Jurisdiction of the
Philippine Jury SystemS
In Foreign Countries



ARTICLE XII
JURISDICTION OF THE PHILIPPINE
JURY SYSTEMS IN FOREIGN COUNTRIES

Section 1. The Philippine Jury Systems shall extend operation in the respective Philippine Consulate Offices, if any, in foreign countries.

Section 2. A Consulate Officer who shall be a member of the Philippine bar shall act as a supervising judge for purposes of forming the grand jury, of administering the oath of office of, or of issuing by reading the Standard Grand Jury Instruction to, the members of the grand jury.

Section 3. A Consulate Officer who shall be a member of the Philippine bar shall act as a jury presiding judge for purposes of issuing a warrant of arrest on an indictment filed by a Grand Jury and who shall further deputize any of its junior consulate officers to serve an arrest warrant upon an indictee to take him into custody.

Section 4. For the purpose of housing a detained accused, the Philippine government shall appropriate funds for use of renting a jail house, guard personnel and for providing food for the detained accused in the care of the Consulate Officer in a foreign country or state or province of a foreign country.

Section 5. The Grand Jury or Trial Jury shall have jurisdiction over criminal cases involving both citizens and dual citizens of the Philippines in the foreign country where they reside regardless of whether such citizens of the Philippines are permanent, temporary, or undocumented alien residents in the host country, state, or province where said citizens reside.

Section 6. In criminal matters and at any stage of the proceeding thereof, if the host country, state, or province in such foreign country shall be interested for its own security reasons to take jurisdiction in pursuing such criminal matter, Philippine authorities shall yield to the authority of such countries to prevent or avoid conflict of interest between Philippine Authorities and the Authorities of the host country. The Philippine Authorities shall then relinquish custody of the detained accused under the condition that said host country shall provide all expenses for housing, security matters, and food for the said accused.

Section 7. The Philippine Jury System operating in a foreign country or state or province of such foreign country shall have jurisdiction over criminal cases committed in the Philippines as well as in such host country if the act or acts of the crime suspect is prejudicial to the life, liberty, property and pursuit of happiness against the citizen or citizens of the Philippines in foreign countries, including but not limited to misuse or malversation of funds or money sent or transmitted to the Philippines by a citizen or citizens who are residents of a foreign country for his, or their, relatives or friends in the Philippines.

Section 8. If the crime suspect is known to be residing in the Philippines, the Grand Jury in a foreign country or state or province in a foreign country shall turn over to any Grand Jury in the Philippines the continuance of the secret grand jury investigation of the crime suspect. In such event, the Grand Jury in the Philippines, if it finds probable cause that the crime suspect may have committed the alleged crime against him shall have the power to file the required criminal indictment in court in the Philippines against the said crime suspect.

Section 9. The jurisdiction covered by the services of each Philippine Consulate Office in a foreign country or state or province in such country shall automatically serve as the jurisdiction of the Grand Jury or Trial Jury thereat.

Section 10. The jurors for membership in the Grand Jury or Trial Jury shall be recruited among citizens, including dual citizens, of the Philippines, who are residents of the areas of the country or state or province of the country being served by the services of the Consulate Office in said areas.

Section 11. One grand jury shall be created in each jurisdiction of a Philippine Consulate Office in a foreign country, state, or province in such foreign country and shall be possessed with the same powers and functions as created in the Philippines. The qualification of the members of such grand jury shall be the same as the qualification of the members of the grand jury created in the Philippines.

Section 12. The most senior, and the immediate junior, Philippine Consulate official in a foreign country shall have the respective responsibility of performing the function of an Executive Trial Judge and the Clerk of Court in the Philippines for the purpose of setting up the Grand Jury and Trial Jury Systems in a foreign country, state, or province.

Section 13. A Philippine Grand Jury operating in a Philippine Consulate Office in a foreign country, state or province of a foreign country, shall file its indictment in any trial court in the Philippines if the accused is actually residing in the Philippines at the time of indictment and the trial of the accused shall be held thereat if the act or acts of the crime suspect has caused prejudice to the life, liberty, property, and pursuit of happiness, of the citizen of the Philippines, who are residing in a foreign country, or state or province of a foreign country.

Section 14. At least one trial jury shall be created in each jurisdiction at a Philippine Consulate Office in a foreign country, state, or province in such foreign country and shall be possessed with the same powers and functions that is created in the Philippines. The qualification and recruitment of the members of such trial jury shall be the same as the qualification and recruitment of the members of the trial jury created in the Philippines regardless of his status as a permanent, temporary or as undocumented resident in the host country where he, or they, live.

Section 15. Any convicted serious crime offender by a trial jury who is a citizen of the Philippines in a jury trial proceeding and the penalty imposed on him has been issued by the presiding judge at a Philippine Consulate office, acting as a court, in a foreign country, such person shall forthwith be extradited back to the Philippines at government expense no later than 15 days after his sentence has been handed down and read while waiting for the result of his appeal, if any, in an appropriate detention facility in the Philippines.

Section 16. A consular officer or official, who, by reason of his position under this law as an officer of the court, and fails to set up the formation of a grand jury under his consular jurisdiction, or who fails to act as a presiding judge in a trial jury over a criminal matter for trial within his jurisdiction, or any labor attache or official or employee of the Philippine government assigned in any foreign country who commits the crime of dereliction of the duties of his office or abuses verbally or physically any Filipino citizen or dual citizen who seeks assistance from such attache or employee, shall suffer the penalty of three years and one day as minimum penalty to five years and 1 day as maximum penalty and a fine of one hundred thousand pesos to two hundred thousand pesos. The said fine, upon conviction of any of such officials or employees mentioned in this section, shall be paid in advance by the Philippine government to the complaining party or victim, and for which the Philippine government shall have the right of reimbursement from any assets of the convicted public official. To ensure reimbursement to the Philippine government, every consulate or consular official or labor attache or employee shall be required to buy an insurance policy conditioned upon the faithful performance of the duties of his position.

Section 17. If a citizen or dual citizen of the Philippines is a victim of the dereliction of duties of a consular officer, or of a labor attache, and suffers hardship that amount to the deprivation of his life, liberty, happiness, and property, and is unable to seek redress, or obtain safety and protection from such consular officer, or such labor attache, who has jurisdiction over his complaint for dereliction of duty of said consular officer, or labor attache, any relative by sanguinity or affinity within the third civil degree of relationship with such victim in the Philippines may file a criminal complaint for dereliction of duty before a grand jury in the jury district, or congressional district where such relative resides against such consular officer if the victim is unable to file his criminal complaint by reason of financial hardship or he is prevented by the said public officer from filing his criminal complaint in the proper court venue in the foreign country.

Section 18. If the grand jury referred to in the preceding section finds probable cause of dereliction of duty against the consular officer, it shall file its criminal indictment in any trial court in the Philippines and at which court such consular officer shall be required to stand trial by jury.

Section 19. The same penalty of three years and one day as minimum penalty to five years and one day as maximum penalty shall be imposed upon a consular officer, or any labor attache, who shall have committed the following acts against a citizen or dual citizen of the Philippines under his consular jurisdiction:

(a) By demanding directly or indirectly the payment of a sum or sums of money larger than those authorized by law;

(b) By failing voluntarily to issue a receipt, as required or provided by law, for any sum of money collected officially by such consular officer;

(c) By collecting or receiving directly or indirectly, by way of payment or otherwise things or objects of a nature different from that required or provided by law.

Section 20. If a citizen or dual citizen of the Philippines is a victim of the acts of a consular officer and said citizen is unable to seek redress against such consular officer who has jurisdiction over his complaint for any of such acts of said consular officer, any relative in the Philippines by sanguinity or affinity within the third civil degree of relationship with such victim may file a criminal complaint against such consular officer for any of the acts referred to in the preceding section before a grand jury in the jury district, or congressional district wherein such relative resides.

Section 21. If the criminal complaint of the victim shall be filed before a grand jury in the Philippines, the complaining victim and his witnesses, if any, shall be required to give an oral video taped deposition before a licensed court stenographer or reporter who shall transcribe the deposition proceeding and/or before an officer who is authorized to take the oath of the deponent. The respondent of the complaint shall be duly notified of the date, time, and location of the deposition and who shall have the right to cross-examine the complaining victim and his witnesses in the deposition.

Section 22. The taking of the video taped deposition shall be commenced within thirty working days from the date of the filing of the criminal complaint before the grand jury and shall be completed within three calendar months from the date the deposition was commenced. The stenographer or court reporter shall thereupon transmit the deposition transcript and the video of the deposition within ten working days after the ending date of the deposition to the Clerk of Court in the Philippines who serves as a liaison officer of the grand jury where the complaint was filed with the instruction: ‘PLEASE FORWARD TO THE GRAND JURY” to be stated in the transmittal letter of the transcript and video recording. The complaining victim or his attorney, if any, shall provide to the stenographer the name and address, of the clerk of court to whom the deposition transcript and video shall be sent to.

Section 23. Within thirty days from the date the grand jury has received the transcript and video of the deposition referred to in the preceding paragraph, it may, in its discretion call other witnesses for questioning to support its indictment against the accused consular officer. If the grand jury finds probable cause, it shall forthwith file its indictment in court. The judge in whose court the indictment was filed shall thereupon issue the warrant of arrest which he shall transmit the same to the office of the Department of Foreign Affairs who shall then serve the warrant of arrest against the indicted consular officer and to take him into custody. For this purpose, the Secretary of the Foreign Affairs Department shall have the power to ask two officers of the Philippine National Police Director to assist in taking the indicted consular officer into custody.

Section 24. At all times until the indicted consular officer is arrested and taken into custody, no judge or the staff members of his court and the Secretary of the Department of Foreign Affairs or any of its staff shall have the authority to publicize the indictment of the subject consular officer. Violation of this secrecy rule shall subject the transgressor liable for the crime of obstruction of justice upon indictment by the grand jury.

Section 25. If, at the time of the filing of the complaint before the grand jury in the Philippines, the complaining party or victim has already returned to the Philippines, such complaining party or victim shall himself file his complaint against the consular officer before the grand jury of the jury district, or congressional district, where said party or victim is residing. If the consular officer is indicted, the secrecy requirement in executing the arrest warrant in the preceding Section 23 of this Article shall be strictly enforced.

Section 26. If, as a result of the dereliction of the consular officer, the victim dies or has lost his capacity to care for himself, any relative by affinity or sanguinity within the third civil degree of relationship with, and who is taking care of, the said victim may file the criminal action against the derelict consular officer before the grand jury in the jury district, or congressional district, where such relative of the victim resides.

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"Article XIII"
The Effectivity Date
Of the Jury System Law.

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