANT OF ARREST,
"Republic of the Philippines
_____________ TRIAL COURT OF ___________
Branch __________ Telephone _______________
Address __________________________________________
Mun/City/Province __________________________________
APPLICATION FOR ISSUANCE, AND
EXECUTION, OF WARRANT OF ARREST
Warrant of Arrest No.
(Obtain the number from Form TJ-120 )
THE HONORABLE PRESIDING JUDGE:
ON MY OATH, I declare under penalty of perjury that the information given in the following
paragraphs 1, 2, 3, and 4, of this Petition are true and correct. I respectfully apply for the issuance and
execution of a warrant of arrest for contempt of court against the Respondent, a resident of the Jury
District over which this Honorable Court has jurisdiction, for disobedience to a summons to serve for jury
duty and for disregarding an order to show cause for [_]-his [_]-her failure to appear for jury duty:
1. The personal information about the Respondent is as follows:
Name _________________________________ Voter ID Registration # ____________________
Number and name of street address ____________-____________________________________
Zip/Barrio/Municipality/City/Provincial address _________________________________________
2. On (date) _______________, this Court had issued a citation for contempt of court with notice
of intention to execute a warrant of arrest against the respondent under Contempt Citation Number
________________. The said Citation was recorded on Page No. _____ of the Docket for Contempt
Citation and Notice of Intent to Execute Warrant of Arrest pursuant to Section 13(m), Rule 3, of the Rules
of the Jury System.
3. In the Citation, the Respondent was given a reprieve of five (5) days to voluntarily surrender and
to commence service of [_]-his [_]-her penalty as imposed in the contempt citation.
4. The citation with notice of intent to arrest was served upon the Respondent on (date)
___________ by _____________________, a Process Server. The proof of service is herewith attached
and marked as Exhibit “1" and made part of this Application. More than five (5) days, excluding
Saturdays, Sundays and Holidays, have now elapsed since the Respondent received the said citation and
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notice and the Respondent has failed and still continue to fail to voluntarily surrender in defiance to the
lawful order of this Court requiring [_]-him [_]-her to serve the penalty imposed on said Respondent.
Wherefore, it is respectfully prayed that this Application for issuance and execution of the warrant
of arrest against the Respondent be granted.
Date of this Application ________________ at (place) _______________________
Signature __________________________Printed Name _______________________________
Title: JURY COMMISSIONER Telephone ___________________________
COURT ORDER TO EXECUTE WARRANT OF ARREST
PREMISES CONSIDERED, the Court finds the Application meritorious, and said Application is
hereby approved. Let a Warrant of Arrest be issued and promptly executed to take the Respondent into
custody.
Date of this Order _______________ issued at (place) ______________________
Signature ____________________________ Printed Name ______________________________
Title: Presiding Judge
- End of Form -
Book entry on Form TJ- 120Verified by: ______________
(Judge shall not sign, if not verified.)
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Form TJ-119, WARRANT OF ARREST FOR CONTEMPT OF COURT
"Republic of the Philippines_____________ TRIAL COURT OF ___________
Branch __________ Telephone _______________Address __________________________________________
Mun/City/Province __________________________________
Warrant of Arrest No. _______ Contempt Citation No. _______
(Obtain new number in Form TJ-120) (Find previous number in Form) TJ-117)
WARRANT OF ARREST FOR CONTEMPT OF COURT
To: ______________________________________, Arrest Warrant Officer
Name of Unit: ______________________________________ Telephone ____________________
Address: ________________________________________________________________________
________________________________________________________________________
GREETINGS:
YOU ARE COMMANDED to serve the herein Warrant of Arrest to seize and take into custody the
accused person named below:
Name of Subject of Arrest - ______________________________ Voter's ID __________________
Home Address - ___________________________________________________________________
___________________________________________________________________
And bring forth said person before this court the next business day following his arrest. A RETURN of this
warrant shall be promptly made to the Court identifying the individual seized and arrested.
Issued at (place) ________________________________ on (date) ______________________.
Signature __________________________
Print Name _________________________
Title Presiding Judge
- End of Form -
Book entry on Form TJ- 120Verified by: ______________
(Judge shall not sign, if not verified.)
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Form TJ-120, RECORD OF ASSIGNED WARRANT OF ARREST AGAINST
DISOBEDIENT CITIZENS ON SUMMONS FOR JURY DUTY
"Republic of the Philippines
_____________ TRIAL COURT OF ___________
Branch __________ Telephone _______________
Address __________________________________________
Mun/City/Province __________________________________
Page _______
Number for
Warrant of
Arrest in
Form TJ-119
Date
Warrant
Was Issued
Name of
Respondent
Contempt
Citation #
from
Form TJ-117
Date Assigned
to Arresting
Officer
Result or Status
of Warrant
of Arrest
Name of
Arresting Officer - > Telephone - >
Name of
Arresting Officer - > Telephone - >
Name of
Arresting Officer - > Telephone - >
Name of
Arresting Officer - > Telephone - >
Name of
Arresting Officer - > Telephone - >
Name of
Arresting Officer - > Telephone - >
Name of
Arresting Officer - > Telephone - >
Name of
Arresting Officer - > Telephone - >
Name of
Arresting Officer - > Telephone - >
- End of Form -
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Form TJ-121. (Reserved for Future Use by the Supreme Court in Creating the
The Resource for CRIMINAL JURY INSTRUCTION)
This Table will be expansive as each new decisions of the Supreme Court
comes up, similar to the SCRA citations.
You may refer to the California Criminal Jury Instruction as a study material how to
set up the Philippine Resources of Decisions at:
http://www.courts.ca.gov/partners/documents/calcrim_juryins.pdf
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Form TJ-122, Instruction For Civil Jury Trial Proceedings. This form consists of 3
important parts and designated as Part “A”, Part “B” and Part “C”. All three
parts shall be visited by the Presiding Judge, the Plaintiff’s Counsel, and the
Defendant’s Counsel, in preparing for the Jury Trial.
"Republic of the Philippines
_________ Court ________________
Address_____________________________________
Mun/City/Province _______________________________________
CIVIL CASE NO. __________
PART "A"
INSTRUCTION FOR THE COURT AND
FOR THE PARTIES OR THEIR COUNSELS
Civil jury trials may be more complex than criminal trials. In view of this circumstance, the parties or
their lawyers may stipulate before the Presiding Judge to redefine or limit the qualifications of jurors they
would mutually agree to sit as jurors. Example of these civil cases are, including but not limited to, medical
malpractice, Commercial Claims, Aviation, among others. They may target a certain educated group of
knowledgeable citizens or at least college graduates who would be more familiar with the intricacies and
terms related to the type of the civil case at hand and to whom application for jury service will be announce.
The names of those who have applied shall then be entered in a raffle bin from which the name of each
juror shall be picked and be subject to challenge at the impaneling of the juryg. The stipulation shall further
state the sharing of the payment of the jurors fee and other possible expenses relating to the trial and the
parties shall be both required to deposit the estimated cost of the civil jury trial. In simple tort claims as
may be determined by the Presiding Judge and the opposing counsels, jurors may be chosen from
potential jurors in criminal cases.
One or two days the actual Civil Jury Trial Proceedings begins, the Presiding Judge (or “PJ”), the
parties or their respective attorneys shall schedule an “in chamber conference” to frame a Joint Jury
Instruction for issuance to the jury to guide the members of the jury on how to follow the sequence, to
understand the proceedings and the evidence presented by each party during the jury trial. If a party is
represented by an attorney, his attorney shall be required in his behalf, not the party himself, to participate
in the In Chamber Conference with the Judge. The conference shall be held confidentially and no other
person or public official shall be permitted to partake in this proceeding. Presence of represented parties
and witness are not required. The actual civil jury trial proceedings begins with the impaneling of the jury.
One of the important purposes of this conference is to avoid the requiring of jurors from waiting the
formulation of the Joint Jury Instruction. The time of the jurors are just as precious as the time of the
professionals in disposing of this matter.
In preparing the Joint Jury Instruction, consult Form TJ-126 for local jurisprudence.
The format of the Joint Jury Instruction:
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The Joint Jury Instruction
Role of the Judge at the “In Chamber Conference”:
1. In conference with both parties or their attorneys, plaintiff and defendant, the judge shall require
each party to state his objective about his case, the law and evidence to be relied by the party to prove
his case one at a time with each party starting with the plaintiff and followed by the defendant.
2. The presiding judge shall consolidate the proposed jury instructions as presented by the
respective parties for issuance and reading before the jury. A jury instruction is a set of simplified definition
of a legal or non-legal but unfamiliar term, law, rule, legal dictum, phrase, sentence, provision of law or the
constitution and followed in parenthesis “(__)” the legal or original reference or citation of the term, law,
rule, etc. .
3. The plaintiff and defendant shall submit to the PJ their respective proposed Jury Instructions.
The Plaintiff’s instructions shall be titled: “Plaintiff’s Proposed Jury Instruction”. The Plaintiff must
attach Form TJ-127, its Bill of Particulars for its claim. Each plaintiff’s instruction shall be numbered
consecutively from “100" through “499" with prefix letter “P”. Example if his first instruction is the word
“award” and his first number is “100". Assume further that the legal source of the word “award” is Article
2232 of the Philippine Civil Code. This Instruction shall be identified and written as:
“P-100, Award - If you find in the evidence that the defendant acted fraudulently, you must issue a
judgment of award in favor of the plaintiff against the defendant (Article 2232, Civil Code of the
Philippines).
If plaintiff’s second instruction is about “Fraud”, this instruction shall be written as:
“P-101, Fraud - Plaintiff is entitled to an award of exemplary damages against the defendant if
plaintiff’s evidence show that the defendant acted fraudulently in performing his obligation to the plaintiff
(G.R. No. 114791. May 29, 1997, Go & Go, vs Ong & Ong).
The Defendant’s instruction shall be titled: “Defendant’s Proposed Jury Instruction”. If the Defendant
has a counter-claim, he/she/it must attach Form TJ-128, indicating his Counter-Bill of Particulars, against
the Plaintiff. The defendant shall use the prefex letter “D” followed by his instruction number. Each
instruction by the defendant shall be numbered consecutively beginning with “500" through “999" with
prefix letter “D” - Example: D-500; D-501; Etc. His instruction shall be written in similar fashion as the
plaintiff’s. He should review carefully the plaintiff’s complaint and his own answer thereto. From there he
shall formulate his instruction based on the defenses in his answer and each of his instruction must be
accompanied (in parenthesis) the citations of points and authorities to support his instruction.
Advisory Note (Not mandatory): READ BUT DO NOT COPY to prevent copyright violation. It may be
helpful to peruse the newly up-dated California Civil Jury Instruction which is found in the following web
site: http://www.courts.ca.gov/partners/documents/caci_2015_edition.pdf (copy/paste to ensure in
targeting the correct URL) in preparing the Joint Civil Jury Trial Instructions.
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Role of the Plaintiff at the “In Chamber Conference:
The plaintiff shall submit to the presiding judge his prepared written proposals as his instructions
using Form TJ-127 for submission to th jury as a guide to indicate the following items to prove his claim
or case:
1. Objective (meaning what does he want from the defendant?) based on his
pleading complaint he has filed earlier in court);
2. The evidence and number of witnesses he will present; and
3. Instruction in simplified terms that defines the law, leading decision,
jurisprudence, or contract, relied by plaintiff for his or her claim.
Role of the Defendant at the “In Chamber Conference:
Likewise, the defendant shall submit to the presiding judge a written outline of his defense/s also
showing the following items:
1. Objective (meaning why the plaintiff has no right to collect or seek redress from
the defendant) usually based on his response pleadings he as filed earlier in
court;
2. The evidence and number of witnesses he will present; and
3. Instruction in simplified terms that defines the law, leading decision,
jurisprudence, or contract, relied by defendant to defeat plaintiff’ claim.
If the defendant has a counter-claim or cross-claim, the defendant shall likewise formulate his or
her Instruction by submitting Form TJ-128 in simplified terms that defines the law, leading decision,
jurisprudence, or contract, relied by plaintiff for his or her claim.
If there are other adverse parties, the same pattern shown above shall be used by that party in
outlining his objective/s about his case which he must submit to the presiding judge. The PJ shall assign
to each additional parties their jury instruction numbers from 1000 through 1449; 1500 through 1599; etc.,
and their respective letter prefixes.
If a counter-claim or a cross claim is presenting by the defendant or any third party, the Presiding
Judge shall explain to the Jury the meaning and nature of a “Counter-Claim” or a “Cross-Claim”.
Upon completion and approval by the PJ of the foregoing Joint Jury Instruction (which must include
the proposed instruction by both parties), the Plaintiff’s, and Defendant’s Counsels, and before
proceeding to Part “B” below , the Presiding Judge shall then issue an order to call the Jury
Commissioner to bring in 29 jurors for empaneling.
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PART "B"
INSTRUCTION FOR THE CIVIL JURY TRIAL PROCEEDINGS
(Must be translated contemporaneously during the trial
from English to the local dialect of the jurors, if necessary)
This instruction shall be read to the jury prior to the presentation of the evidence at the trial.
At the trial, a simultaneous translator may be employed to translate the Instruction as it is being
delivered. Part of the training of a court translator is to read this instruction in advance so that he will be
ready with terms to translate unfamiliar words. It may be delivered in a combination of both English and
the local dialect by the judge to make the proceedings substantially understood by the jurors as follows:
"Ladies and Gentlemen of the Jury:
"You are now about to hear the presentation of the evidence in this case. There are two opposingparties in this trial. The Plaintiff and the Defendant.
“The Plaintiff is the party who is seeking an award (or restitution) from the defendant. “The Defendant is the party who is resisting or denying the complaint or claim of the plaintiff.” (If
there are other contending parties such as a counter-claimant or cross-claimant, the Presiding Judgeshould state that fact and instruct the jury accordingly.)
“It is a common practice that a plaintiff or a defendant is represented by an attorney or counsel.The word counsel has the same meaning as attorney. When I mention of plaintiff’s counsel, it is the sameas plaintiff’s attorney. And so with defense counsel is the same as defense attorney.
“I understand that you have no special training in law and it is for this reason that you qualified tosit as a juror. The jury system has been specially instituted for the general public to participate in ourjustice system in accordance with our democratic form of government. Juries are not necessarily madefor lawyers. In order for you to learn your job as jurors in this case, I instruct you to listen carefully on whatI read or say to you. By the rules of the jury system, legal terms have been redefined into simple terms,words and phrases. To make those legal terms even easier to understand, we have employed a trialtranslator who will translate my words, and the words of the attorneys, into your common local dialect.
"First, I would want you to learn about the word "Witness." A "witness" is the person who is swornto testify to tell the truth, the whole truth, and nothing but the truth in this court. Normally, he/she is requiredto sit in a witness chair or stand to state the information he/she is asked for the purpose of this trial thatyou are about to hear by way of answering questions from the Plaintiff’s Counsel, the Defense Counsel,or by this Presiding Judge.
"Therefore, if you hear that same witness speaking outside this court and it happens that you wereriding together in the same bus with him and you heard him talking about the same case he testified to butwith a different story than what he said in court, you must not give any value (or you should not mind) towhat he said at the bus. Important reminder : This is my instruction to you. You must not talk or arguewith him and you do not need to listen to him. And so, at the time this case reaches the stage wherein youare asked to deliberate on it, you must not tell your fellow jurors about the different story the witness saidthat you heard at the bus. Why? Because he was not sworn at the bus and he was not sitting on thewitness chair. The bus has no witness chair in the first place.
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"At this time, I want you to know two important words. Their meaning are very different from eachother. They are not the same. You cannot substitute one for the other.
"The first word is “Opinion” and the second is the word “Evidence.”
"The “opinion” is what you hear from the mouth of the Plaintiff’s counsel or of what the defensecounsel says about his case or his opponent’s case or from the mouth of some else who is not a witness.An opinion is not evidence. You are not allowed to use an opinion to make your decision in this case. From time to time, by way of instructions, I will tell you which one is an evidence and which is not.Exception: You may consider an opinion like an evidence if:
(a) It is an "Expert Opinion",
(b) The person stating his opinion must have been sworn in to tell the truth, etc. and must havebeen seated in the witness chair and has answered questions from the Plaintiff’s Counsel orfrom the Defense;
(c) It is shown that the person making the opinion had sufficient training or experience on thesubject he testifies to; AND
(d) It was admitted into evidence by the presiding judge of the court; and, again,
"The “evidence” is what you hear from the mouth of the witness who was sworn in and he isrequired to talk in the witness chair during a court session. The evidence is your basis to make yourdecision in this case.
"Another thing you must learn about "evidence" is that it consists of several things: The statementor word of mouth by a witness is evidence. An object or thing related to a case in court to prove a factwhen identified by a witness is evidence. Objects are usually marked or referenced with exhibitidentification, such as Exhibit "A", Exhibit "B", Exhibit "1", and others. Evidence, therefore, is a combinationof what the witness said, an object and identified as an exhibit to prove or disprove a fact.
"The words and statements of attorneys are not evidence. Attorneys only act as guides to help youfind and understand the evidence. If there is variance or difference between what the attorney says overwhat the witness says, you must rely on what the witness said - not what the attorney said.
"Before the attorneys will present their witness or evidence, each of them will make an openingstatement in favor of their side of the case.
"The plaintiff’s attorney usually delivers his opening statement, and the lawyer of the accused may,or many not, make an opening statement.
"At this point, I will ask you a question. You must not be afraid to give me a wrong answer. Thisis a part of your instruction and it is imperative that you learn it now. My question is this:
"When the lawyer delivers or speaks of his opening statement, did you hear an evidence or did youhear an opinion? Right or wrong, I would like to hear from."
(Presiding judge should emphasize that the words coming from the mouth of the lawyer is only an opinion and it is not an evidence).
"Again, the thing you should remember is that an evidence can be accepted only when it is statedby the witness while testifying in the witness chair during a court hearing or trial. The subsequentstatement, therefore, of the witness who speaks at another location after he testified in court such as whenhe speaks over the radio or television show or anywhere with another version than what he testified to in
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court is not the evidence. What the witness said over the radio or television station is a matter of opinionand of no evidentiary value because he was not sworn to tell the truth of what he said at the radio stationor at the television show or anywhere else even if such person is the most powerful government officialof the land.
"Another evidence you must know is "Circumstantial evidence." Circumstantial evidence is a factor event that can be used to infer or presume another fact or another event. It is an indirect evidence, anevidence the witness did not see, but it implies that something occurred or exists but does not directlyprove it. It is a proof of one or more facts from which one can find another fact. An example of that factis while you were sleeping during the night it rain very hard. When you walk up and looked over thewindow the ground was very wet and a neighbor of yours said “it rain very hard last night”. You believedyour neighbor’s statement because you saw the effect of what he stated.
"You may also hear an objection to an evidence by an opposing attorney saying that the evidenceis a "hearsay evidence." In ordinary meaning, a hearsay evidence is like a second hand evidence wherethe witness is stating a fact or event based on what he heard from another person or witness and not onwhat the witness himself has directly and actually seen, heard, or felt of the occurrence or existence of afact or event he is testifying to. You must not believe a hearsay evidence and I confirm it is if it is objectedto by an opposing party.
"In the course of the trial, an expert witness may be called to demonstrate or describe a "ScientificEvidence." He is more of a teacher about the underlying scientific theory and instrument implementingtheory. He is called in to bring out opinions that a theory is valid and the instruments involved are reliable.The witness must be accredited as an expert witness, which may require academic qualifications orspecific training. You may or you may not accept his explanation as viewed from the logic or natural resultof his statements.
"Remember the rule. Evidence may be acceptable only if allowed by the judge to be admitted intothe record and while the witness speaks on the witness stand. So, if you hear any body talking about afact, not sworn and not seated in a witness chair or stand, regardless of how prestigious or powerful heis, even if he may be the highest somebody of your community or who said "I am Chief of Police So andSo, and I actually saw the happening of the crime or event," what you hear is not evidence. What youheard is an unsworn declaration from someone who cannot be prosecuted if his or her statement is a lieor a statement of falsehood outside of the court trial.
“There is an exception wherein an evidence will be admitted without the need of a testimony by awitness. It is called “Stipulated Evidence”. Its other name is “Agreed Evidence” wherein both the plaintiff’sattorney and the defense attorney will agree with the approval of the judge that the evidence be admittedwithout being testified to by a sworn witness. If such an evidence will come up, you will be told that it isa "stipulated evidence" upon which you believe to prove or disprove the existence or not of a thing, fact,or event.
“Now, here is another word I want you to know at heart. The word is the “law” of the case you aregoing to hear. In a civil case such as this present case, the law of the case is the law according to whatI state to you or the contract between the parties. However, a contract entered into by two or more partiescontrary to law or public policy is not a contract and cannot be made the “law” between the parties. It isan invalid contract.
“You must remain neutral and you must not make a final mental decision in this case until up to thelast minute when the time comes for you to cast your secret vote to make a jury verdict or judgment.Before making your decision you must first carefully and thoroughly deliberate or discuss with each otherthis matter with your fellow jurors in your jury room. If we are not able to finish this trial at the end of thisday, you must not think anything about this case, and have a good night sleep. You are not allowed to talkto each other among yourselves for your private deliberation. It is never allowed and if I will learn that youviolated this rule, I will hold you in direct contempt of court and I will order the Sheriff, the person in uniform
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in this court, to keep you in jail in the duration of this trial.
“The next phrase you must learn is “preponderance of evidence .” In civil trials generally, the proofrequired to prove a fact is by “preponderance of evidence” or the greater balance between twoprobabilities. Think of our common estimation of 50-50. Whoever provides additional proof of 1 to raisehis point to 51 has achieved his “preponderance of evidence”.
“Another phrase I instruct you to learn is “Clear and convincing evidence” . This is a higherdegree of proof compared to preponderance of evidence. It is required in proving a fact in civil tort cases.Tort cases refers to injury or property damage claims arising from the recklessness or gross negligenceof the responsible party that led to an accident. To prove something by "clear and convincing evidence",the party with the burden of proof must convince the trier of fact that it is substantially more likely than notthat the thing is in fact true. As a jury in this case, you are the trier of fact. If this were a solo judge trial,the judge would be the trier of fact. In the 50-50 scale of probabilities, Clear and convincing evidencewould be somewhere around 60 and/or higher probability.
“The other phrase I am instructing you to learn is the “Proof beyond reasonable doubt” .[For criminal case only: This is the standard required by the prosecution in criminal cases within anadversarial system. This means that the proposition being presented by the government must be provento the extent that there is no "reasonable doubt" in the mind of a reasonable person that the defendant isguilty. Usually, reasonable doubt is defined as "any doubt which would make a reasonable person hesitatein the most important of his or her affairs." A balance in the scale of 50-50, where the probability of 90 maynot satisfy the standard for proof beyond reasonable doubt. It should be much more than 90.]
[For civil case only: In the present case, proof beyond reasonable doubt is not required for you in orderfor the plaintiff to prevail in his/her/its claim.]
Both of the parties will present or show to you their respective evidence. Stated in another way, theevidence consists of the testimony of the witness and the exhibits that each party will introduce throughthe identification by their witnesses. The exhibits come in different forms such as a document or a simplepiece of paper or anything you hear and see or shown to you by the witness who is testifying in answerto the questions in the course of this trial. Once an exhibit is identified by the witness, it is promptlydesignated as an, example “Exhibit 1 or Exhibit 2, and others.
Sometimes the exhibits were already marked earlier with such identifications. Remember thatexhibits are not evidence if they are not identified by the witness at the witness stand. Example: If you hadseen the exhibits with the markings and being carried into the court room and the attorney told the jury,“this is Exhibit 1", but it was not identified by a witness on the witness stand, that “Exhibit 1" even if it wasmarked is not evidence. It is only made as an evidence when it is actually identified by the witness or whenit is admitted as a "Stipulated Evidence."
The presentation of the evidence will be shown in the following sequence:
The party who has the first right to present his evidence is the Plaintiff through his/her/its attorneyor counsel.
He will call his first witness to the witness stand and have his witness sworn to tell the truth, thewhole truth and nothing but the truth and required to sit in the witness chair. The Plaintiff’s attorney willthen ask all questions to the witness to obtain his statements or testimony. Along the way, he will showdocuments or things or items to the witness which are marked with Exhibit identifications to prove his case.The act of the Plaintiff’s attorney to ask questions to his own witness is called “Direct Examination.”
In "direct examination," the witness that is being asked to answer questions is the witness whois in favor of the party or his attorney who is asking the questions. In direct examination, the attorney orthe party asking questions is not allowed to ask a leading question to his own witness.
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A "leading question" usually calls for an answer that is either "Yes" or "No". The question itselfalready contains the answer. It is like putting the answer in the mouth of the witness. Often times, aleading question is objected to by the opposing attorney. If there is an objection to a leading question, youmust listen to the instruction of the judge who will tell you either to accept or forget about the answer asif it is not an answer at all.
After the plaintiffs attorney’s’s direct examination is finished, the attorney for the defendant willlikewise have the right to ask questions to the witness of the plaintiff’s attorney. This act by the defenseattorney is known as “Cross-Examination.” The purpose of the cross-examination is to find anything in thedirect examination that may not be true or to find inconsistencies on what the witness said. Incross-examination "leading question" is allowed. It is a question from the opposing counsel to verify howtruthful the witness was in answering questions during his direct examination by his own friendly attorneyor party.
When the cross-examination by the attorney for the defendant is done, the plaintiff’s attorney maycontinue asking questions to the same witness on matters that were brought out during the crossexamination. This process is called “Redirect Examination”, to fix or rehabilitate the testimony of his ownwitness if needed.
When all the witnesses of the plaintiff’s attorney had already testified with direct examination, crossexamination, and re-direct examination, then, it becomes the turn of the defendant with his lawyer to callhis own witness for his own defense. This is the time when the attorney for the defendant will conduct hisown “Direct Examination” upon his own witness.
After the lawyer for the defendant is through or finished with his direct examination, the plaintiff’sattorney will in turn have the right to “Cross-Examine” the witness of the defendant. And when he is donewith his cross-examination, the attorney for the defendant may likewise do a “re-direct examination” on hiswitness to clarify new matters that came about during the cross-examination.
In the course of the direct examination, or cross-examination, of a witness, the opposing attorneymay object to the question of the other counsel. In such event, you must pay attention of what I will sayas presiding judge. I will either sustain the objection or I will deny the objection.
When I sustain the objection, it means that I do not want to allow the question to be answered. Ifthe witness had already answered, I will order to strike out the answer and you must therefore disregardthe answer.
When I deny the objection, it means that I will allow the question to be answered. The answer tothe question will stand or that I will say, “witness may answer.”
Another instruction I want you to remember.
There are some few instances in a civil jury trial that a member of the police or military force maybe called to testify as a witness. Very often a civilian witness is called in to testify. You are required to giveequal weight of credibility to the testimony of either witness. As to whom you will believe better than theother will depend on the logic and truthfulness of the statement of the witness as you may observebetween the testimony of such witnesses.
It is likewise usual that a witness may not be an eyewitness to the crime but he is called in to testifybecause he is considered an expert witness. He is considered to have a better education and experienceon the subject that he is testifying to. When you are confronted in believing the testimony between theexpert witness and an ordinary witness in the subject that is being talked about, you may give morecredence to the testimony of the expert witness.
If you are confronted in weighing the correctness of the testimony of an expert against the
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testimony of an eyewitness or the witness who actually saw the happening of an event on the subject beingtalked about, you may give more credence to the testimony of the eyewitness.
"To start the presentation of the evidence in this case, I ask plaintiff’s counsel to introduce himself
and the name of his client. Defendant’s counsel, please do the same.
(PJ continues the issuance of Instruction) "The plaintiff has presented a complaint to this court
seeking (payment for a sum of money) or (for some redress claiming violation of his well-being or right)
from the defendant;
“On the other hand the defendant has denied any responsibility against the plaintiff’s claim. (If
counter-claim or cross-claim is presented by the defendant, also read the appropriate instruction in the
following box/es.)
Instruction on the Counter-ClaimAdditionally, the Defendant has filed a COUNTER-CLAIM against the plaintiff. A counter-claim is a
lawsuit in which the defendant is requesting for payment of a sum of money or for damages against theplaintiff. The defendant, then, shall be required by the rules to prove his claim with his/her evidence.
Instruction on the Cross-ClaimFurthermore, the Defendant has also filed a CROSS-CLAIM. This is a situation wherein there are twoor more defendants in a case and one of the defendants files a lawsuit on the same subject lawsuit
against his own co-defendant. Sometimes, it can also happen when there are two or more plaintiffs inthe same case and one plaintiff files a coss-claim against his/her/its co-plaintiff.
“The plaintiff and the defendant now are asking your wisdom to resolve their conflictingclaims. Before you may do so, I want you to listen and understand carefully every word in thefollowing instructions I am about to issue to you:
(All INSTRUCTIONS MUST BE FORMULATED BEFORE ADDRESS ING THE JURY)
"Counsel for the plaintiff may now make his/her opening statement for the plaintiff’scase and followed by the defense counsel to do so for the defendant. You may recall in theearlier instruction that the statements of the respective counsels or attorneys are not evidenceand they are merely your guides in understanding the case.
Attorney for the Plaintiff: "Good morning/afternoon, Ladies and Gentlemen of the Jury.
(Plaintiff’s attorney to deliver his opening statem ent at this stage and promptly calls in his first witness to te stify)
“My first witness is ______________________.
The Court Clerk swears in the witness: "Do you swear to tell the truth, the whole truth and
nothing but the truth at this trial?"
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Witness answers: "I do."
Attorney for the Plaintiff shall now proceed with his questions to the witness.
1. Witness _________________ <- (Fill in blank when witness is sworn)
Witness to answer Attorney for the Plaintiff's questions.
Plaintiff’s attorney asks witness to identify Exhibit "__"; asks questions about it;
Plaintiff’s attorney asks witness to identify Exhibit "__"; asks questions about it;
Defense attorney cross-examines (asks question) on same witness;
Plaintiff Attorney’s redirect examination (asks question) on the same witness
Attorney for the Plaintiff continues with his next witness:
"My next witness is _________________ .
2. Witness_________________ <- (Fill in blank when witness is sworn)
Witness to answer Attorney for the Plaintiff's questions.
Plaintiff’s attorney asks witness to identify Exhibit "__"; asks questions about it;
Plaintiff’s attorney asks witness to identify Exhibit "__"; asks questions about it;
Defense attorney cross-examines (asks question) on same witness;
Plaintiff Attorney’s redirect examination (asks question) on the same witness
Attorney for the Plaintiff continues with his next witness:
"My last witness is _________________
3. Witness _________________ <- (Fill in blank when witness is sworn)
Witness to answer Attorney for the Plaintiff's questions.
Plaintiff’s attorney asks witness to identify Exhibit "__"; asks questions about it;
Plaintiff’s attorney asks witness to identify Exhibit "__"; asks questions about it;
Defense attorney cross-examines (asks question) on same witness;
Plaintiff Attorney’s redirect examination (asks question) on the same witness
The Judge:
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"Ladies and Gentlemen of the Jury, it is now the turn of the defense to present its
evidence. I must remind you that you must not yet make any conclusion in your mind about this
case at the present time.
"There are two things to consider before you can conclude this case and that: One, you
must first hear the evidence of the defendant, and second, you must discuss about the case only
when you are told to do so at the proper time. I must remind you again, that you must not discuss
or talk about this case with anyone, not even among with your fellow jurors at this time.
“The defense attorney may now deliver his opening statement or he may proceed to call
his witness to the stand without making an opening statement.
"Defense counsel, you may now proceed."
Defense counsel:
"Thank you, your Honor.
"Ladies and Gentlemen of the Jury, good morning/afternoon, to you all.
(Defense counsel to deliver his opening statement or directly call in his witness to testif y)
My first witness is ______________________
The Court Clerk swears in the witness: "Do you swear to tell the truth, the whole truth and nothing but the truth at this trial?"
Witness answers: "I do."
Defense attorney shall proceed now with his questions to the witness.
1. Witness ________________________ <- (Fill in blank when witness is sworn) Witness to answer defense attorney's questions.Defense attorney asks witness to identify Exhibit "__"; asks questions about it;
Defense attorney asks witness to identify Exhibit "__"; asks questions about it; Plaintiff’s attorney cross-examines (asks question) on same witness;Defense attorney redirect examination (asks question) on the same witness
Defense attorney continues and says: “My next witness is:”
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2. Witness ________________________ <- (Fill in blank when witness is sworn) Witness to answer defense attorney's questions.Defense attorney asks witness to identify Exhibit "__"; asks questions about it;
Defense attorney asks witness to identify Exhibit "__"; asks questions about it; Plaintiff’s attorney cross-examines (asks question) on same witness;Defense attorney redirect examination (asks question) on the same witness
Defense attorney continues and says: “My last witness is” (and sworn in):
3. Witness ________________________ <- (Fill in blank when witness is sworn) Witness to answer defense attorney's questions.Defense attorney asks witness to identify Exhibit "__"; asks questions about it;
Defense attorney asks witness to identify Exhibit "__"; asks questions about it; Plaintiff’s attorney cross-examines (asks question) on same witness;Defense attorney redirect examination (asks question) on the same witness
After the attorney for the defendant is done in presenting his witness and his exhibits, headdresses or tells the jury and the judge: "Your Honor, I have no more witness to present orexhibits to be identified."
The judge now shall ask the Attorney for the Plaintiff: "Counsel, are you presenting arebuttal witness?"
If, there is, or there is none, the judge will inform the jury accordingly.
If no more rebuttal witness is presented by the Attorney for the Plaintiff, he will thenproceed with his Closing Arguments which he must address to the Jury. He will again state hisposition regarding his side of the case.
After the delivery of the Attorney for the Plaintiff's Closing Argument, he gives his thanksto the jury and the judge.
When the Closing Arguments by the Attorney for the Plaintiff is done, the attorney for thedefendant will likewise state his Closing Arguments to overcome the allegations of the Attorneyfor the Plaintiff.
Finally, following Closing Arguments of the attorney for the defendant, the Attorney for thePlaintiff will make his sur-rebuttal against the closing arguments of the attorney for the defendant.A sur-rebuttal argument is a statement intended to overcome what was said by the defenseattorney in his closing arguments.
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The Judge now addresses the Jury:
"We still have another instruction coming up. In the mean time, I order you to have a briefrecess. While you are in recess, I will be presiding the offer of exhibits by the respective partiesto this case. Exhibits admitted into evidence will be submitted to you once you get your order fromthis court to proceed to the private deliberating room. Remember that up to this time, your mindshould remain neutral. You are reminded that you must not talk with any person even amongyourselves about this case while you are on recess. Do not stay too far from this court. You willbe called back any moment soon for further instruction.
PART "C"OFFER OF EXHIBITS
As soon as all the jurors have step out of the room for recess, the Presiding Judge shall order the
parties or their attorneys to offer their respective exhibits as well as each other's objection. The presiding
judge will then formally rule on the admissibility of the exhibits being offered. The judge shall instruct the
respective attorneys to the case, the following:
"First, let me ask the plaintiff for its exhibits. One at a time, I will identify all the exhibits as marked
and I will show them briefly, one at a time, to the defense and to which the defense counsel must state
his objection for its admission and the basis for his objections. After this process is completed, I will then
rule on the admissibility or not on the exhibits objected to by the defense;"
"The defense counsel shall act by the same process. The plaintiff has the obligation to offer its
objection specifically for each exhibits and the basis for his objection. I will then rule on the admissibility
or not on the exhibits objected to by the plaintiff;"
The Plaintiff and the Defense lawyers with the PJ will now finalize their joint instruction which they
prepared before the Jury Trial began. This final instruction in written form will then be submitted to the
Jury. It will be in the following form. It looks almost exactly the same Joint Instruction before the trial
began, except this time, there may be changes and some lines are already filled in very briefly. Upon
completion, the presiding judge shall order his clerk of court to compile in one large brown envelope, 10"
X 13" in size, the following Items:
[_] - Form TJ-123, This Final Joint Instruction to the Civil Jury;
[_] - Form TJ-124P, Plaintiff’s ballot forms (pre-cut and kept in a separate small envelope);
[_] - Form TJ-124D, Defendant’s ballot forms (pre-cut and kept in a separate small envelope);
[_] - Form TJ-125, Civil Jury Verdict’
[_] - Form TJ-139, List of Exhibits for the Plaintiff with the exhibits attached to it.
[_] - Form TJ-139, List of Exhibits for the Defendant with the exhibits attached to it.
- End of Form -
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Form TJ-123. Instruction for Submitting a Civil Case to the Civil Jury for Deliberation and Verdict.
There are 5 Stages to follow in this Form and designated as Stage “A”, “B”, “C”, “D” and
“E” which all shall be studied in days before the actual jury trial begins. The actual jury
trial begins with the impaneling of the members of the jury.
This form, and all other forms to be submitted to the jury must be translated into the common local
dialect that the jurors can speak, write, and understand. The Executive Judge of the Regional Trial
Court shall form a Committee composed of 5 citizens who are proficient both in English and the local
dialect of the district to perform the translation. The blanks in the forms shall then be filled in English
or the local dialect of the jurors or a hybrid of the two whichever is convenient for them.
The Presiding Judge will now recall the jurors
CIVIL CASE NO. _______________
"Ladies and Gentlemen of the Jury:
"Here is your Written Final Instruction in dealing with this matter. This written Instruction
is NOT EVIDENCE. It is given to you as a GUIDE ONLY on where to begin with your analysis of
the evidence for your discussion and in deciding the case. I order the Sheriff to stand by near
your deliberating room door and if you need something very important for this court to know, you
simply knock at your door and the Sheriff will knock to answer your call.
All alternate jurors in this matter shall be present in your discussion but shall not be allowed
to make comment during your deliberation and shall not be allowed to vote and to whom no ballot
shall be furnished. If, for any reason, one or any of your regular members is unable to finish with
your deliberation or is unable to write his or her ballot, you must call the Sheriff and tell him you
are unable to finish the deliberation and you want to see the judge and all parties in court. Once
back in court, shall you then inform the Presiding Judge who shall formally make an order for the
record to replace your incapacitated regular juror with the senior alternate. You will be ordered
back to continue deliberation until you make your secret voting.
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"FINAL JOINT INSTRUCTION TO THE CIVIL TRIAL JURY
The Presiding Judge shall hand this instruction with the order to contain in a brown envelope, size 10" by
13" all of the following forms for delivery to the Jury in the Jury deliberating room:
[_] - Form TJ-123, This Final Joint Instruction to the Civil Jury;
[_] - Form TJ-124P, Plaintiff’s ballot forms (pre-cut and kept in a separate small envelope);
[_] - Form TJ-124D, Defendant’s ballot forms (pre-cut and kept in a separate small envelope);
[_] - Form TJ-125, Civil Jury Verdict’
[_] - Form TJ-139, List of Exhibits for the Plaintiff with the exhibits attached to it.
[_] - Form TJ-139, List of Exhibits for the Defendant with the exhibits attached to it.
(Follow the Sequence in this Instruction)
REMINDER: THESE DOCUMENTS ARE NOT EVIDENCE THEY
ARE GUIDES ONLY FOR YOUR DISCUSSION
Ladies and Gentlemen of the Jury:
I instruct you to follow exactly all the steps below in their proper sequence in your discussion and in arriving
at your verdict.
First: DO THIS FIRST BEFORE STARTING YOUR DISCUSSION:
CHOOSE YOUR Foreman before proceeding.
Second: Special instruction for the Foreman. Stay neutral when you preside so that you will not violate
your certification which you must sign in the verdict form, Form TJ-125. Exception: You vote either way
but secretly according to your conscience tells you in the light of the evidence you have heard and saw.
No tape recording shall be allowed during your deliberation. Alternate jurors shall participate in choosing
your Foreman. Your Foreman shall be chosen only from among the regular members of the jury.
Absolute rule: An alternate juror has no power to vote to decide to reach a jury verdict and no alternate
juror shall have the power to request, demand, or force to exercise the vote of a regular juror.
Third: Your Foreman MUST read aloud this entire instruction for all of you to hear including the enclosed
Ballot forms (which must be all in blanks), the Civil Jury Verdict Form, TJ-125. DO NOT DO ANYTHING
ELSE but just read this Instruction. After reading, go back to Stage "A" and start your work: Also
absolutely important: No one else but only you, the members of this jury, must enter in the deliberation
room. You must not call by phone anyone. You are absolutely forbidden to contact any outsider for
anything you need for information. You must contact the Sheriff of this court, if someone tries to interfere
in your proceeding.
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The role of the Foreman: He/She will preside your discussion. He/She should stay neutral all
through out your proceeding, except when finally voting for the verdict which he/she do so likewise secretly
with other members; Arrange the sequence in which each one who wish to speak or to ask a question
among you. When a question is asked whether the defendant is responsible to pay the plaintiff or not, the
Foreman must call any member to answer the question and let such member speak to express his opinion.
Regardless of the conflicting or agreeing opinions expressed in the oral discussion, no one should dictate
or force his fellow jurors to follow his opinion. It is enough that other jurors have heard his opinion. What
will count are your secret votes when summed up which will become your jury verdict.
It is now your duty to carefully examine the evidence presented to you by going over them in the
order and sequence in the stages below:
STAGE "A" THE INSTRUCTION BY THE JUDGE ON THE LAWS GOVERNING THE CASE ARE
AS FOLLOWS (Spaces in Nos. 1, 2, 3, and 4 must be pre-filled prior to submission to
the Jury):
1. The law and/or the contract relied by the plaintiff for its entitlement on his/her claim against the
defendant is as follows (adopted from the plaintiff’s proposed jury instructions):
____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. The law on punitive damages, if applicable (adopted from the plaintiff’s proposed jury
instructions) _______________________________________________________________________
____________________________________________________________________________________
_____________________________________________________________________________________
2. The law on punitive damages, if applicable (adopted from the plaintiff’s proposed jury
instructions. Must be proven with clear and convincing evidence) _______________________________
_________________________________________________________________ __________________
_____________________________________________________________________________________
4. Other laws, jurisprudence, or contract relied by the defendant for its denial to defeat the
plaintiff’s claim. ______________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
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___________________________________________________________________________________
STAGE "B" - PRESENTATION AND OFFER OF EVIDENCE BY THE
PLAINTIFF (Blanks below must have been filled in while
each witness was testifying during the trial):
1. Witness (Write name of witness) ______________________________________________
Testified that: (one brief sentence by plaintiff) ____________________________________
_________________________________________________________________________
Foreman should ask: "Are you convinced by the testimony of this witness? Why?
Any or more juror may answer, one at a time.
Exhibit " " showed that: (one brief sentence by plaintiff) __________________________
_________________________________________________________________________
Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
Exhibit " " showed that: (one brief sentence by plaintiff) __________________________
_________________________________________________________________________
Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
2. Witness (Write name of witness) _______________________________________________
Testified that: (one brief sentence by plaintiff) ____________________________________
_________________________________________________________________________
Foreman should ask: "Are you convinced by the testimony of this witness? Why?
Any or more juror may answer, one at a time.
Exhibit " " showed that: (one brief sentence by plaintiff) _________________________
_________________________________________________________________________
Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
Exhibit " " showed that: (one brief sentence by plaintiff) _________________________
_________________________________________________________________________
Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
3. Witness (Write name of witness) ______________________________________________
Testified that: (one brief sentence by plaintiff) ____________________________________
__________________________________________________________________ Foreman
should ask: "Are you convinced by the testimony of this witness? Why? Any or more juror
may answer, one at a time.
Exhibit " " showed that: (one brief sentence by plaintiff) __________________________
_________________________________________________________________________
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Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
STAGE "C" PRESENTATION AND OFFER OF EVIDENCE BY THE ATTORNEY
OF THE DEFENDANT (Blanks below must have been filled in whileeach witness was testifying during the trial):
1. Witness (Write name of witness) ______________________________________________
Testified that: (one brief sentence by defense attorney) ____________________________
____________________________________________________________________
Foreman should ask: "Are you convinced by the testimony of this witness? Why? Any or
more juror may answer, one at a time.
Exhibit " " showed that: (one brief sentence by defense attorney) _________________
_________________________________________________________________________
Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
Exhibit " " showed that: (one brief sentence by defense attorney) __________________
_________________________________________________________________________
Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
2. Witness (Write name of witness) _______________________________________________
Testified that: (one brief sentence by defense attorney) ____________________________
________________________________________________________________Foreman
should ask: "Are you convinced by the testimony of this witness? Why? Any or more juror
may answer, one at a time.
Exhibit " " showed that: (one brief sentence by defense attorney) __________________
_________________________________________________________________________
Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
Exhibit " " showed that: (one brief sentence by defense attorney)__________________
_________________________________________________________________________
Foreman should ask: "What can you say about this exhibit?"
Any or more juror may answer, one at a time.
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STAGE "D" - Deliberation Stage
IN THIS STAGE, YOU WILL NOW ENGAGE IN AN OVER ALL DISCUSSION OR DELIBERATION
ON THE MATTER AMONG YOURSELVES. No recording by a stenographer or by electronic
recording will be allowed. It is illegal to make a recording of any kind in your deliberation. If this
is a case wherein there is a counter-claim by the defendant, you must DISCUSS FIRST THE
CLAIM OF THE PLAINTIFF:
(1) You MUST NEVER ASK from any one who is not a
member of your group to help in your discussion.
(2) If there is a question or anything that is preventing you to proceed with your discussion, you
must send to the Presiding Judge - to no one else - a written note about your situation but
YOU MUST NOT INDICATE what your decision is going to be. You must knock at your door
to call the Sheriff to pick up your note who will bring it to the Presiding Judge. The Presiding
Judge will then confer with the Plaintiff and the Attorney for the defendant before giving out
his instruction about your note or question.
(3) Reread the instruction on the law, the aggravating, mitigating, and alternative circumstances
attending the case;
(4) Your Foreman shall at all times remain neutral and he shall schedule everyone to speak. He
must give at least 5 minutes for every speaker to make his comment. After everyone has
spoken, The Foreman will then say: "Everyone has spoken, let us now end our deliberation
and come to vote by secret ballot. Let us make no further comment on the matter and go on
with our secret voting." The Foreman shall then vote whichever way he decides.
(5) An alternate shall make NO comment in the discussion and he shall have no power to vote
to decide in reaching your jury verdict.
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STAGE "E" - Decision Stage.
THIS IS THE TIME FOR YOU AS A JURY TO DECIDE THIS CASE whether the defendant is
responsible to pay the plaintiff or not. If this is a case wherein there is a counter-claim by the defendant,
you must DECIDE FIRST THE CLAIM OF THE PLAINTIFF:
To reach your decision, you shall vote BY SECRET BALLOT using the "Civil Jury Secret Ballot
Form." Your ballot has been prescribed as Form TJ-124P, and Form TJ-124D, Section 14, Rule 3 of the
Rules of the Jury System. Your ballot should be folded when you submit it to your Foreman for counting.
The Foreman shall not open a ballot until all your ballots are submitted. Each of you has one (1) vote to
cast. Your collective or total votes will represent the jury decision, called the "Verdict." You write your vote
either “YES” or “NO” . The Foreman shall be responsible that each ballot is properly initialed.
You must be reminded that when you start writing your ballot, no one of you must speak, force or
harass any of your fellow jurors as to who would you want to win in this case. Violation of this rule will
result in the mistrial or “no trial” and the violator will be personally responsible to pay for the expenses of
this trial equal to, but not more than, the total of all the jurors’ pay for one day of the trial. If you were
threatened or forced to vote one way or the other, you must secretly report the matter to the grand jury for
secret investigation and you must ask the clerk of court to help you how to submit your report. The clerk
of court is hereby instructed to keep the matter confidential.
You vote and write “YES” in your ballot, if you decide that the plaintiff has the right to collect his
claim from the defendant.
You vote and write “NO” in your ballot, if you decide that the defendant is not responsible to pay
the plaintiff.
Your Foreman should instruct to hold on to your filled ballot until every one has finished writing his
vote. When every one has written his vote, only then shall the Foreman gather the votes all at one time.
The total of all ballots shall neither be less nor be more than 12. Once all your votes are submitted to the
Foreman, the Foreman shall open each ballot and he shall separate the ballots into two (2) groups. On
his right will be the "YES" votes and on his left the “NO” votes. Your majority “Yes” vote is your jury
decision requiring the Dependant to pay the claim of the Plaintiff. Your majority “No” vote is your jury
decision to prevent the Plaintiff from collecting payment of its claim from the Defendant.
Before the Foreman announces the result of the balloting he shall ask two jurors to review the
reading of the ballots one on his right to count the “YES” votes and one on his left to count the “NO”
votes. Only then shall the Foreman announce to his members the total number of the "YES" votes and
followed by the total of the "NO" votes.
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1. If the total of the “YES” votes is seven (7) or more, this jury has found the defendant
responsible to pay the plaintiff. If the total “NO” votes is six (6) or more, this jury has found the defendant
not responsible to pay the plaintiff. You will then proceed as follows:
(a) Pull out your Jury Verdict form, Form TJ-125, and write your verdict in this form and have
at least two of your jurors verify and ensure that your verdict is correctly entered in it. After your
verification, your Foreman and your two members who verified the verdict must sign the verdict form TJ-
125.
(b) Your Foreman shall then call the Sheriff stating that the jury is now ready to declare
its verdict. You MUST NOT GIVE THE VERDICT SHEET AND YOU MUST NOT TELL the Sheriff what
your verdict is. Simply say, the jury is now ready to declare its verdict.
(c) The Sheriff shall then inform the Presiding Judge that you are ready to declare the jury
verdict in court.
(d) In the mean time, you must wait in your deliberation room until the Sheriff ask you to report
back to your seats at the court room regardless of how long will it take for him to get back to you to report
to the court.
(e) The Foreman shall hand in the Verdict Sheet to the Presiding Judge and the judge must
inform that no clapping of hands is allowed upon reading the verdict. The Presiding Judge shall then order
the Clerk of the Court to read the Verdict in open court in the presence of all parties concerned as well as
any of the interested members of the public.
2. This Instruction has been JOINTLY APPROVED this _____ day of ____________, year _____
(this part to be signed by Plaintiff’s Attorney, Defense Attorney, and by the Presiding Judge before handing
to the Clerk for delivery to the jury in the jury room. BY:
_______________________ ____________________ ____________________
(Plaintiff’s Attorney) (Defense Attorney) (Presiding Judge)
- End of Form -
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FORM TJ-124P, Plaintiff’s Civil Jury Secret Ballot Forms (Must be cut apart before submitting to the Jury with the Civil Jury Verdict Form, TJ-125, andplace in a separate envelope, marked “PLAINTIFF’S BALLOT” ).
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
I vote _____ on Plaintiff’s Claim vs ______________. Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means defendant shall pay plaintiff. “No” means defendant shall not pay plaintiff.
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FORM TJ-124D, Defendant’s Civil Jury Secret Ballot Forms (Must be cut apart before submitting to the Jurywith the Civil Jury Verdict Form, TJ-125 and place in separate envelope, marked“DEFENDANT’S COUNTER-CLAIM BALLOTS” ). Do not provide this ballot form to theJury if the defendant has no counter-claim against the plaintiff. If the defendant has across-claim against a third party defendant, then the defendant-cross-claimant must beprovided with the Plaintiff’s Ballot Form TJ-124P.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
I vote _____ on Defendant’s Claim vs ____________ Choose one of the quoted words below:
“YES” “NO”Write your Juror Code Number here: _______
“Yes” means plaintiff shall pay defendant. “No” means plaintiff shall not pay defendant.
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FORM TJ-125. Civil Jury Verdict Form
Republic of the Philippines
BEFORE THE ___________TRIAL COURT OF ________________
Branch _____________
Municipality/City/Province__________________________________
CIVIL CASE NUMBER _________________________
______________________, Plaintiff versus _____________________, Defendant
FOR ______________________________________
Date Today: ____________________
NOTE: The “P” below stands for “Pesos” money sign.
The JURY voted on the claim of the plaintiff _________________________ <insert name of plaintiff< against the
defendant ___________________ <insert name of the defendant< AS FOLLOWS :
____ “Yes” Votes to Approve the claim of the Plaintiff against the defendant; and
____ “No” Votes to Disapprove the claim of the Plaintiff against the defendant.
The JURY approves the award of P_______________ PESOS for the Plaintiff on its claim against the defendant.
Write “NONE” in the PESO blank space, if the total “NO” votes is six (6) or more over the claim of the plaintiff against
the defendant. This total award consists of the items below:
1. On Plaintiff’s principal claim and interest earned, P_________________ PESOS.
If award is denied enter “NONE”
2. Punitive Damages, P___________________. If award is denied enter “NONE”.
The JURY voted on the [_]-counter-claim [_]-cross-complaint of the defendant ________________________ <insert
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name of the defendant< against the plaintiff ______________________ <insert name of the plaintiff< AS FOLLOWS :
_____ “Yes” Votes to Approve the counter-claim of the defendant against the plaintiff.
_____ “No” Votes to Disapprove the counter-claim of the defendant against the plaintiff.
_____ “Yes ” Votes to Approve defendant’s cross-complaint versus ______ _________________
_____ “No” Votes to Disapprove defendant’s cross-complaint versus _________________________
The JURY approves the award of P_______________ PESOS for the Defendant on its counter-claim against the
plaintiff. <Write “NONE” in the blank if the votes “NO” are six (6) or more votes on the counter-claim of the defendant
against . This total award consists of the items below:
1. On Defendant’s principal counter-claim and interest earned, P_____________ PESOS.
If award is denied on defendant’s counter-claim, enter “NONE” in the PESO blank space.
2. Punitive Damages, P______________. If award is disapproved, enter “NONE”.
The JURY approves the award of P_______________ PESOS for the Defendant on its cross-cclaim against
_________________________, cross-defendant. <Write “NONE” in the blank if the votes “NO” are six (6) or more
votes on the cross-claim of the defendant against _____________________________________________. This total
award consists of the items below:
1. On Defendant’s principal cross-claim and interest earned, P_____________ PESOS.
If award is denied on defendant’s cross-claim, enter “NONE” in the PESO blank space.
2. Punitive Damages, P______________. If award is denied enter “NONE”.
- - - - - - - - - - - - - - The statements below need not be read in open court - - - - - - - - - - - - - -
I CERTIFY that I have kept myself neutral all throughout the deliberation, except by voting secretly in the same
manner that all members of the jury were required to vote secretly as instructed by the rules. I have not influenced any
member of the jury to cast his or her vote either way. I further certify that each ballot was correspondingly voted on
and initialed personally by the juror in this jury.
Respectfully submitted by: Reviewed for initials and count correctness by two jurors:
(Signature) Foreman Juror’s SIDN#-_________ SIDN# _______ SIDN# _________
- End of Form -
347
Form TJ-126. (Reserved for Future Use by the Supreme Court in Creating the
The Resource for Philippine CIVIL JURY INSTRUCTION.
This Table will be expansive as each new decisions of the Supreme
Court comes up, similar to the SCRA.
You may refer to the California Civil Jury Instruction as a pattern and study
material, but not to copy it, to get the idea how to set up the Philippine
Resource of its Civil Jury Instruction. The web site is at:
http://www.courts.ca.gov/partners/documents/caci_2015_edition.pdf
348
Form TJ-127. Plaintiff’s Bill of Particulars - This document is not an evidence of Plaintiff’s Claim.
It is only a guide for the analyzes of the Jury of Plaintiff’s Claim. <This caption
must be copied entirely<Your Honor:
Herein Plaintiff ___________________ <insert name of plaintiff< respectfully submits the following Bill of Particulars
on its claim for the consideration of the Jury against the defendant __________________________ <insert name
of defendant<:
1. On Plaintiff’s claim in-chief briefly described below:
_______________________________________________________
_______________________________________________________
_______________________________________________________
Supported by Exhibits ID No. _____, _____, _____, _____, ______,
______, ______,_____, _____ and ______ in the amount of . . . . . . . . . . . . P
2. Accrued Interest due on Claim No. 1 above for the
Period form _________ until ___________ <insert dates< . . . . . . . . . . . .
3. Punitive Damages (Applicable only to damage or injury
Tort and Fraud Claims) supported by Exhibits ID No. _____,
_____, _____, _____, _____, ______, and _____ in the amount of . . . . . .
GRAND TOTAL CLAIM OF THE PLAINTIFF . . . . . . . . . . . . . . . . . . P
Respectfully submitted by:
Signed ____________________________
Printed ____________________________
Attorney for the Plaintiff _______________
__________________________________
Trial Date: _________________________
REMINDER: THIS DOCUMENT IS NOT AN EVIDENCE. ITIS A GUIDE ONLY FOR DISCUSSION BY THE JURY. Ifthe Defendant has a cross claim or counter-claim he may usethis form as a pattern for his own Bill of Particulars.
349
Form TJ-128. Defendant’s Counter-Bill of Particulars - This document is not an evidence of Defendant’s Counter-
Claim against the Plaintiff. It is only a guide for the analyzes of the Jury of Defendant’s Counter-
Claim. Defendant shall submit this form only if he has a c ounter-claim or a cross
claim <This caption must be copied entirely<
Your Honor:
Herein Defendant _________________________ <insert name of defendant< respectfully submits the following
Counter-Bill of Particulars on its claim for the consideration of the Jury against the Plaintiff ________
____________________________________________ <insert name of the plaintiff<:
1. On Defendant’s claim in-chief briefly described below:
______________________________________________________
______________________________________________________
______________________________________________________
Supported by Exhibits ID No. _____, _____, _____, _____, ______,
______, ______, ______, _______, ______, and ______ in the amount of . . . . . . P
2. Accrued Interest due on Claim No. 1 above for the
Period form _________ until ___________ <insert dates< . . . . . . . . . . . . . . . . . .
3. Punitive Damages (Applicable only to damage or injury
Tort and Fraud Claims) supported by Exhibits ID No. _____, _____,
_____, _____, _____, _____, ______, ______, and _____ in the amount of . . . . .
GRAND TOTAL CLAIM OF THE PLAINTIFF . . . . . . . . . . . . . . . . . . P
Respectfully submitted by:
Signed ____________________________
Printed ____________________________
Attorney for the Defendant ____________
__________________________________
Trial Date: _________________________
REMINDER: THIS DOCUMENT IS NOT EVIDENCE.IT IS A GUIDE ONLY FOR DISCUSSION BY THEJURY.
The defendant shall submit this form only if he hascounter claim against the plaintiff or a cross claimagainst a co-defendant or a third party.
350
Form TJ-129 , Noon Meal Ticket for Trial Juror on Duty or on Call in the Premises issue
this Form only to a Jurors who are not actually seated in a jury trial
NOTE: Legible hand-printed information is sufficie nt to accomplish this form. No need to type.
This is a Confidential Document. Do not let anybody else read this.
Name of Issuing Court _____________________________________________________________________________
Court Branch or Sala ______________________________ Presiding Judge ____________________________
Address of Court ____________________________________________________________________________________
REPORT SECRETLY to the Grand Jury ANYONE asking for “kick back” on this Juror’s Meal Ticket System.Bribe giver will not be prosecuted for bribery if h e testifies against the bribe recipient - GJ Instr uction No.
(194). This is a statutory durable form. This form can be changed only with promulgation by the
Supreme Court. If juror is discriminated to avail o f this ticket, he must secretly report the matter
to the Grand Jury. All used tickets returned to Cle rk of Court in exchange for Form GJ-27 mustbe book bound, archived for five years and destroye d only upon an open court order.
Name of Food Provider __________________________________________ Phone # _______________________
Business Owner of Food Provider ________________________________________________________________
Clerk Issuer of this ticket: (Printed Name only) _____________________________________________________
Declaration: I declare under penalty of perjury that I am not a business partner, openly or
surreptitiously, directly or indirectly, with the f ood provider to whom this ticket is directed.
Customary signature of issuing clerk: _____________________________________ Title _____________________________
Clerk of Court (Printed Name only)___________________________________________ Phone # __________________________
________________________ ____________________________________________________________________________________
Noon Meal Order Number ____________ Dated: / / (Obtain the number from Form TJ-130, Food Ticket Lo g Book)
This ticket is valid only if dated and recorded in the Food Ticket Log Book
Court Case Number __________________ or Summons Number __________________(Enter Summons Number if Juror not seated on a case for Jury Trial)
To The Named Food Provider Above:
Please serve with one (1) full meal today (per date above) to the bearer of this Order with ID No.
_____________ who is reporting or has reported for jury service at the above named court.
Accumulate all tickets of this class until the grand total thereof amounts to an aggregate of P50,000.00 pesosor more and thereafter personally present them back to the Clerk of Court named in this ticket in exchangewith an Unconditional Non-Transferrable Redeemable Judicial Voucher, Form GJ-27. You may then presentthe voucher to a public treasurer or a bank for cashing.
Food menu and cost: Menu Name- ____________________ Total Cost - P___________. Thisinformation shall be written in this ticket before issuing to the Juror by the Clerk of Court.
Please have the bearer affixed his/her initials ONLY with his/her own hand here- _______.
End of Form
351
Form TJ-130, JURORS’ NOON MEAL TICKET LOG BOOK. Date Today: / /
Page No. ____________
Note: Legible hand-printed information is sufficient to accomplish this form. No need to type.
Name of Court _______________________________________ Branch or Sala ________________________________
Clerk of Court (Printed Name only) ____________________________________ Phone # ________________________
Ticket SerialNumber
DateIssued
Juror IDNumber
Name of Food Provider
Ticket signedand issued by:
352
Form TJ-131, JUROR’S RIDER TRANSPORT TICKET FOR JURY SERVICE. Issue to Juror in pairs:
[_]-Ticket from Home to Court on (date) / / ______ Kilometers.
[_]-Ticket from Court to Home on (date) / / ______ Kilometers.
Name of Issuing Court _________________________________________________________________________________________
Court Branch or Sala ________________________________ Presiding Judge ______________________________________
Address of Court ________________________________________________________________________________________________
REPORT SECRETLY to the Grand Jury ANYONE asking for “kick back” on this Juror’s Rider Ticket
System. BRIBE GIVER WILL NOT BE PROSECUTED FOR BRIBERY - Grand Jury Instruction No.
(194). This is a statutory durable form. This form can be changed only by promulgation by the Supreme
Court. If juror is discriminated to avail of this ticket, he must report the matter to the Grand Jury. All used
tickets returned to Clerk of Court in exchange for Form GJ-27 must be book bound, archived for five
years and destroyed only upon an open court order.
Name of Ride Provider ______________________________________________ Phone # _______________________________
Business Owner of Ride Provider ____________________________________________________________________________
Address __________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
Clerk Issuer of this ticket: (Printed Name only) _________________________________________________________________
Declaration: I declare under penalty of perjury that I am not a business partner, openly or
surreptitiously, directly or indirectly, with the R ide provider to whom this ticket is directed.
Customary signature of issuing clerk: ________________________________________ Title __________________________________
Clerk of Court (Printed Name only)_______________________________________________ Phone # ______________________________
________________________ _____________________________________________________________________________________________
Ride Order Ticket Number ____________ Date: / / (Obtain the number from Form TJ-132, Rider Transpor t Ticket Log Book)
This ticket is valid only if dated and recorded in the Transport Ticket Log Book
Summons Number ________________ or Voter’s ID Number ___________________
To The Named Transport Ride Provider Above:
Please provide a one-way transportation ride from the home of the bearer in coming to this court (stated
above) OR from this Court to his/her home. You will identify him/her with his/her summons number or Voter’s
ID Number. DO NOT ASK FOR THE NAME OF THE BEARER.
Accumulate all tickets of this class from all your juror riders until the grand total thereof amounts to an
aggregate of P10,000.00 pesos or more and thereafter personally present them back to the clerk issuer of this
ticket in exchange with an Unconditional Non-Transferrable Redeemable Judicial Voucher, Form GJ-27. You
may then present the voucher to any public treasurer or to a bank for cashing. NOTE: Do not place a placard
in your vehicle that you are a transport provider of jurors.
Describe here the date and time and location from where you picked up the bearer and the destination where
you took him/her for the ride:
Pick up date: / / Pick up time: ____.M
Please have the bearer affixed his/her initials ONLY with his/her own hand here- _______.
End of Form
353
Form TJ-132, JURORS’ TRANSPORT TICKET LOG BOOK. Date Today: / /
Page No. ____________
Note: Legible hand-printed information is sufficient to accomplish this form. No need to type.
Name of Court _______________________________________ Branch or Sala ________________________________
Clerk of Court (Printed Name only) ____________________________________ Phone # ________________________
Ticket SerialNumber
DateIssued
Juror IDNumber
Name of Transport Provider
Ticket signedand issued by:
354
Form TJ-133, Court Seating Arrangement
(Wall Behind the Presiding Judge)
Entrance Door
LOBBY - HALLWAY
_____________________________________________________________________________________________________________________
The foregoing court room lay out should be followed nationally as a symbol of national unity and
uniformity of justice, except on the technical architectural requirement. The left side and back of juror
seats should be walled 10 inches higher above shoulder.
LEGENDS
1 - Presiding Judge (PJ) 7 - Sheriff’s Area D3- Defense Atty 3
2 - PJ Desk/Table 8 - Interpreter’s Area P1- Prosecutor 1
3 - Court Secretary (CS) 9 - Sheriff’s Area P2- Prosecutor 2
4 - CS Desk (facing PJ Desk) A - Accused’s Seat P4- Prosecutor 4
5 - Witness Seat D1- Defense Atty 1 J1, J2 Etc - Jur or Seat #s.
6 - Court Reporter’s Seat D2- Defense Atty 2 AJ- Alt ernate Juror Seats.
Items 1 to 9 should be in the sameplatform and elevated around 6".
1
4 253 8
7 6 9
A D1
D2 D3
P2 P1
P3 P4
J1 J2 J3 J4 J5
J6 J7 J8 J9 J10
J11 J12 AJ1 AJ2 AJ3
Public Seats
Extra Security
Utility Seat
TV Crew &Equipment
Public Seats
355
Form TJ-134, Waiver of Banking Anti-Disclosure Secrecy Rights.
TYPE HERE THE “TITLE, CAPTION, AND
DOCKET NUMBER OF THE CRIMINAL CASE”
_________________________________________________________
TO ALL WHOM THIS WAIVER MAY CONCERN:
I, the undersigned, hereby waive my anti-disclosure banking rights under any existing law or laws of
the Philippines in reference to my bank accounts with any local or foreign banking institution as listed
in my Statement of Assets, Liabilities and Net Worth in Form GJ-51 in Section 99, Article III, of the
Jury Law as part of the terms and conditions in entering my plea bargaining agreement in this case
with the government prosecutors against me.
I shall offer no objection or resistance, and shall keep the banking institution concern free from harm
in showing or disclosing my bank records.
This Waiver shall include any future bank account I shall, or I may, open after the execution date of
this Waiver.
I understand that this waiver shall expire fully and with no further effect upon my full payment through
the public treasurer and duly receipted by him of all moneys due in favor of the Victim of my crime
for damage indemnity or to the Philippine Government on account of my plea bargaining this case.
Partial payment by me shall not diminish the effectivity of this waiver.
It shall be my responsibility and my attorney, jointly, to serve a copy of this waiver with proof of
service to this Court, to the Prosecutor and to all my bank depository(ries) stated in my SALN Form
GJ-51.
EXECUTED at the [_]-City [_]-Municipality, of _________________________________, Province
of _______________ on this date _________ month of ______________and year _______.
Signature: _____________________________________________________________________
Printed Name: __________________________________________________________________
Street Address: ________________________________________________________________
[_]-City [_]-Municipality __________________________ Province of ________________________
PREPARED and EXECUTED with the presence
and assistance of his/her attorney hereunder:
Signature: _______________________ Date ______________, Bar No. ____________________
Printed Name: __________________________________________________________________
Street Address: _________________________________________________________________
[_]-City [_]-Municipality of ___________________ Province of _____________________
- End of Form -
356
Form TJ-135, LIST OF EXHIBITS. Mark “X” on the Box the Party You Represent:
If there are several accused persons in the same criminal case, a separate
set of list of exhibits shall be prepared by his attorney and offered at the trial. If
an Exhibit is shared with another party, an authentic photocopy, signed with the
initials of the offering counsel of that same exhibit, shall be listed and remarked
accordingly in behalf of the party offering such exhibit under a separate set of
Exhibit List. THIS LIST BY ITSELF IS NOT EVIDENCE. Each Exhibit is
evidence subject to evaluation for its probative value by the Jury.
[_]- Exhibits for the Prosecutor by Atty _____________________, Case No.
______________
[_]- Exhibits for the Accused (Name) - ____________________, By Atty _______________
EXHIBIT ID Brief Description Author/Maker Purpose: Briefly State the Fact
SUBMITTED BY:
______________________ Atty. For _______________________
357
Form TJ-136 , Delivery Envelope for Forms to the Jury (Size: #10, 4.1 x 9.5 inches)
READ: VERY IMPORTANT NOTICE to the Jury Foreman: Do not open another envelope until
you have written your decision in either of Form TJ-113 or Form TJ-114 in this case and you have
already inserted it in the JUDGMENT Envelope, Form TJ-137.
Case Number ______________. People vs ______________________________, Accused.
Contents of this Envelope:
[_]- Form TJ-110B, The Charge Sheet
[_]- Form TJ-110D-___, Law & Fact Sheet
[_]- Form TJ-112, Jury Ballot forms in 12 pre-cut pieces.
[_]- Form TJ-113, The “Guilty Verdict” form.
[_]- Form TJ-114, The “Not Guilty Verdict” form.
[_]- Form TJ-137, Verdict Envelope (To contain the written Verdict of the Jury)
Form TJ-137 , The JUDGMENT ENVELOPE (Size: #10, 4.1 x 9.5 inches)
Decided Case/es for: ___________________________, Accused:
Case on Form TJ-110D-1 for the crime of ______________________
Case on Form TJ-110D-2 for the crime of ______________________
Case on Form TJ-110D-3 for the crime of ______________________
Case on Form TJ-110D-4 for the crime of ______________________
Case on Form TJ-110D-5 for the crime of ______________________
358
Form TJ-138 MASTER CASE FILE ENVELOPE. Size: 10 x 13 Inches -
NAME OF THE ACCUSED: _____________________________________
(A) Form TJ-110B, the CHARGE SHEET [_]-1 [_]-___ Cases
(B) Form TJ-135, Prosecutor’s Exhibit List and Exhibits
(C) Form TJ-135, Accused/Defendant’s Exhibit List and Exhibits
1. Criminal Case No. _________________
[_]- Form TJ-110D-1, Law & Fact Sheet For the Crime of __________________
[_]- Jury Ballots, 12 pieces
[_]- Form TJ-113 (Guilty Verdict) Or Form TJ-114 (Not Guilty Verdict)
2. Criminal Case No. _________________
[_]- Form TJ-110D-2, Law & Fact Sheet For the Crime of __________________
[_]- Jury Ballots, 12 pieces
[_]- Form TJ-113 (Guilty Verdict) Or Form TJ-114 (Not Guilty Verdict)
3. Criminal Case No. _________________
[_]- Form TJ-110D-3, Law & Fact Sheet For the Crime of __________________
[_]- Jury Ballots, 12 pieces
[_]- Form TJ-113 (Guilty Verdict) Or Form TJ-114 (Not Guilty Verdict)
4. Criminal Case No. _________________
[_]- Form TJ-110D-4, Law & Fact Sheet For the Crime of __________________
[_]- Jury Ballots, 12 pieces
[_]- Form TJ-113 (Guilty Verdict) Or Form TJ-114 (Not Guilty Verdict)
359
Form TJ-139 , LIST OF EXHIBITS in CIVIL CASES. Mark “X” on the Box the Party You Represent.
If there are several contending parties in the same civil case or matter, a separate
set of list of exhibits shall be prepared by his attorney and offered at the trial. If an
Exhibit is shared with another party, an authentic photocopy, signed with the initials of the offering
counsel of that same exhibit, shall be listed and remarked accordingly in behalf of the party offering
such exhibit under a separate set of Exhibit List. THIS LIST BY ITSELF IS NOT EVIDENCE. Each
Exhibit is evidence subject to evaluation for its probative value by the Jury.
[_]- Exhibits for the Plaintiff, Atty _________________________, Case No. _________________
[_]- Exhibits for the Defendant, __________________________, By Atty ___________________
[_]- Exhibits for the ____________________________________, By Atty ___________________
EXHIBIT ID Brief Description Author/Maker Purpose: Briefly State the Fact
SUBMITTED BY:
Atty. ________________________, For ______________________________
360
ARTICLE XI
IMPLEMENTING AUTHORITY
OF THE NATIONAL JURY LAW
Section 1. The Entity known as the “National Jury Management Authority,” also
briefly named as the “NJMA” as created under Article VI of the National Jury Law shall further
have the additional prerogatives, attributes and powers enumerated below in this Article, Article
XI:
(a) Composition - It shall be composed of eight (8) members as follows:
(1) The Chief Justice of the Supreme Court, as chairman;
(2) One Supreme Court Associate Justice, as vice-chairman;
(3) The Chairman of the Court of Appeals as member;
(4) The Chairman of the Sandiganbayan as member;
(5) The Secretary of Justice as member;
(6) The Ombudsman as member;
(7) The Solicitor General as member; and,
(8) The President of the Integrated Bar of the Philippines, as member.
(b) Secretary - The Clerk of the Supreme Court shall serve as Secretary of the NJMA.
(c) Location of Business - The Supreme Court shall be the seat of all official meetings
of the National Jury Management Authority;
(d) Functions -
(1) To promulgate the implementing rules and regulation of the Grand Jury and Trial Jury
Systems;
(2) To supervise trial court judges in the enforcement of the rules of the Jury Trials;
(3) To designate the Executive Regional Trial Judge in each Judicial Districts around
the country as the sole authority in conducting the bi-annual confidential reorganization of the
Grand Juries in their respective districts. For this purpose, the Clerks of Court of the Executive
Regional Trial Judges shall serve as their assistants in bi-annual reorganization of Grand Juries.
After the Executive Regional Trial Judge has organized the grand jury and sworn in its members,
the said judge shall have no further role in the operation and functioning of the grand jury. The
grand jury shall be completely free and independent from any control or supervision from any
branch of service of the Philippine Government.
361
(4) To Issue directives to each and all Provincial and City Prosecuting Offices to
implement the general objective and policies of the National Jury Law.
(5) To prepare the annual budget for the operation of the National Jury Law and to
submit the same to Congress for inclusion in the national annual budget of the government.
(6) To establish the additional amount of compensation of the officials and other staff
members of the National Jury Management Authority.
(7) To create the jury forms needed to function the National Jury Law. Unless and until
such time that the National Jury Management Authority shall have devised a more appropriate Jury
Forms, the designated Jury Forms in Article III, Section 99 and in Article X, Sections 1 and 2, shall
be used to operate the Jury Systems upon approval of the National Jury Law.
Section 2. Creation of Reserve pool for pro-temp presiding jury trial judges, community
deputy prosecutors, defense attorneys for indigent persons -
(1) The NJMA shall require each trial court to create separate reserve pools for
volunteer lawyers to serve as pro-temp jury presiding judges , community deputy prosecutors,
and public defenders for indigent accused persons , respectively, with pay, from among private
practicians attorneys to ensure availability at all times for the required service of the Philippine
Justice System, to prevent delay in the administration of justice. Their names shall be drawn by
lottery from among applicants. The NJMA shall set up a standard uniform durable form for this
purpose, separately: One for the application of pro-temp presiding judges, one for community
deputy prosecutors and another form for public defenders. Interested lawyers who wish to serve
in any of those positions shall file their applications on a prescribed durable form. A durable form
is a document in which its terms and conditions shall, and can, not be amended or modified by the
applicant.
(2) Each trial court, prosecutor’s office, and public attorney’s office, respectively, shall
set up separate lottery bins for this purpose wherein an applicant shall drop in his application at
any time and shall be ready for drawing of his name. Once he drops in his application in the lottery
bin, he shall be bound to report for service. If he shall decline to accept his assignment, it must
be based on a life threatening situation or if any party to the case at hand is his client or the
defense attorney is a close relative, friend, business associate of the complaining party or plaintiff
and his written notice to decline to serve shall have been received by the presiding judge, or
prosecutor’s office or his clerk, at which he is called to serve not later than five (5) working days
prior to the date he is required to serve, otherwise he shall be liable for disciplinary action for failure
to honor his commitment to serve.
(3) The community deputy prosecutor shall serve under the supervision of a regular
Provincial or City prosecutor.
362
(4) The formula to determine the compensation of the pro-temp jury presiding judge, the
community deputy prosecutor, and the public defender, computed on a daily basis, shall be based
on the annualized pay of a newly appointed regular judge or provincial prosecutor in the judicial
jurisdiction he wishes to serve, divided by two hundred fifty days, and then multiplied by the
number of days or fraction thereof, pro temp jury presiding judge, community deputy prosecutor,
or public defender, had worked on a case.
(5) In the event that a public defender who shall appear in court and willing to serve and
defend a criminal defendant on short notice within 3 days before the commencement of a jury trial,
or when ordered by a Jury Presiding Judge to defend the indigent accused, his fee shall likewise
be paid by the Government by means of the Redeemable Voucher GJ-27 at the rate as determined
in the foregoing sub-paragraph (4) of this Section.
(6) The NJMA shall have the duty and power to recommend to Congress the required
budget for the expenditures in the functions and operation of the National Jury Law and
Procedures.
Section 3. The NJMA shall have the power, upon the recommendation of an Executive
Regional Trial Judge, to create positions for jury commissioner in trial courts who shall have the
duty and power to serve summons for jury duty to citizens and to prepare such citizens ready for
empanelling for jury service provided that a cluster of trial courts regardless of hierarchy or
jurisdiction shall be served by the same jury commissioner. Appointments of local interpreters to
serve as such in jury trials shall rest with the Executive Regional Trial Judge upon recommendation
of presiding court judges.
Section 4. Proceeding the case for jury trial:
All jury trials without exception shall be conducted with the aid of an expert interpreter
in the local dialect spoken by the members of the jury and shall proceed under the following rules:
(1) No later than thirty (30) days, excluding Saturdays, Sundays, and Holidays, following
the arraignment of the accused who has entered a no guilty plea on the accusation against him,
the presiding judge before whom the “not guilty” plea was entered into shall promptly order the
setting of two (2) closely related essential dates, namely as follows:
(a) The First Date: The date for an “In Chamber Conference” between and among the
Opposing Counsels and the Jury Presiding Judge in the case at hand. This conference is
mandatory. It shall precede at least one, or two, days ahead of the impaneling of the jury for the
actual jury trial. It shall be held strictly confidential and its schedule shall not be announced to the
public. Except for the Prosecution Attorney and the Defense Counsels, as well as the Presiding
Judge, no other person or any public official or any member of the media or the public shall be
invited to this conference. The attendance of the accused and witnesses shall not be required.
363
(b) The Second Date: This date shall be the starting day for the opening of the actual
jury trial and shall be called the Firm Trial Date, also briefly known as the FTD. The trial shall begin
with the impaneling of the jury, followed by the issuance of the Statutory Basic Jury Trial
Instruction, and the presentation of the evidence by the prosecution and the defense, in that order,
among others.
(c) Counting from the pretrial conference date, the party requesting for the longest and
farthest estimated period of time to prepare for trial, not exceeding three months if the accused is
detained, or six months if such accused is free on bail, such farthest date shall be chosen as the
FTD of the case at hand. Absolutely, no excuse for postponement of the trial of a case from such
dates shall be granted once the FTD is set and no judge shall have the authority to order further
postponement of the jury trial from the firm trial date.
(d) Failure of the presiding judge to order the setting of the two (2) important dates
above shall be liable for disciplinary action or for the crime of obstruction of justice or for dereliction
of duty.
(2) At the pretrial conference, the presiding judge, the prosecuting attorney and the
defense counsel, shall pre-designate their respective substitutes in the event that any of them may
not be available or capable to proceed to trial at the FTD. The Presiding Judge shall order his clerk
of court to designate his substitute Pro Temp Jury Presiding Judge. The Prosecuting Attorney
shall pre-designate his Community Deputy Prosecutor and the Defense Counsel shall likewise pre-
designate his co-defense counsel or Deputy Public Defender. All pre-designations in this
proceeding shall be entered in the minutes of the pretrial conference.
(3) On the date following the pretrial conference setting the “In Chamber Conference”
date and the FTD, all the attorneys referred to in the preceding subsection (2) shall promptly
commence to prepare their respective Form TJ-110, consisting of Forms TJ-110A, TJ-110B, TJ-
110C, and TJ-110D to help in forming the Joint Supplemental Jury Trial Instruction by the presiding
judge.
(4) At all times, the defense attorney shall be prepared, in the event that the accused shall
change his mind to plead guilty at the end of the presentation of the evidence by the prosecution, to
follow the requirements of the plea bargaining process as governed by the provisions of Article VII,
Section 2 of the National Jury Law wherein the accused shall be required to prepare and execute
Form GJ-51 in Article III, and Form TJ-134, Article X, Section 2, of the National Jury Law. If the jury
trial is delayed for lack of preparation on this process on the part of the defense attorney, he shall be
liable for the crime of obstruction of justice upon complaint of an aggrieved party before a Grand Jury
and/or for disciplinary action before the Supreme Court for failure to adequately prepare for the
possible guilty plea of the accused.
364
(5) Failure of the Presiding Judge, the Prosecution Attorney, and the Defense Attorneys
in showing up for this conference, resulting to the postponement of a Firm Trial Date shall be liable
for disciplinary action before the Supreme Court or for criminal liability for obstruction of justice
upon complaint by a party to the case through the Grand Jury.
(6) Notwithstanding any rule or law to the contrary, no affidavit shall be required for
execution by either the accused or by the complaining victim or witness to set a case for jury trial.
(7) The jury trial shall be conducted continuously from day to day, excluding Saturday,
Sunday, and Holiday. Absolutely, no postponement of the jury trial for more than three (3) days
shall be allowed. After arraignment, the personal presence in court of the accused suffering from
a life threatening condition or for any other reason shall be excused and his trial shall proceed with
the personal appearance of his defense counsel to defend his rights and interests at the trial.
(8) If the accused without justification fails or refuses to appear in court to attend to his
trial in spite of due notice served on him or on his counsel to attend or participate in the trial after
having been previously arraigned and pleaded not guilty to the charge against him, the jury trial
shall proceed without his presence pursuant to Article 3, Section 14(2) of the Constitution.
(9) If a continuance of the jury trial is sought on the basis of an alleged life threatening
medical emergency and evidenced by the issuance of a spurious or fake medical certificate of
incapacity of any one involved in a jury trial, the act of a medical doctor, orthopedic doctor,
chiropractic doctor, internal medicine doctor, cardiologist, physician, or psychologist, of issuing said
certificate of incapacity without knowing the prior history of the medical, physical, or psychological,
condition of such judge, lawyer, party litigant in said trial for the sole purpose of aiding a judge,
lawyer, or party litigant in a jury trial to delay, or obstruct, said trial, shall be liable of the crime of
obstruction of justice upon complaint by an aggrieved party before, and upon indictment by, a
grand jury.
(10) If the certificate referred to in the preceding subparagraph (8) shall show that it shall
require incapacity for more than three (3) days of the subject of the certificate from attending the
jury trial, the issuing doctor, physician or psychologist shall be required to attend in person before
the court to explain the basis of the issuance of his certificate of incapacity to delay the jury trial.
Should he refuse to attend in person, he shall be charged for obstruction of justice by a grand jury.
Any party requesting for the issuance of such certificate shall explain to, or advice, the issuer of
such certificate of this requirement before obtaining said certificate from the issuer thereof.
(11) In all levels of the trial courts where a jury trial is conducted, a complete
stenographic record shall be taken on any of its proceedings by a court reporter or with an
electronic recorder on every case without exception notwithstanding any rule or law to the contrary.
(12) Affidavit of Desistance - Notwithstanding any rule or law to the contrary, no criminal
indictment shall be dismissed on the basis of the presentation of an affidavit of desistance by any
party, or his attorney, unless said affidavit of desistance has been previously investigated
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independently by a grand jury for issuance under undue influence, threat, coercion, intimidation
or any similar circumstance upon the claiming victim by any person or party interested in the
dismissal of the criminal indictment in the case at hand.
(13) In the event that the Grand Jury shall find probable cause that the complaining
victim or witness, through the testimony freely stated by such victim or witness in a secret grand
jury investigation, has been subjected to sign said affidavit of desistance, on account of fraud,
intimidation and undue influence, or pressure, or coercion, upon the complaining victim or witness,
the party or person, or attorney who shall have been responsible in obtaining the signature of such
complaining victim or witness shall be held liable for the crime of obstruction of justice. If the
producer of such signature has been committed by either of the prosecuting or defense counsels
in the case at hand, such counsel shall further suffer liability for disciplinary action for disbarment
before the Supreme Court. If the procurator of the signature in such affidavit is a public official or
government employee, such public official or government employee shall further suffer termination
and perpetual disqualification from holding any public office or position including forfeiture of
pension benefits.
(14) No later than six months from the effective date of the National Jury Law, any and
all pending cases in which the accused offender has been charged with an offense punishable by
one year or more shall be set for jury trial, moto propio, by the presiding judge of the court in which
said case is, or cases are, pending and shall proceed subject to the same provisions from
sub-sections (1) through (12) of this section.
(15) If the accused has already been arraigned and a life threatening situation shall
befell upon the accused at the outset of, or during, the trial, further personal appearance in court
of the accused shall be excused and the jury trial shall proceed in his absence pursuant to Article
3, Section 14(2) of the constitution with the presence of his defense counsel or alternate defense
counsel in court. If the accused is unable to ambulate or walk, not agonizing in pain, non-disruptive
or free from physical discomfort, his illness is not contagious, and he prefers to be present during
the jury trial, said accused shall be comfortably wheeled to the court room in a wheel chair at
government expense.
(16) Every person who is under government custody awaiting for ten (10) days or more,
Saturdays, Sundays, and Holidays, included, for further proceedings of his case in court and who
is not represented by a legal counsel, shall be provided promptly with legal representation from
among the lawyers of the Public Attorney’s Office within the legislative district of the court where
his case is pending for resolution. If there is no lawyer available in his staff to take care of the case
of the detainee, the official in charge of the Public Attorney’s Office shall avail of the remedies of
securing the services of a Public Defender in Article III, Section 107, of the National Jury Law.
(17) The jail keeper or warden over the detained person referred to in the preceding
subparagraph (16) shall have the responsibility to promptly make a report of the name or names
of the unrepresented detained person or persons under his custody to the court that has
jurisdiction over the case of the detainee. Failure of such jail keeper or warden to perform his
reporting duties required in this subsection shall be liable for disciplinary action upon indictment
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by a Grand Jury and criminal liability for the crime of obstruction of justice, upon complaint by the
detainee or any close relative or friend of the detainee before the grand jury of his district.
(18) Any accused crime offender who has been detained pending final disposition of the
criminal case against him shall be compensated for the extra time served in prison beyond the
legal period of his incarceration and shall be set free promptly upon promulgation of the judgment
against him. Such compensation shall be paid through the Redeemable Judicial Voucher, Form
GJ-27.
(19) Upon receiving the report of the jail keeper or warden, the presiding judge of the
court to whom the report was submitted shall then order the Public Attorney’s Office to secure the
legal services by a lawyer to assist the detainee referred to above and the bill for his services shall
be borne by, promptly paid for, and charged to, the government by means of the Redeemable
Judicial Voucher, Form GJ-27.
Section 5. The sovereignty of the people serving as jurors -
(1) Any citizen who is summoned to serve as a juror shall be chosen by lottery.
(2) The citizens who are chosen by this process to constitute as a jury shall be deemed
as an official sampling of the sovereign people of their community. The selection of a juror by
appointment directly or indirectly shall be void.
(3) The decision of a trial jury to convict or acquit a crime suspect shall be sovereign
similar to the concept that requires no explanation from a sovereign electorate when it decides to
vote or elect any one whom it chooses to serve as its servant. This concept holds through when
the people decide by the grand jury to indict in court a crime suspect or by the trial jury to hear and
try to convict, or acquit, such suspected crime offender.
Section 6. The “Confidential In Chamber Conference” Before the Actual Jury Trial Begins
-
The “Confidential In Chamber Conference” shall serve as the last and final day in
preparing for the jury trial under the instructions stated below.
(1) In addition to the reading and issuance of the Statutory Basic Trial Jury Instruction
on Form TJ-108, the trial jury shall be guided by a set of a prepared Joint Supplemental Jury
Instruction on Form TJ-111, that will be developed with the use of Form TJ-110 between the
opposing counsels of the parties with supervision by the jury presiding judge in a “Confidential In
Chamber Conference”.
(2) The opposing counsels are advised to show candidness of their respective theories
or positions, pro or con, to the Jury Presiding Judge for the reason that it shall be the jury, not the
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Presiding Judge, that will decide the case. The Presiding Judge shall likewise openly state his
opinion to both counsels during the in-chamber conference on an issue to prevent any delay and
confusion in the course of the jury trial.
(3) The prepared Joint Supplemental Jury Instruction, Form TJ-111, shall serve as a
supplement to the Statutory Basic Jury Instruction as structured in Article X, Section 2, Form TJ-
108.
(4) The Joint Supplemental Jury Instruction shall be developed from the theories of the
respective Forms TJ-110A, TJ-110B, TJ-110C, and TJ-110Ds as presented by the opposing
counsels to the jury presiding judge during the “in chamber” conference.
(5) From the Forms TJ-110A-B-C-Ds presented by the opposing counsels, the Jury
Presiding Judge shall then create the master Joint Supplemental Jury Instruction similar in pattern
with Form TJ-110 for reading and issuance to the Jury.
(6) The Master Joint Supplemental Jury Instruction, Form TJ-111, for issuance by the
Jury Presiding Judge shall serve as a guide to the jury on how to follow the sequence of the
presentation of the evidence to help them in their deliberation and in arriving at their jury decision.
(7) In preparing the Master Joint Supplemental Jury Instruction, great care should be
taken to avoid any violation of the Statutory Basic Jury Instruction on Form TJ-108. Violation of
the Statutory Basic Jury Instruction can be a ground on appeal as an issue of law.
(8) Upon completion of the presentation of the evidence by the respective counsels or
parties to the case with their closing arguments before the Jury, the Jury Presiding Judge shall
submit the case at hand to the Jury. The instruction on Form TJ-111 for criminal trials shall serve
as a guide in submitting the case to the Jury for deliberation and decision.
Section 7. No juror shall be permitted to impose by force, or intimidation, his will against
another fellow juror to vote for or against the conscience of the latter in reaching their collective jury
decision. Nonetheless, a juror is mandated to secretly write his vote in his jury ballot one way or
the other, otherwise he shall be subject to contempt of court for his abstention to vote, except on
being overcome with fear in casting his jury ballot. In such event, the fearful juror shall be replaced
by order of the presiding judge with one of the three (3) alternate juror reserves who shall be drawn
by lottery from among said alternate reserves.
Section 8. The jury Deliberation and verdict -
(1) The members of a jury shall arrive at their verdict by secret balloting. The arguments
or comments of the jurors during their deliberation are mere opinions of the jurors. Their secret
votes as written in their jury ballots when summed up collectively shall serve in determining the
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verdict of the jury. An accused shall be convicted if the total of the guilty votes is 7 or more.
(2) An accused shall be acquitted outright if the verdict is a tie vote of six for “guilty” and
six for “not guilty.”
(3) No claim for a hung jury shall be entertained in case of a tie vote without prejudice
to the right of the aggrieved party to pursue and to file an appropriate civil action before a proper
court of his claim for damages over the alleged criminal act of the accused.
(4) The acquittal in the criminal case shall not serve as a defense in favor of the accused
in the civil action against him.
(5) Any person who has been convicted and put to prison to serve his jail term and, in
the course of his incarceration, he is subsequently found innocent of the crime he was accused
of, such person shall forthwith be released without any condition. In addition to such right of
release, he shall be entitled to, and the presiding judge shall promptly order payment, of the
compensation for the period of his incarceration in the amount of two/thirds (2/3) of the established
minimum wage law and computed on a daily basis, including Saturdays, Sundays and Holidays
which shall be paid out of the jury funds by means of the “Voucher Form GJ-27".
(6) If the innocence of such incarcerated person in the immediate preceding sub-section
has been established and secured judicially through the jury systems with the assistance of his
self-procured lawyer, such lawyer shall be entitled to a contingency attorney’s fee equal to one-
third (1/3) of the incarceration compensation money and the remaining portion of such money shall
be promptly paid to the imprisoned person PROVIDED that his release shall not be contingent
upon any delay in the delivery of the payment of his compensation and PROVIDED FURTHER that
the contingency attorney’s fee shall not be paid to the attorney until after the said innocent prisoner
has already been actually released from prison as witnessed in writing by the presence of his
spouse, or closest blood relative and his contingency-paid attorney.
(7) If said person referred to in the foregoing two subsections (5) and (6) is found
innocent through his own efforts, no person or attorney shall have the right to share in his
incarceration compensation. Should any person, attorney, or public official as defined in any law,
shall attempt to take any share of such compensation through any form of deceit or illegal
manipulation from the released innocent prisoner, such person, attorney, or public official shall be
liable for the crime of obstruction of justice and appropriate disciplinary action.
Section 9. General penalty guidelines to reach a jury verdict - The unanimity of verdict
of the 12 jurors shall not be required and it shall be the duty of the presiding judge of the court or
the same presiding judge of the trial jury to impose the penalty upon the convicted offender in
accordance with the guidelines below in this section.
(1) A crime offender found guilty by a trial jury shall suffer penalty as imposed by law the
imprisonment and fine in their minimum range if the total of guilty votes is 7 to 8 votes; medium
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range if the total of guilty votes is 9 to 10 votes; and maximum range if the total of guilty votes is
11 to 12 votes.
(2) Within each range, the court shall impose the maximum penalty if the jury finds that
the crime was committed with an aggravating circumstance.
(3) Conversely, within each range, the court shall impose the minimum penalty if the jury
finds that the crime was committed with a mitigating circumstance.
(4) If both aggravating and mitigating circumstances are found by the jury, the court shall
impose the penalty prescribed by law committed by the accused as if neither aggravating nor
mitigating circumstance exist in the commission of the crime.
(5) In crimes punishable with imprisonment in jail for one year or more, no party shall
have the prerogative to choose a trial before a solo judge or a division of the Sandiganbayan,
except by pleading guilty or by offering a “no contest plea” by the accused to the offense charged
against him prior to the commencement of the jury trial and, in which case, the penalty in the
minimum range prescribed by law for the commission of the crime shall be imposed upon him.
(6) In a criminal indictment wherein several counts of crimes have been alleged to have
been committed by the accused, the following rules shall apply:
(a) If a maximum penalty calls for the imposition on anyone of the counts of crime of
which the accused is found guilty, the convicted offender shall suffer the maximum penalty in the
maximum range of penalty imposed by law regardless of the number of counts of charges the
accused is convicted with;
(b) If the accused is found guilty of two counts out of the several counts of crimes
charged against him, the convicted offender shall suffer the medium range of the maximum penalty
imposed by law of the crime committed regardless of whether the penalty in either of the count of
crimes the accused has been convicted for is punishable with the lowest penalty in the minimum
range as prescribed by law. If one of the said two counts for which the accused is found guilty is
punishable by law with the maximum penalty, in such case, the said maximum penalty shall be
imposed upon the convicted offender.
(7) If the total of the guilty jury votes is unanimous, or twelve, with finding of, or more,
aggravating circumstance and no, or lesser mitigating circumstance, and the crime committed is
punishable by death or life in prison, the penalty of life in prison at hard labor shall be imposed on
the convicted offender with no benefit of an executive clemency or parol regardless of his age or
gender notwithstanding any existing law, executive order, or rule, to the contrary.
(8) Unless a specific penalty by imprisonment in this law has been prescribed over a
particular act defined as a crime of obstruction of justice, the penalty by imprisonment shall be
three years and one day as minimum to five years and one day as maximum imprisonment
penalty.
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(9) Regardless of the duration, or degree, of penalty imposed in the foregoing
sub-section or elsewhere in this Law, the convicted offender shall suffer perpetual disqualification
from holding any position or office of the government or government owned or controlled
corporation and quasi-government corporation or entity.
(10) Any public official, regardless of title, rank or position, who shall violate the
immediately preceding sub-section in appointing, or in recommending to appoint, a public official
or employee to a public office or position shall likewise be liable for obstruction of justice upon
investigation and indictment by a grand jury regardless of whether such appointee has been a
beneficiary of a presidential clemency or parole.
(11) If the convicted felon has been incarcerated while awaiting the outcome of the case
against him, the period of time of his incarceration shall be deducted from the penalty imposed by
law over the crime for which he has been found guilty by the jury. If he is acquitted of the crime
charged against him, he shall be entitled to an indemnity in the form of a compensation equal to
two-thirds of the legal minimum wage as of the date he has been actually released from detention.
If he is convicted and he has served in detention for a period beyond the period of the prescribed
penalty of imprisonment for his crime, he shall be compensated in the same manner for the excess
period of imprisonment.
(12) The convicted offender may receive clemency or pardon from the president in good
faith for humanitarian reason subject to scrutiny by a grand jury upon complaint for obstruction of
justice by any citizen or by the media or member of the media. Clemency or pardon based on
political consideration or bribery or of conviction of offenders of serious crimes punishable by death
or life in prison upon unanimous verdict of a trial jury shall be void and without effect and shall be
ground for investigation and indictment for obstruction of justice against the president.
(13) Clemency or pardon based on political consideration is hereby defined as clemency
or pardon with the expectation that the public official granting such clemency or pardon may obtain
enhancement of his political standing or for that of a family kin or upon solicitation of a political ally
or confederate regardless of whether such grant comes from the recommendation of a parol board,
bureau, or commission.
Section 10. Televising the jury trial -
(1) A jury trial may be televised or video taped at the discretion of the judge upon motion
of the media provided that its camera shall, at no moment, be focused on the face or faces of a
juror or jurors and provided further that the television equipment shall be stationary and no member
of its crew or reporter shall be permitted to move around the court room or to make a comment
while the jury trial is in progress. The television equipment shall be situated in accordance with the
court room layout as prescribed in Form TJ-133. A person in violation of this prohibition shall be
subject to direct contempt of court and the Presiding Judge, on his own motion, may terminate the
video taping of the trial and shall further order the impounding of the film of the video tape and the
banning of any further broadcast on television or on radio.
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(2) If there is a necessity that a jury trial shall be televised to accommodate the needs
of the viewing public and there are not enough seats in the court room for use of the viewing public,
the presiding judge may order to televise the jury trial upon his own motion or upon motion by any
party to the case or by the media.
Section 11. No claim for mistrial in a jury trial shall be entertained before any court of
law. If a party is aggrieved by the verdict by reason of fraud, bribery, or illegal interference by any
party, the aggrieved party may file his complaint before a grand jury for secret investigation and
filing of the appropriate indictment against the alleged responsible party as soon as he gains any
knowledge on any of such grounds but not beyond one calendar year from the date the verdict was
read in court.
Section 12. Security for the Jury Trial - A jury trial may be held in another jury district
outside its normal court location or venue if there is danger that the trial may be disrupted in such
location by reason of the poor or deteriorating peace and order condition or due to the possible
strong influence of the accused in mobilizing his followers to interfere with the jury trial or to
threaten witnesses, court personnel, the prosecutor, the judge, as well as the jurors, in attending
the trial.
(1) The jury trial shall be held in a different judicial district or court jurisdiction anywhere
in the country upon motion by either of the parties or their respective counsels or by the court on
its own motion or order where adequate protection for all concerned in the trial can be guaranteed
by police authorities.
(2) To ensure the presence of such police authorities, the prosecutor shall serve with
proof of service to all parties concerned a written request for that purpose to the Philippine National
Police no later than thirty (30) calendar days prior to the commencement date of the trial. If the
location of trial is one hundred fifty (150) kilometers or more away from the regular trial court
jurisdiction, such notice shall be served by the prosecutor no later than sixty (60) calendar days
prior to the commencement date of the trial.
(3) The determination of the trial location shall be decided at the pretrial conference in
setting the firm trial date of the case.
(4) Regardless of the location or venue of the trial and it appears that any party to the
case may be inviting extraordinary concern or interest from his sympathizers who may cause
eminent danger to the safety and well being of the jurors, the presiding judge shall order the
provision of a safe common shelter for the jurors in an appropriate hotel with food whenever the
trial is on recess with police protection for the duration of the trial at government expense.
(5) The seating location and arrangement of the seats of the jurors shall conform to the
set up of the Jury Trial Court Room arrangement as outlined in Form TJ-133.
(6) The foregoing seating arrangements shall be such that all public viewers during the
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trial shall all be seated respectively at the back of the jurors and at the back of the defense and
prosecution attorneys.
Section 13. A jury trial shall be absolutely civil in character. Any witness who shall testify
in a jury trial shall be required to wear a civilian attire. A witness who is a member of the military
or police force shall be barred from testifying in a jury trial unless in civilian attire and without any
official insignia.
Section 14. Sealing personal information of the jurors - Promptly after the reading of the
verdict of the jury, the Presiding Judge shall order to securely seal the records pertaining to the
personal information of the jurors. Such records, once sealed, shall not be opened, except by a
grand jury in the event a criminal complaint is filed within one (1) year from the date of the reading
of the verdict at issue in open court by an aggrieved party before said grand jury on grounds of
fraud, bribery, or illegal interference by any party or any third party.
Section 15. Appeal from Jury Verdict.
(1) An accused may appeal a guilty verdict against him to an appellate court on error of
law. The finding of facts by the jury shall not be appealed.
(2) All other aspects of appeal in criminal cases to an appellate court shall follow the
same procedures under the current Rules of Court.
(3) The prosecution has no right to appeal a “not guilty” verdict by the jury.
Section 16. Accelerated implementation of the National Jury Law -
(1) Upon approval of the National Jury Law by the people, the Executive Judge and his
Clerk of Court are hereby mandated to commence the formation of the respective grand jury of
their congressional districts. Expenses incurred for this activity shall be paid by means of the
Redeemable Voucher Form GJ-27.
(2) The paying entity for expenditures incurred and paid via the Redeemable Voucher,
Form GJ-27, shall submit his voucher directly to the National Treasurer for prompt reimbursement.
Thereafter, the National Treasurer shall, in turn, submit to the Department of Budget and
Management for inclusion of such voucher payments in the ensuing fiscal year’s national budget.
(3) The executive regional trial judge and his clerk of court shall post in a newspaper with
general circulation and in their hallway bulletin boards an invitation for grand jury membership
applicants upon the approval of this Law.
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GRAND JURY VOLUNTEER SERVICE
(4) Pending the approval of a formal budget expenditure for the National Jury Law, the
executive regional trial judge and his clerk of court shall post in a newspaper with general
circulation and in their hallway bulletin boards an invitation for grand jury volunteer membership
applicants without pay upon the approval of the adoption of this Law. The acts of the volunteers
to secretly investigate and indict in court of suspected crime offenders shall be held officially valid
as if they have applied as a fully compensated grand jury membership applicants.
(5) If during the term of service of volunteer grand jury members, the funds for the jury
budget is approved by Congress, such volunteers shall be paid retroactively from the date such
volunteers started their jury service plus reasonable amount of their expenses for launch and
transportation in reporting for jury service.
(6) The form of the announcement and application for grand jury membership shall
conform to the prescribed forms by the NJMA in the implementing jury rules to this Law. The
executive judge, his clerk of court and staff members of his court is mandatorily required to refrain
from disclosing the names of the applicants for grand jury members regardless of whether he is
a volunteer applicant or not. Except in writing his name in his application for submission to the
clerk of court or his deputy office staff, the applicant for grand jury membership shall not, at any
moment, reveal to any body his true name or about his family members.
TRIAL JURY VOLUNTEER SERVICE
(7) Pending the approval of a formal budget expenditure for the National Jury Law, the
executive regional trial judge and his clerk of court shall post in a newspaper with general
circulation and in their hallway bulletin boards an invitation for Trial Jury volunteers to serve as
jurors, without pay or per diem, to decide cases that are scheduled for jury trial in a certain date
and time. Upon approval of the budget for the National Jury Law by Congress, the jurors shall be
paid retroactively plus reasonable amount of their expenses for launch and transportation for
reporting for jury duty.
(8) Upon appearance of a volunteer juror, he shall be ushered to the JAR (Jury
Assembly Room) to sign the JAL (“Jurors’ Appearance Logbook”) and thereupon he shall be
provided with the IQS (Impaneling Questioner Sheet), Form TJ-109 A for accomplishment. The
same procedure and qualification of jurors to empanel jurors for jury service as promulgated in
Article IV, Section 1(a) through 1(m), inclusive, shall govern the empaneling of volunteer jury
servers.
(9) The executive regional trial judge and his clerk of court shall respectively receive ten
percent (10%) additional compensation over their current salary commencing the date of the
publication of the invitation for grand jury membership until such time that a standard
compensation for their service has been set up.
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(10) In clustered courts, the trial judges of such courts shall come to an agreement to
appoint one of the deputy clerk of courts from among the most senior deputy clerk of court to serve
as jury commissioner for all the clustered courts, until they shall have appointed a Jury
Commissioner to serve their courts.
(11) In areas where individual trial courts are far apart by two kilometers, their clerk of
court shall act and perform the duties of a jury commissioner.
(12) In the absence of a Jury Commissioner, the Clerk of Court shall act to perform the
duties of the Jury Commissioner in the National Jury Law.
(13) Clerk of courts and clerk of trial courts acting as jury commissioners shall receive
ten percent (10%) of pay over their current salaries or compensation until such time that a standard
compensation for their service has been set up by law.
(14) Any judge and any clerk of court or deputy clerk of court required to perform the
duties to accelerate the implementation of the National Jury Law shall be liable for malversation
of public funds as defined by law who shall collect his incremental pay without prior compliance
with his duties in this section.
(15) An existing court trial interpreter shall likewise act as a interpreter in the court where
he is currently employed during a trial by jury. If for any reason he shall have been terminated as
an interpreter, he shall not be eligible for rehiring in any court unless he shall have passed the
examination and certification as a jury trial interpreter required by this National Jury Law.
Section 17. Unless the context of any provision of this National Jury Law clearly indicates
otherwise, the plural shall include the singular, the past and present shall include the future, and
the male gender shall include the female gender, and vice versa.
Section 18. The Postal Service Personnel shall be required to handle any jury mail
matter as a registered mail when clearly shown on the face of the mailing envelope thereof as part
of its official activity in contributing to the success in the adoption of the National Jury Law.
Section 19. Any person who has been convicted of a serious crime as defined in this
Law shall absolutely lose his privilege to run for, or occupy by appointment, any public, or quasi
public office including government owned or controlled or quasi-government corporation
notwithstanding executive clemency or presidential pardon granted to him by the President of the
Philippines.
Section 20. Nothing in this Jury Law shall imply the abrogation of the power of judicial,
executive, legislative officials of the government in issuing subpoena, subpoena duces tecum,
summons and other similar processes.
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ARTICLE XII
JURY TRIAL INTERPRETERS
Section 1. Court Interpreters for Jury Trials. Each jury trial court shall employ a court
certified interpreter who shall interpret during a jury trial from English and into Tagalog or into the
local dialect commonly spoken and understood by the jurors in their jury court district. The position
of jury trial interpreters shall be professionalized and properly certified. The certification shall be
issued by the executive judge of said jury court district. To qualify for certification, the applicant for
interpreter shall satisfy the following requirements:
(1) A holder of any bachelor’s degree in an accredited college or university and a citizen
of the Philippines. The clerk of court shall invite an unlimited number of applicants to submit their
applications to the position of the jury trial interpreter in the trial courts of his judicial district and in
which he shall state the rate of pay to the position of the trial jury interpreter.
(2) He must be proficient in English, Tagalog, or the local dialect in the judicial district
of the court where he will serve as a jury trial interpreter;
(3) He shall pass a written interpreting examination for which he shall be given at least
30 days to prepare prior to the date of the examination. The examination questions shall be
formulated with emphasis towards learning the commonly used jury instruction words, and legal
terminologies in court proceedings and phrases for interpreting into the local dialect and vice versa
by a committee of five members. The committee shall be composed of the presiding judge of the
court, where the chosen interpreter will serve, a government prosecutor and three private
practicians attorneys as members in the same judicial district.
(4) The applicant-examinee who obtains a grade of 75 or higher in the written
examination shall be interviewed and he must show excellent ability to interpret
contemporaneously before the committee that shall then choose by secret ballot at least ten (10)
of the applicants with the highest grades the committee considers best qualified for
contemporaneous interpreter’s position.
(5) The names of the qualified applicants who have passed the interview for the
interpreter’s position shall be entered in the lottery container from which one applicant’s name shall
promptly be drawn in the presence of all the applicants who passed the interview and who will be
appointed as the regular jury interpreter appointee. The rest of the names shall be kept for three
years for future lottery drawings for appointment in the event the regular appointee is unable to
continue to serve or in the event a vacancy needs to be filled or an additional interpreter will be
needed.
(6) If there are other trial courts within the district that require interpreters, the respective
vacancies for such courts may be filled in by picking the name by lottery from the remaining
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qualified interpreters. All future drawing of names shall be conducted in the presence of the
prospective qualified interpreters who shall be informed in writing in advance of at least 30 days
for such purpose. Appointing an interpreter without going through this lottery process shall be null
and void.
Section 2. The interpreter’s rate of pay shall be recommended by the presiding judge
of the court in which the appointee shall serve.
Section 3. An interpreter shall be held to the highest standard of confidentiality and shall
be subject to decertification for violation of this proscription. Unless required by the court in a
proceeding held for the purpose of restating any matter he has interpreted in a court proceeding,
an interpreter shall neither voluntarily reveal nor shall be forced to reveal on any information he
acquired, officially or privately, while being employed as a court interpreter.
377
ARTICLE XIII
EFFECTIVITY OF THE NATIONAL JURY LAW
Section 1. Any act punishable as a crime of obstruction of justice committed prior to the
enactment of this law which has not yet prescribed for prosecution shall be subject to prosecution
under the rules of this Jury Law upon the date of its effectivity.
Section 2. Any offense punishable by imprisonment for one year or more and its crime
suspect has already been indicted by the Ombudsman or by any government prosecutor and the
trial against the accused has not yet commenced upon the effective date of this Law, or if trial has
already commenced and it is ascertained that it cannot be completed within six (6) months by
bench trial after this law has taken effect, the accused in such indictment shall be tried by jury in
accordance with the provision of the National Jury Law.
Section 3. Any government prosecutor or his deputy who has been officially designated
to prosecute the criminal case under the category defined above who fails or failed to comply with
his duty to commence to prosecute the matter within thirty (30) days, Saturdays, Sundays, and
Holidays, excluded, from the date he was designated to prosecute the matter, shall be liable for
the crime of Obstruction of Justice upon secret investigation and indictment by a grand jury on the
complaint of the accused, or by the crime victim or relative or friend of such victim or by a member
of the public through the media.
Section 4. After the effectivity of the National Jury Law, all existing jury systems, if any,
operating in provinces, cities, municipalities, or barangays, or barrios, shall automatically convert
to, and be governed by, the rules, instructions, and regulations of this Law. This National Jury Law
shall thereupon absorb the expenses of the jury operations in such government instrumentality.
If the jury law of such provinces and cities contain provisions where drawing of allowances and
money advances by political and supervisory officials in said provinces and cities of funds shall
trigger additional jury funding, the same shall remain in effect and the funds generated therefrom
shall be credited and utilized to augment judicial funds in underwriting the expenses to operate the
trial courts of such provinces and cities.
Section 5. Land owners, or their heirs, who may have lost their land ownership as a
result of fake or spurious documentation issued by Registrar of Deeds shall have the right to
reacquire their property by jury trial with the filing of their complaint with the grand jury in their jury
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district within seven (7) years, effective from the date of the approval of the National Jury Law.
All controversies relating to land ownership and judicial land registration shall be resolved by a jury
trial after the passage of this jury law.
Section 6. Upon effectivity of this Law, no government treasurer or paymaster shall have
the authority to pay any government obligation and/or expenditures, except regular salaries and
wages of government employees and officials, unless the same shall have been pre-audited by
an authorized auditor of the Commission on Audit. If the total payment of an obligation and/or
expenditure exceeds one hundred thousand pesos, such representative must be a certified public
accountant.
Section 7. This law shall take effect upon election for its approval by the people and
fifteen (15) days after its publication in the official gazette or fifteen (15) days after the publication
of all its provisions in a newspaper with general circulation in the Philippines whichever comes first.
Section 8. Date approved by the Filipino People on: _____________, Year ________.
(End of the Code Provisions)
Copyright 2015 by Atty. Marlowe Camello
Email: [email protected]