Types And Principles Of
The Philippine Jury System
TYPES AND PRINCIPLES OF
THE PHILIPPINE JURY SYSTEM
TYPES OF THE JURY SYSTEM
Section 1. The Jury System shall consist of two separate types, with powers to decide independently from government control namely, the Grand Jury and the Trial Jury.
(a) The Grand Jury shall serve as the voice of the people in their community against lawlessness and shall secretly function as their independent direct investigating and indicting arm in court against crime offenders who commit serious crimes secretly or openly; and
(b) The Trial Jury shall serve as a “group judge” with supervision by a presiding judge or justice in criminal and civil matters in court trials to prevent potential arbitrary or whimsical judicial decisions.
PRINCIPLES OF THE JURY SYSTEM
Section 2. The Jury System shall serve as a judicial device to unify the Filipino people as well as to put an end to the pervasive graft and corruption in the Philippine government.
The functions of the jury system shall be accomplished according to an established set of Jury Instructions.
(a) To achieve the objective of the jury system to unite the people, there shall be only one set of jury instructions that shall be adopted and it shall be uniformly applied without deviation in all criminal investigations and judicial proceedings all throughout the country regardless of culture and ethnicity of the parties involved, or geographical location where the jury proceedings are conducted.
(b) To attain the goal of the jury system to eradicate government graft and corruption, membership in the juries shall be exclusively chosen randomly by lottery from the adult citizens in the private sector without requiring further approval from any government authorities. Individually, the people shall serve as informal sentinels over the conduct of their public servants and their neighbors without further need of an enabling law or executive order from any government authorities.
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 an 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 congressional districts.
Section 5. Prevention of Conflict of Interest of legal counsels.
(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 who are charged on the same alleged criminal act or acts to prevent potential conflict of interests 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 for 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.
Section 6. Joint liability of Government Entity and Its Agent -
The government entity or public office including any government owned or controlled or quasi-government corporation shall be jointly and severally held liable 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.
Section 7. The power and right of juries to operate in times of the declaration of martial law or man-made emergency-
(a) The sovereign right and power of the 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 the armed forces of the Philippines or the Philippine National Police shall have the joint duty and obligation to afford protection to the members of the grand jury and trial jury 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 or member of said armed services shall have committed.
Section 8. A juror in a grand jury or trial jury who, in the course of, or arising out of, jury duty, dies, or is injured so as to be unable to perform his normal daily living activity for 10 days or more, shall be entitled to monetary indemnity.
(a) If the juror dies in the course of, or arising out, of jury duty regardless of fault, 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) Responsible entities -
(1) If the death of the juror is the result of the negligence, or intentional or reckless 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.
(2) 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 of the juror. Government instrumentality as used in this law is hereby meant to cover all levels of the government from national down to all local government units and government owned or quasi-government controlled corporations and their agents.
(c) If the juror is injured by reason of the act or acts by anyone described and referred to in the preceding sub-section (b)(1) and 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 thousand) pesos, free from income tax.
(d) The indemnity payment referred to in the preceding sub-paragraphs (a)or (c) shall be promptly paid to the heirs or next of kin of the deceased juror or the disabled juror by, and from, the jury funds of the Supreme Court referred to in Article IX, Sections 1 and 2 of this law without awaiting for reimbursement of funds from the party who is ultimately responsible for the death of, or injury to, the juror.
(e) For this purpose, Congress shall allot promptly upon the effectivity of this law and, and annually thereafter an amount of funds equal to ten (10%) of the total pork barrel allotment, also known as the Priority Development Assistance Fund, for all the members of Congress and the allowances of the President which shall serve as a contingency fund to pay the claims of the next of kins of deceased jurors or injured jurors arising from jury service.
(f) For as long as there exists an unpaid claim referred to in this sub-paragraph (a) or (c) as certified by the general treasurer of the Judiciary Branch, the treasurer of the Philippines shall first release the money to the jury fund prior to the release of money to pay the pork barrels of the members of Congress and the allowances of the President under the same responsibility he is required to fulfill in Article IX, Section 2, Sub-Section (d) of the Jury Systems Law.
(g) The “course of jury duty” or “arising out of jury duty” shall include the period in which the subject mater of the jury proceedings is still in process regardless of whether the death or injury of the juror occurred in the premises of the court or grand jury investigation room or whether the juror was going home and back during the continuance of the jury proceedings.
(h) The Supreme Court shall have the right to a reimbursement of its payment from the personal assets of such person, or the budget of the office of the public officer or government agent who has caused the injury or death of the juror. In turn, the public office of such public officer or agent shall have the right of reimbursement from the private funds or assets of such person, or such public officer or government agent, provided that the payment from the jury funds of the Supreme Court shall promptly make payment to the heirs or next of kin of the deceased juror without waiting for reimbursement from the funds of such person, or the public office of such public officer or government agent.
(i) The rules in Article V, Section 8, sub-paragraph (d) of this law shall apply in seeking reimbursement from the funds of the public office of such public officer or government agent.
(j) Payment from the Jury Fund shall be paid no later than 30 days from the date the claim has been presented by the claimant. Such claim shall prescribe after two years from the date of death or injury of the juror claimant unless the claimant shall have filed by then his claim prior to the expiration of its statute of limitation
(k) A “public officer” or “government agent” shall mean any person who is employed or hired by, or performing service for, the government by election or appointment, or by self-appointment, or by assumption of office.
(l) Any public officer or government agent 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 insurance liability policy with at least two hundred (P200,000.00) thousand pesos to pay his financial responsibility under Article V, Section 8, sub-paragraph (d) of this law.
Section 9. The employment without pay and regular benefits of employment for employees of a person duly accredited or licensed by the government of his chosen profession or job under the pretext of providing him a job training or experience or apprenticeship by any other person, supervisor or manager of a private or public entity or quasi-public entity providing service to the general public for monetary gain or fee is hereby declared unlawful.
(a) Any such other person, supervisor or manager of a private or public entity or quasi-public entity who shall employ such government accredited person of his profession shall, under no condition, pay a compensation lesser in amount than the prevailing national minimum wage established by law.
(b) It shall be unlawful for any of such other person, supervisor or manager of a private or public entity or quasi-public entity to demand payment of a training or apprenticeship fee of any sum of money in hiring for employment of such government professionally accredited person of his chosen profession.
(c) Any violator of the foregoing sub-sections (a) and (b) shall be liable to pay the accrued services of the professional employee plus a fine of one hundred thousand (P100,000.00) pesos to the Department of Labor for every violation of the right of each employee in collecting his compensation upon investigation and indictment by a grand jury and conviction by a trial jury regardless of the number of the majority votes in the guilty verdict. In each repeat offense by the same violator, the penalty fine, if found guilty, shall be one million (P1,000,000.00) pesos plus payment of accrued compensation to the employee.
(d) Any such other person, supervisor or manager of a private or public entity or quasi-public entity described in the foregoing sub-sections (a) or (b) shall be required to carry an umbrella insurance liability policy with at least two million (P2,000,000.00) pesos to pay his, or its, financial responsibility under this Section under pain of losing his, or its, license, permit, or authority, or corporate charter, to operate his, or its, business.
(e) Filing an action for insolvency or bankruptcy shall not relieve the violator of his, or its, monetary liability for the compensation to its employee or penalty fine to the Department of Labor under the foregoing sub-section (c) of this section.
Section 10. 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 a 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.
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