Grand Jury Standard Instruction
(An Integral Part of the Grand Jury Law)
Up-dated as of February 5, 2011
By Atty. Marlowe Camello
(The Instruction is in a separate topic below.)
What is a Grand Jury?
A Grand Jury is a powerful secret speedy independent investigation device over crimes and crime offenders directly representing the sovereign people in its locality with the power to file an indictment in court without seeking permission from any government authority upon its finding of a probable cause that the crime suspect has committed a serious offense. It is composed of 23 members who are randomly chosen by lottery among college graduates. Their tour of duty is limited to 6 months to serve from January to June and another set of members to serve from July to December each year.
The power and authority of the grand jury to act is derived directly from the sovereign power of the people under Article II, Section 1 of the constitution.
The power and authority the Grand Jury derived in Article II, Section 1 of the Constitution is paramount so that its power to investigate transcends to all over other public officials whose authority is found in the subordinate articles, namely: Article VI, the Legislature; Article VII, the President; and Article VIII, the Judiciary. The sovereign people sitting as members of the Grand Jury, therefore, has the power to investigate and indict in court, any public official or any person regardless of his rank, title, nobility, or position in the government or in the society.
The act of the Grand Jury and its members shall be performed with the highest degree of secrecy and comparatively much higher than the degree of confidentiality of the inquisitions by the National Bureau of Investigation or its agents or any other secret agency of any level of Philippine government.
Why is grand jury investigation held very secretly?
Because crimes are almost all committed in secret. The people, the victim of criminality, need to have a counter-secret investigation system to "see, watch, and catch" crime offenders. This can only be done by giving the grand jury the "weapon" of "secrecy". In order that this can be done, grand jury members are required to take the oath of secrecy so that they will be bound to use it.
Another purpose of secret investigation by the Grand Jury is to protect the right of the crime suspect to keep his constitutional innocence so that he will not be "convicted" with trial by publicity or by grand standing investigation.
Why is the act of the Grand Jury sovereign or plenary?
The act of the Grand Jury is sovereign and not subject to approval or review by any judicial, political, legislative, executive, or administrative, armed or police services, department or by any public official of the national level of government down to any level of local government units to enforce and keep the rule of law and justice at all times in our society BECAUSE it is conducted directly by the sovereign people through their direct agent, which is the Grand Jury.
Why can the Senate not able to act like the Grand Jury to directly file an indictment in court after it finds probable cause that the offender may have committed graft and corruption? Its members are more intelligent than just college graduates?
Because the constitution does not allow the Senate to become an accuser and at the same time a lawmaker. It would be a flagrant violation of the separation of powers among the 3 great branches of government. Even if we make the Senate as the SUPER GRAND JURY under our proposed jury systems law, it won't work! Why? Because it will still be unconstitutional and the people, headed by Atty. Toto Causing and Atty. Cita Garcia in sponsoring the jury adoption initiative, are not in the business of creating unconstitutional laws by the initiative process. That would be an exercise in futility.
College graduates are not among those that are prohibited from conducting investigation if a law is passed for them to do so like our proposed Grand Jury Law.
The Office of the Ombudsman is the agency that is constitutionally created to go after government grafters and its "Officer-In-Chief", the Ombudsman, has been appointed by no less than the President. Is the Ombudsman not sovereign in spite of the fact that he is appointed by the President, the highest official of the country?
The Ombudsman as an "appointee" by the President is nothing but the "sub-agent" of the President but constitutionally given independence from the President to perform its official acts. Being an appointee of the President, the Ombudsman is not the direct agent of the sovereign people. The President is not as sovereign as the people because he is just an elected SERVANT of the people. A servant appointed by another servant cannot be the direct agent of the Sovereign People. The loyalty of that servant will still belong to the servant who appointed him or her, like when the "honorable" servant Mercedita who was appointed by "super" servant Gloria that exonerated the FG from all alleged corruption in the ZTE-NBN China-Phl deal.
A Grand Jury is not a court and none of its proceedings is subject to the hearsay rule of evidence. It has the power to file an indictment in court for Obstruction of Justice against any person or public official for disobedience to its subpoena, subpoena duces tecum, or summons, regardless of the rank, title, position and power or nobility of such person in the government or in the community.
The form of the Grand Jury indictment is similar to the criminal complaint form currently in use in court today around the country.
In order for the Grand Jury to officially function, its members are sworn or inducted to office by an executive regional trial judge from whom its members shall receive their grand jury instruction to act in using the sovereign constitutional power of the people under Article II, Section 1, of the constitution.
After the inauguration of each new set of members, this Body shall become self-autonomous without further supervision by the inducting executive judge,except that the judge may exercise to order dismissal of a juror or to disband its membership for failure to function and for their replacement upon complaint by a certain number of its members. He shall have no duty to interfere in the function and decision-making power of the this Body after its members and officers are sworn in.
The decision of the Grand Jury to indict a crime suspect in court is neither subject to review nor approval by any government official.
To the contrary after the passage of the Grand Law, all government indictments shall be subject to approval by the people through, and by, a grand jury indictment before the accused can be forced to stand a court trial.
This is a democratic concept under the U.S. prosecution system. Before the government can put to trial of a person for condemnation who is alleged to have committed a wrong doing, the government must first secure the permission of the sovereign people of the community to which the alleged wrong doer is a member. That permission is obtained from the grand jury which is the direct agent of the people by means of a grand jury indictment.
This is a requirement as a solid protection for common and poor citizens against condemnation of a person, like extra judicial execution, by the government upon the say so, or order, of some powerful "big shots" of society such as by using government fiscals to prosecute their personal enemies - it is somewhat akin to legalized death squads - that needs to be prevented.
Beginning of the Form For the
Grand Jury Standard Instruction
THE REGIONAL TRIAL COURT
Office of the Executive Judge
_______ Regional Judicial District
Street and City Addresss
GRAND JURY STANDARD 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:
I welcome you for coming to this court session today. You are about to embark on an interesting and a very honorable mission. I am pleased to announce that this court has accepted your oath to fulfill your obligation to act collectively as a Grand Jury during the next six calendar months beginning today (mark "X" for the proper period) from (_)-January to June (_)-July to December, year ______ in the _________ Jury (Legislative) District of __________________, _____________.
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 and the protection of your family depends on your discipline in keeping this secrecy. You must remember that you are bound by your oath of secrecy.
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.
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 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, 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.
The only name you shall use and sign in all your official transactions as jurors is your SIDN.
You are hereby vested with power through your collective decision to enforce decency and discipline in the government service and all criminal laws within the said district. 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.
Your power to investigate crimes is superior in all respects than any investigation by other persons or officials, group, or entity in the government and you must bear it with dignity befitting of the sovereign power of the people which has been entrusted to you and for 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 in the community.
You may bear arms secretly for self-defense purposes only and you shall under no circumstance display the same in your investigating room when propounding question to a witness. By the Rules of the Jury System 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, as follows:
(1) (a) You must know each other only by your SIDN 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.
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 am not in position to comment on, or to answer, your question”. Speak no further and walk away promptly. You must casually stay far from each other when you enter your room.
(b) 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. Your officers shall have a great responsibility to perform and all of you are required to cooperate to assist in the discharge of that responsibility.
(c) 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 accustom to know and call each other by your SIDNs, your security identity names.
(d) 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 a prescribed form, Form GJ-43, Section 17, Rule 2 of this Rule and attach therewith a blank form of Form GJ-34, Section 17, Rule 2, of this Rule, for completion by the executive judge.
(NOTE: To speed up the designation process of choosing the grand jury officers, 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 to determine the capabilities of the volunteering leaders and thereafter he shall ask other members to vote by raising their hands who among the volunteers will they elect as their grand jury officers. A vote of 12 or more in favor of the nomination shall be elected. Before proceeding, the Executive Judge shall take note of the chosen grand jury officers by their designated SIDN. Thereafter, the judge will administer the oath of the officers of the grand jury as shown below.)
"Do you solemnly swear individually and collectively that you will accept your obligation freely, without any mental reservation or purpose of evasion; and that you will well and faithfully discharge the duties of your office in this Grand Jury in which you are about to enter. So God help you" and your response shall be: "I, and we, do."
(2) Nature and source of power of the members of the grand jury:
(a) 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 2, 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."
(b) 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.
(c) 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.
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, or not to indict, in court is final.
(3). Grand Jury business hours and Security Matters -
(a) 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.
(b) For your protection and the area of your operation, your foreman shall contact the National Director of the Philippine National Police. Use the prescribed form for this purpose. The form is known as Form GJ-27 which you shall find in the "GRAND JURY TABLE OF FORMS" in your Grand Jury Systems Rules.
(4) 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-3, Section 17, of Rule 17 of this Rule. He shall have the power to demand prompt attendance of all grand jury members.
Exactly at 9:00 o'clock in the morning of each business day, he shall promptly convene the grand jury session. Each member attending a grand jury session shall personally sign in the attendance sheet, Form GJ-4 in Section 17, of this Rule, in the presence of the foreman with his SIDN and the foreman must write in the exact time such member reported at the grand jury room.
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-5 in Section 17, of this Rule. He shall have the power to approve and recommend payment of the per diem of each grand juror.
(5) The foreman shall have the power to assign cases using Form GJ-6 of Section 17 of this Rule to each grand juror or a group of 2 or more grand jurors for personal attention and investigation of a case.
He shall keep a log record on Form GJ-30 in Section 17 of this Rule of each and all cases this Grand Jury is pursuing. No another case number shall be assigned to a prior numbered case. He shall set up the plans to investigate government entities on Form GJ-7 or public officials on Form GJ-8, in Section 17 of this Rule. In the absence of the foreman, the vice-foreman shall perform the duties of the foreman.
(6) The foreman shall have the power to recommend on Form GJ-22 in Section 17 of this Rule 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.
Conversely, any six (6) members of this grand jury shall have the power to recommend on Form GJ-23 in Section 17 of this Rule to the Executive Judge of this court for the expulsion of its foreman for inexcusable failures to attend two or more grand jury sessions, frequent or habitual tardiness in reporting to the Grand Jury Investigation Room, drunkenness or substance abuse, or for bribery or 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.
(7) The role of the Secretary and other Members of the Grand Jury:
(a) The Secretary - The Secretary shall: Prepare your daily agenda on Form GJ-32 in Section 17 of this Rule in consultation with the foreman; Assist the foreman in preparing the needed daily attendance record of the grand jury members on Form GJ-4 in Section 17 of this Rule 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.
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.
(b) The Members - 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.
It is the obligation of such member to recommended to the foreman to issue a subpoena or subpoena duces tecum to a witness by filling up the prescribed subpoena form on Form GJ-11 in Section 17, Rule 2, of the Jury Systems Rules (or JSR).
(c) Any six (6) members of this grand jury shall have the power to recommend on Form GJ-33 in Section 17 of this Rule to the Executive Judge of this court for the expulsion of its secretary for inexcusable failures to attend two or more grand jury sessions, frequent or habitual tardiness, among others, in reporting to the Grand Jury Investigation Room, drunkenness or substance abuse, or for bribery or 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.
(8) Powers and duties of the recording secretary of the grand jury. Your recording secretary shall be responsible in recording the interrogation sessions with witnesses before the grand jury. He must prepare the electronic recording devices for the session. No interrogation session of the grand jury shall proceed unless its tape recorder is actually functioning.
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-31 in Section 17 of this Rule.
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 shall be bound by the confidential requirements of the grand jury.
(9) This is your greatest opportunity to serve your community. Take advantage of it with pride -
(a) You have been randomly chosen to serve as an organized group, known as the GRAND JURY.
(b) 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 regardless of his fame, nobility, royalty, wealth, rank position or title, if any, in our government or society in this jury district who has committed a serious crime as defined in Section 4(b), Rule 1 of the the JSR, such as, but not limited to, government corruption, murder, kidnaping, robbery, thief, rape or chastity crime, extortion, election fraud, terrorism, human rights abuse, money laundering, obstruction of justice, or falsification of documents.
(c) 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.
(10) Dissolution of the Grand Jury - I must caution you at this stage that your term of office is not absolute. You 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.
(a) 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 Grand Jury Standard Instruction, this grand jury may be dissolved by a declaration to do so by your own members;
(b) 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-28 in Section 17 of this Rule stating therein the reason for their declaration. They must attach a blank form, Form GJ-29 in Section 17 of this Rule, to their Declaration for ready use by the Executive Judge.
(c) 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.
(d) 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 memorandum of non-indictments they had decided on.
(e) 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 born by its records in spite of your quorum and, in which case, this court will issue its appropriate order on Form GJ-29 in Section 17 of this Rule.
You will be paid of your per diems up to the day the court ordered your dissolution if shown in your Form GJ-4, in Section 17 of this Rule 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.
(11) 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.
(12) The executive judge shall follow the same procedure in Instruction No. (1) of this Grand Jury Standard Instruction to install the new set of grand jury members.
(13) (a) 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.
(b) When you are performing your jury duty, you must feel superior in authority, but politely, to any person who appears before your group regardless of his rank or position in the government.
(c) 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.
(14) (a) 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 which states that "Sovereignty resides in the People and all government authority emanates from them. Your territorial jurisdiction is coextensive with the legislative district in which this court is located.
(b) Under certain circumstances you may also investigate crimes outside your regular district and file your indictment in any other court of the Philippines.
(15) (a) The Rules of the Jury System has been promulgated 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. You must use the official confidential grand jury telephone equipment provided to you by the Clerk of this Court.
(b) 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.
(c) 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.
(16) (a) 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.
(b) You have the power to investigate and indict in court any public official regardless of rank or position in the government who may have committed a serious crime of any nature.
(17) 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, serious crimes or offenses of any kind including but not limited to murder, robbery, grand theft, tax evasion, money laundering, human rights abuses, acts of fraud or violence in the conduct of electing public officials.
(18) (a) You will act as direct collective agent of the master of society, the sovereign people in your district on matters that are within your authority to investigate. You are not agents of the government and you are not agents of any government official.
(b) 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.
(19) 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 an honorable official in performing your duties.
(20) At the end of your 6-month term of service, you shall desist from handling new cases which shall then be taken over by the new set of grand jury members for reprocessing or deliberation and decision.
(21) 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, to the new set of members of the grand jury.
(22) 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.
(23) Each time you report for jury duty, you must have with you your Form GJ-37 Section 17 of this Rule, your SIDN# validation document issued to you by the Executive Judge. You will not be allowed by your police protectors to enter your Grand Jury Investigation Room without it. If any of you fails 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-22, Section 17 of this Rule.
(24) (a) 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-4, Section 17 of this Rule, 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.
(b) If you have a quorum of 14 members present, you must be unanimous with your 14 votes to indict in court a crime suspect of your investigation.
(c) For this purpose, your foreman with the assistance by 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 and certified to under penalty of perjury jointly by your foreman and your secretary with their respective SIDNs.
(25) If your foreman or acting vice foreman fails to report for jury duty for two or more consecutive business days without legal justification, any 3 of your regular members may recommend to this court for his termination on prescribed Form GJ-23, Section 17 of this Rule.
(26) (a) 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-19, Section 17 of this Rule, from your treating physician stating truthfully under penalty of perjury the exact nature of your illness or injury that requires you a rest from grand jury duty.
(b) 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 with 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.
(27) (a) 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 on a piece of paper in a ballot form as prescribed on Form GJ-13, Section 17 of this Rule and signed with your SIDN and date of signing. In voting for an indictment, at least 14 affirmative votes shall support your indictment.
(b) 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.
(28) (a) If a high government official wish to see you, you must politely decline too meet such person by stating that you have no obligation or power to meet or receive any advice or instruction regardless of the rank and power in the government of such person unless on your summons or subpoena in connection with your investigation of a crime.
(b) On the alternative, you may ask such official to send you his written information under oath for your consideration on any matter which may be the subject of your investigation. You should not be intimidated by the fact that he is a high official. If he is such a high official of any rank, title, or position, or nobility, he is indeed your public servant, nonetheless.
(c) 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-49.
(29) Your first task upon receiving an information about a crime:
(a) 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 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-30 in Section 17, of this Rule.
(b) You are required to act in presenting a criminal accusation in court, called an Indictment on appropriate prescribed Form GJ-14, GJ-15, or GJ-16 (as the case may be) Section 17 of this Rule, upon complaint by, and in behalf of, crime victims, witnesses, police or prosecutors against crime offenders based on your independent decision.
(c) You need not seek the approval by any other government authority whatsoever to make your decision and you shall not be bound by the recommendation of such, or any, other government official or authority.
(30) 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 that will prove beyond reasonable doubt to support your indictment.
(31) 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 prevent you of finding a probable cause for your indictment, otherwise, you will simply pass and write a Memorandum of No Indictment on prescribed Form GJ-17, Section 17 of this Rule. When you are confronted with a difficult decision to make, you must review and adhere to your oath of office, Form GJ-24, Section 17 of this Rule, to arrive at your good faith decision one way or the other.
(32) 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;
(33) 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 can be summarily removed upon recommendation on prescribed Form GJ-22, Section 17 of this Rule, by your foreman to the executive judge of this court.
(34) You are not a lawmaking body. It is not within your powers to make laws, rules or regulation except only as to such matters for the internal and orderly conduct by and among yourselves.
(35) (a) 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.
(b) Your jurisdiction is coextensive with the legislative district, designated by the Jury Rules as your jury district, in which this regional trial court is located;
(c) You may use the prescribed form known as "Extract Record from Anonymous Report, referred to as Form GJ-10, Section 17 of this Rule 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.
(36) (a) You may publish your invitation for anonymous reporters or tipsters of crimes using the form "Invitation for Anonymous Crime Informants" prescribed as Form GJ-9, Section 17 this Rule to submit their confidential crime information 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.
(b) 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.
(37) You may work as a team of 2 or more members on a case with the approval for coordination or instruction with your foreman. You may go out to the field occasionally for visual observation only with the consent of your foreman to verify or confirm, as a matter of preliminary information provided by a secret reporter or tipster such as names, address, of persons, offices, and others in a casual manner but you shall not conduct any questioning with anyone outside your grand jury investigation room.
(38) Once you have recorded a case in your Form GJ-30, you must finish its investigation within ninety (90) days, excluding Saturdays, Sundays and Holidays, from the date you have recorded the matter on Form GJ-30 or from the date of your receipt of a complaint. Your job on a case is deemed completed by filing your Indictment in court in accordance with the procedure in Section 5(o) in Rule 1, of the Rules of the Jury System or by issuance of your "Memorandum of No Indictment" with the use of the appropriate prescribed Form GJ-14, GJ-15, GJ-16, or Form GJ-17 , as the case may be, in Section 17 of this Rule.
(39) (a) 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 location of other trial courts of this judicial district.
(b) 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-49, by the Jury System Rules and present the same to the Clerk of Court in this Courthouse.
(40) You shall not issue or publicize any information regarding your investigation of any matter. You must absolutely keep your proceedings strictly confidential or secretly at all times.
(41) You have the sovereign power to approve or disapprove felony accusations filed by government prosecutors. Should you approve any of such accusations, you must file a return of your indictment on the appropriate prescribed Form GJ-14, GJ-15, or GJ-16, as the case may be, in Section 17 of this Rule, with the clerk of this court.
(42) (a) Before you approve complaints or accusations filed by government prosecutors, you must require the appearance before you of the government witnesses or seek other evidence by subpoena or by subpoena duces tecum by using prescribed Form GJ-11 in Section 17 of this Rule in addition to the evidence presented to you by government prosecutors to support your approval.
(b) You shall submit to the clerk of this court your subpoena, forthwith, will assign the server of your subpoena to the witnesses in accordance with Section 19(a) of this Rule.
(c) 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 than the information of the prosecutor or investigator.
(43) 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 for your convenience.
(44) 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 in Section 17 of this Rule, upon proof or evidence that you have validly served such witness with your subpoena.
(45) (a) 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-15 or Form GJ-16, as the case may be, in Section 17 of this Rule 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.
(b) You must present at least two (2) witnesses to prove your indictment for perjury or obstruction of justice against the subject witness; or
(c) 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 provided with another SIDN as a witness by registering such member in your Form GJ-31 in Section 17, of this Rule;
(46) You must allow no lawyer, member of the media, or anyone to appear with the witness in your investigating room. If such lawyer or anyone else 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 against such attorney or any such other person for obstruction of justice using prescribed Form GJ-16 in Section 17 of this Rule, for that purpose.
(47) (a) 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.
(b) 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.
(48) (a) 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.
(b) You must see to it, and demand, that your room is not being tapped with illegal surveillance or bugging devices.
(c) Other than a witness you have summoned for questioning, you must absolutely disallow anyone else to enter your room without your prior summons or subpoena.
(49) (a) 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.
(b) 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.
(c) 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 legislative district over which you have jurisdiction to act in accordance with Article 2, Section 1, of the Constitution.
(50) (a) 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.
(b) 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.
(51) Conducting your first interrogation of a witness-
(a) 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.
(b) 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.
(52) Procedure in the interrogation of your witness:
(a) Prepare by filling in your Form GJ-12, interrogation form and witness appearance form, Section 17, Rule 2, of this Rule.
(b) Consult the prescribed interrogation form, Form GJ-38 in Section 17, Rule 2, of the JSR and follow the instructions in that form to conduct your interrogation of your witness.
(c) All of you must memorize at heart the instructions in the said form. Familiarize yourselves of all the grand jury forms. Consult the Table of Criminal Jury Instruction, known as “CrimJI”, found in “Appendix A” at the end of the Rules of the Jury System.
(d) A Rule Book containing the entire Jury System Rules including Appendix “A” and “B” by the end of today's session will be furnished by the Clerk of this Court to your foreman.
(e) 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.
(f) Beginning on Monday, next week, with the help of the clerk of court, I instruct you to advertise, using Form GJ-9, to invite anonymous crime informants to submit secret crime reports of the particular crime you wish to investigate.
(g) 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.
(h) Proceed to Form GJ-38 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)
(53) (a) 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.
(b) 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.
(54) A crime suspect may be charged with different crimes or type of crimes. Take note of the “Count Number” in the indictment instructions in the CrimJI of Appendix “A”.
(a) In the event where the crime suspect is criminally liable for different crimes. you must follow the indictment procedure in the next following Instruction No. (55.)
(b) In a crime where the suspected offender may have enriched himself, you must consider further investigation and indictment for tax evasion crimes.
(c) You may refer to taxation laws among which, but not limited to, Republic Acts 7642 and 8424. You may issue a subpoena to a tax accountant to seek professional advice, at government expense, prior to your filing of your criminal indictment for tax evasion.
(d) 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.
(55) 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."
(56) Elements of Probable Cause -
(a) A probable cause of the crime exists when you have found a basis or ground which lead you to reasonably believe that the suspected offender is guilty of the crime.
(b) 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.
(d) 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.
(e) 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.
(57) 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.
(a) Review the transcript or rehear the tape recorded testimony of the witness;
(b) Reexamine all pieces of evidence or documents in your possession relating to the case and how the witness has obtained them;
(c) 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.
(d) 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.
(e) 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."
(f) IMPORTANT: Consult Form TJ-121, for the Table for Criminal Jury Instruction, beginning with Instruction No. 500, for guidance in determining the correct elements and definitions of the crime you intend to charge the accused with.
(g) The prosecutors and judges are required to show those elements to the trial jury to prove your accusation against the accused crime offender.
(h) 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.
(i) Your foreman should solicit arguments from the members of each opposing groups by asking specific questions in the following manner:
(j) 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 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.
(k) 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.
(l) 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.)
(m) 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-14 or Form GJ-17 in Section 17, of Rule 2.
(n) 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.
(o) 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, 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.
(p) 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.
(q) You must use prescribed Form GJ-13 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 the suspected offender.
(r) 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 write your indictment on Form GJ-14, GJ-15, or GJ-16 (as the case may be) in Section 17 of this Rule;
(s) If, instead, you arrive at with at least 14 "no" votes, then you shall prepare your Grand Jury Memorandum of "No Indictment" on Form GJ-17 in Section 17 of this Rule. 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.
(t) 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.
(58) The filing of your indictment in court shall be conducted confidentially. You must summon the clerk of court to come to your grand jury room to receive for filing the indictment which the clerk shall stamp to confirm its filing. Consult Section 5(o) and Section 5(p) in Rule 1 of the JSR and use Form GJ-40 in Section 17 of Rule 2. The court filing stamp with the proper date must be stamped both on the original copy of the indictment submitted to the court and on a photocopy or carbon copy as file copy of the Grand Jury. You must use the appropriate prescribed indictment Form GJ-14, GJ-15, GJ-16, as the case may be, in Section 17 of this Rule.
(59) After presenting your indictment in court, you must submit any pertinent exhibits on a case to the Clerk of this Court and listed on the exhibit list form prescribed on Form GJ-18, in Section 17 of this Rule who will turn over such exhibits to the proper prosecutor for the case. After you have filed your indictment in court and have submitted your exhibits to a government prosecutor, through the clerk of court, your grand jury job on the case is completed. The stamp date of the filing with the Clerk of Court of your indictment must be within the period of your term of service to make the indictment valid.
(60) Instruction for secrecy of investigation versus exceptional notification to the crime suspect:
It is imperative that your criminal investigations be conducted secretly and strictly confidential.
(a) The purpose of this secrecy rule is (a) To prevent the crime suspect from becoming a fugitive from justice;
(b) To protect the constitutional innocence of the crime suspect from trial by publicity;
(c) To prevent the suspect or victim or their respective 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 their followers.
(e) 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;
(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 prosecutors and private investigators from illegal or unethical interference, threats, harassment, or physical harm from highly armed or powerful or wealthy elements of society; and
(h) To encourage potential crime informers and whistle blowers to secretly report to the grand jury any criminal wrong doings in their workplace, neighborhood, organizations, and grafters among circle of friends.
(i) Exceptional notification to suspect prior to filing of 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 wherein 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-35 in Section 17 of this Rule.
(j) You may likewise notify the suspect using Form GJ-35 in Section 17 of this Rule 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 suspect by the accuser.
(61) 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.
(a) 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.
b) 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-25 in Section 17 of this Rule and 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".
(62) 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.
(a) 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.
(b) You have the power to file an indictment for obstruction of justice on prescribed Form GJ-16 in Section 17 of this Rule 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 for the suspected offender, or to impede or in anyway frustrate the conduct of your official business or investigation.
(c) You have the discretion to ignore the intermeddler or file outright an indictment for obstruction of justice or with any other appropriate indictment against him if the interference is accompanied with violent act, threat of force, threat of physical harm or death against any of your members or member of your families.
(63) You are entitled to a compensation equal to an amount specified in Section 16 of this Rule. Your compensation will be paid in the form of a voucher prescribed in Form GJ-26 in Section 17 of this Rule which 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 injury, or in case of death your next of kin, are further entitled to an indemnity regardless of fault of injury or death.
(64) You are entitled to police protection. You may ask by the use of Form GJ-27 in Section 17 of this Rule through your foreman for such number of uniformed personnel as you may need for your protection from the Philippine National Police command who has jurisdiction in your Grand Jury District of which your foreman shall have joint supervision over such uniformed personnel.
(65) 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 benefits you are entitled to by this Jury Rule or injury or death indemnity or pension benefits by virtue of your retirement.
(66) 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.
(67) In crimes of bribery, you must indict or file criminal indictment for bribery against the recipient of the bribe if the giver or offeror is a private citizen. If the giver of a bribe is a private citizen, you may offer in writing using prescribed Form GJ-20 in Section 17 of this Rule to exempt or immunize such giver or offeror of the bribe from prosecution for bribery under the condition that he shall testify against the recipient of his bribe. Should the giver or offeror of the bribe refuse to testify, you shall file an indictment for obstruction of justice against such giver or offeror using prescribed Form GJ-16 in Section 17 of this Rule even if you may be unable to file an indictment for bribery against the recipient.
(68) If the bribe giver or offeror is a public official and the recipient of the bribe is likewise a public official, you may offer in writing using prescribed Form GJ-21 in Section 17 of this Rule, to exempt the recipient from prosecution for bribery under the condition that such bribe recipient shall testify against the giver or offeror of the bribe. Should such bribe recipient refuse to testify, you shall charge the bribe recipient for the crime of obstruction of justice using Form GJ-16 in Section 17 of this Rule.
(69) 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-16 in Section 17 of this Rule.
(70) 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.
(71) 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 and to present an indictment in court against the suspected offender if warranted by your finding of probable cause.
(72) In preparing your indictment, you may refer, but not limited, to the following laws:
(a) Presidential Decree Number 1829 as Amended;
(b) Republic Act 386, Article 3, of the Civil Code;
(c) The Revised Penal Code of the Philippines, Act 3815;
(d) The Anti-Graft and Corrupt Practices Act, Republic Act 3019;
(e) The Crime of Plunder, Republic Act 7080 as amended.
(f) The Anti-Money Laundering Law, Republic Act 9160; and
(g) Government Procurement reform Act, Republic Act 9184;
(h) 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.
(i) To write your indictments, go to Appendix “A” at the end of this Jury System Rules, and locate the “Table for Criminal Jury Instructions,” referred to in short as the “CrimJI” which you will find as Appendix “A” to these Jury Systems Rules.
(j) You may visit the e-library of the Supreme Court web site by clicking this link in the Internet: Supreme Court Library.
(73) 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.
(74) For the purpose of unifying the people in the country to prevent lawlessness in any form, you may proceed with your action in the following manner:
(a) You may investigate a crime in another jury, 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, of the people and finances of the government in your own district or the district where such crime has occurred.
(b) 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 pursue the matter until it has filed its indictment in court over the said matter.
(c) 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.
(75) You have the power to issue a subpoena or subpoena duces tecum 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.
(76) You shall execute a written note on Form GJ-47addressed to the Executive Judge stating that you have spent time for consultation with a professional consultant and indicate the length of time of your consultation to allow him to obtain compensation for his legal or professional services to the grand jury.
(77) Forgiving and Purgatory Grand Jury Instruction:
(a) Forgiving Instruction: Section 5(b), Rule 1, of the Rules of the Jury System has forgiven grand jury indictment of a public official from offenses of bribery he has committed prior to the enactment of the Jury Systems Law.
(b) Crime offenders of electoral fraud or terrorism, murder, robbery, arson, chastity crimes, and other crimes that violate human rights.
(c) Purgatory Instruction: If such public official continues to commit such offense after the Rules of the Jury System took effect, you have the purgatory power to indict such official for offenses committed both prior and after the Jury Systems Law has taken effect.
(d) Offenders of government graft and corruption crimes who continue to keep the fruits of their crimes such as real or personal property including money bank accounts locally or in foreign countries after the jury systems law has taken effect shall remain liable for grand jury secret investigation and indictment.
(78) Your power to secretly investigate serious crimes shall extend to other different districts in the country as follows:
"(a) You shall file your grand jury indictment in own district over crimes committed within your district. No overlap of jurisdiction shall necessarily void your investigation or indictment over a crime investigated in another grand jury district.
(b) The Grand Jury People Unity Clause - You shall serve as a unifying body of the people around the country to prevent lawlessness in any form. (1) You may investigate a crime in another congressional district of any province or city 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, of the people or the finances of the government in your own district. (2) If you are investigating a crime involving the same offender or offenders, that is being investigated by another grand jury of another district, whichever between the two grand juries which have taken prior action to investigate said crime shall have the right to pursue the matter until it has filed its indictment in court over the said matter.
(c) 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 if, in your opinion, no fair trial of the case may be obtained in the district where the alleged crime was committed.
(d) A resident of one grand jury district may send his complaint anonymously relating to a felony regardless of whether he is a victim or not committed in his district to you even though your district location is different from grand jury district where the complaining resident resides and when it appears that the grand jury in his district is taking no action to investigate the said felony.
CERTIFICATION BY THE INSTRUCTING JUDGE
I certify under my official oath that I have personally read to the Grand Jury the foregoing instructions this ______ day of _____________, 20___ without any deviation to the said instruction. I further certify that each member 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 finally certify that I have provided each member of said Body in booklet form the entire copy of the Rules of the Jury System.
Printed Name: _____________________________
Official Title: Executive Regional Trial Judge"
End of the Form For the
Grand Jury Standard Instruction
NOTE: Until the Jury Systems Law is finally enacted and has taken effect, amendments to this Grand Jury Standard Instruction shall continue to be introduced for further improvement. Some paragraphs, or phrases may have to be deleted for duplication or because of error/s.
To be honest, Marlowe Camello, the author of this work, is just an ordinary guy, neither bright nor bobo. May kaunting utak lang. He is inviting the most brilliant lawyers of the land so that their eloquence shall be reflected in this very important law. This is why he is requesting all Filipinos to help in drafting this proposed law. Kasama na diyan ang da good, da bad, da beautiful and da ugly, and all those in between to make this law a perfect law for all of us.
Atty. Camello is wishing that this proposed law be enacted soon, before the end of his twilight lifetime, so that he can help in the drafting of its IR&R aka: "The Jury Systems Rules". He already has a draft for it but it still requires reediting because of the many new provisions of the draft law specially the sectional and paragraph references as well as its prescribed forms. Many of those references no longer points to their intended references because of so many changes or amendments to the proposed law since its original drafting.
Having drafted himself the proposed jury systems law, he would be able to find easily those references for repointing to their intended provisions and the prepared forms that could fast track in preparing the needed "Jury Systems Rules" or Implementing Rules & Regulations.
Putting in place the Jury Systems Rules promptly will enable the Filipino people to speed up in rolling the wheels of Philippine justice and make the Philippines and the Filipino People truly great again.