Adoption of the Jury Systems



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ARTICLE I

ADOPTION OF THE JURY SYSTEMS

Section 1. This law shall establish the jury systems to enable the people to participate in the administration of justice in their sovereign capacity to fully exercise their power and authority which shall serve as the venue of the supreme conscience of the Filipino People by virtue of, and as an implementing statute for, Article II, Section 1, of the Philippine Constitution.

It shall be known as the “Jury Systems Law” and may be briefly cited as the “JSL”. It may likewise be known as the “Hukuman Ng Mamamayan”. Its operation shall transcend upon the entire civil, military and police governance of the Republic of the Philippines from national down through all regional autonomous, provincial, city, municipal, and barrio governments or in all local government units including but not limited to all government owned or controlled corporations or quasi-government corporations.

Section 2. Democratic master and servant relationship-

(a) This law shall recognize the common people as the masters in their democratic government and that any or all persons rendering service in the Republic of the Philippines or any public officer as defined in Republic Act 3019, Section 2(b), the Anti-Graft and Practices Act, including but not limited to the officers and members of the board of directors or trustees of government owned or controlled government corporations and quasi-government entities as well as members of the armed and police services shall be servants to the common people.

(b) All and any public official or officials shall pay respect to every private citizen and any of them shall address such citizen as “Mr.” or “Ms.”, followed by his or her last name, or as “Sir” or “Madam” in communicating verbally or in writing.

(c) Conversely, every citizen shall address any public official, regardless of his or her title, rank, or position or a lawyer as “Mr.” or “Madam” followed by his or her government title, rank or position or legal profession.

(d) Public officials below the presidential rank shall address the President as “His” or “Her” ‘Excellency’ while private citizens shall address the President as “Mr. President” or “Madam President” as the case may be.

(e) When speaking before a crowd or group of people or in making a press release, the president or any public official as a servant must stand when speaking before, or making an address or announcement to, the people for being his masters of the Philippine democratic society. This subsection shall not apply to a public official who is physically handicap from standing.

Section 3. The Jury System is hereby instituted to serve as an indispensable and inherent part in the administration of justice both in criminal and civil matters under the supervision of court judges. To allow free delivery of ideas to fairly enhance and speed up the administration of justice, the following policy is hereby adopted:

(a) No person shall be criminally held responsible or by civil action for expressing his thoughts in or outside of court with reference to any public official or any professional who performs his duties with questionable or doubtful conduct; and

(b) No member of the armed 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, deprived of promotion, terminated from office, be reduced of his compensation, or punished in any manner for reporting any anomaly or criminal acts or act of injustice, either as an anonymous tipster, whistle blower to the media or an open complaining witness against a member of his organization 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 under Article III of this Act.

(c) No person shall have the right to demand or ask, or be demanded or be asked, that he should be described or labeled 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.

(d) No person shall be described 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 deliberation.

Section 4. Six (6) months after the adoption of the Jury Systems Law, no person accused of a crime punishable with a minimum imprisonment of one (1) year or more shall be compelled to stand trial unless conducted before a trial by jury.

Section 5. If any portion of this law is declared invalid, its remaining provisions shall continue to operate to achieve its basic purpose.

Section 6. It is hereby mandated that every person who serves in any instrumentality of the government shall act with transparency 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 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 Jury Commissioner or Clerk of Court.

Section 8. Any amendment to, modification of, or any act to abolish, or any comparative law is introduced by Congress or executive order of the President or other means, to over ride this law, or any other law or statute enacted by the people through the initiative, shall remain inoperative unless submitted to the people for referendum 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 the jury systems 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 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 investigation and indictment, or from hearing and conviction, in a criminal or civil action, under this jury systems law shall be granted to any official in the national government and local government units, 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 associate justice of the supreme court, the chief of staff of the armed forces of the Philippines and each officer below his rank, and the director general of the Philippine national police and each officer below his rank, notwithstanding any law, presidential decree, or any rule to the contrary.

Section 11. No public official, or government employee, regardless of his rank, title, or position in the government 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 or who has been convicted of a crime punishable by imprisonment regardless of his rank, title or position in the government, or a private citizen who claims to possess with royalty or 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, and clothing in kind given by a close relative within two degrees of blood or marital relationship as defined by the Family Law with, or to, the incarcerated person.

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 of any type, political, appointive, temporary or honorary and shall further forfeit any and all retirement benefits from public service. No imprisonment shall be imposed upon said public official or government employee.

Section 13. If the public official referred to in the foregoing Sections 11 and 12, is removable only 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.

Section 14. If the person is a private citizen who is giving 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 of any type, political, appointive, temporary or honorary.

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