1 Catbalogan City Jury Law Initiative Article X

CATBALOGAN CITY JURY LAW INITIATIVE

ARTICLE X

IMPLEMENTING AUTHORITY FOR THE JURY SYSTEM

Section 1. The Entity known as the “Catbalogan City Jury Management Authority,” also briefly named as the “CJMA” has been created under Article VI of the Catbalogan City Jury Law Initiative. Its additional attributes and powers are as follows:

(a) Composition - It shall be composed of nine (7) members consisting of two (2) Regional Trial Court Judges; one (1) Municipal Trial Court Judge; two (2) City Prosecutors; one (1), the President of the local chapter of the Integrated Bar of the Philippines, as members; and the most senior Executive Judge in Catbalogan City as chairperson. Its members shall be nominated from, and elected by, the regional and municipal trial court judges, and the prosecutors office, respectively, of the City of Catbalogan. The President of the Local Chapter of the Integrated Bar of the Philippines becomes an automatic member of the CJMA.

(b) Location - The Court Room of the Executive Judge in Catbalogan City shall be the seat of office of the CJMA.

(1) To promulgate the implementing rules and regulation of the Grand Jury and Trial Jury Systems;

(2) To supervise trial court judges in the enforcement of the rules of Jury Trials;

(3) The Executive Judge, with the assistance of his Clerk of Court, shall be the sole authority in supervising the formation of the Grand Jury systems for the entire city and shall

1 enforce the strict confidential policy in the recruitment of the members of the Grand Jury once every six (6) months from January to June and from July to December each year. He has no deciding role in the Grand Jury operation, except supervision in organizing this Body once every six months. On the drawing date and time to select the grand jurors, all Raffle Bins containing grand jury membership applications from different grand jury districts shall be brought into the court room of the Executive Judge and kept separated by Grand Jury District number to maintain the Grand Jury location where the applicants wish to serve.

(4) To prepare the annual budget to finance the operation of the Jury Systems and to submit the same to the City Council of Catbalogan City within the customary annual time frame required by said Council. Any budgetary allotment relating to the creation and maintenance of the Jury System shall be reflected in the books both of the CJMA and the City Government of Catbalogan City with the same account name as “Jury Fund”.

(5) To establish the additional amount of compensation of the officials and other staff members of the Catbalogan City Jury Management Authority as an incentive of operating the Jury Systems in consultation with, and approval by, the City Council of Catbalogan City.

(6) Upon approval of this Jury Law by the People of Catbalogan City as a public initiative, the CJMA shall promptly establish its Table for Criminal Jury Instruction and its Table for Civil Jury Instruction. It shall use the following sample forms in preparing such instructions:

Form TJ-121 for Table For Criminal Jury Instruction; and Form TJ-126 for Table for Civil Jury Instruction.

The said forms can be viewed in the following web site:

http://www.the-filipino-people.com/TJ-Table-Of-Forms.html

2 Section 2. Creation of Reserve pool for pro-temp presiding jury trial judges and community deputy prosecutors with supervision by the CJMA -

(a) The CJMA shall require each trial court to create separate reserve pools for volunteer lawyers to serve as pro-temp presiding jury trial judges or community deputy prosecutors, respectively, with pay from among private practicing attorneys who have been engaged in the practice of law for at least three (3) years to ensure availability at all times of the required service of presiding jury trial judges and prosecution attorneys to prevent delay in the administration of justice. Their names shall be drawn by lottery from among applicants. The CJMA shall set up a standard uniform durable form for this purpose, separately: One for the application of pro-temp presiding judges, and another for community deputy prosecutors. A durable form is a document in which its terms and condition cannot be amended or modified by the applicant.

(b) Each trial court, and prosecutor’s office, respectively, shall set up separate lottery bins for this purpose wherein an applicant shall drop in his application at any time and shall be ready for drawing of his name. Once he drops in his application in the lottery bin, he shall be bound to report for service. If he shall decline to accept his assignment, it must be based on a life threatening situation or if any party to the case at hand is his client and his written notice to decline to serve shall have been received by the presiding judge, or prosecutor’s office or his clerk, at which he is called to serve not later than three working days prior to the date he is required to serve, otherwise he shall be liable for disciplinary action for failure to honor his commitment to serve.

(d) The formula to determine the compensation of the pro-temp presiding jury trial judge and community deputy prosecutor, computed on a daily basis, shall be based on the annualized pay of a newly appointed regular judge or provincial or city prosecutor divided

3 by two hundred fifty days.

(e) In the event that a defense attorney who shall appear in court and willing to serve and defend a criminal defendant on short notice within 3 days before the commencement of a jury trial, or when ordered by a Jury Presiding Judge to defend the criminal defendant, his fee shall likewise be paid by Catbalogan City Government at the rate as determined in the foregoing sub-paragraph (d) of this Section.

Section 3. The CJMA shall have the power to create positions for jury commissioner in trial courts who shall have the duty and power to serve summons for jury duty to citizens and to prepare such citizens ready for empanelling for jury service provided that a cluster of trial courts regardless of hierarchy or jurisdiction shall be serve by the same jury commissioner. It shall further have the power to create a position for trial jury interpreter in each trial court to serve during a jury trial who must be proficient in speaking both the English language and the local vernacular commonly spoken and understood by the trial jurors on duty.

Section 4. Proceeding the case for jury trial:

(a) Within thirty (30) days, excluding Saturdays, Sundays, and Holidays, following the arraignment of the accused, a pretrial conference shall be held upon motion by the court or by the prosecutor or by the accused to set the firm date of the trial. The farthest estimated period to prepare for trial not exceeding three months if the accused is detained, or six months if such accused is free on bail, starting from the pretrial date presented by either party shall be the basis of setting the firm trial date (FTD) of the jury trial. The jury trial shall be continuous from day to day with no recess longer than 3 days shall be allowed. If the cause for continuance is life threatening to the accused, his personal appearance in court shall be excused and the jury trial shall proceed with the presence of his defense counsel. If he is not represented, a presiding judge of the jury shall appoint a competent counsel for the accused at government expense who may be drawn from the pool of the Community Deputy Prosecutor, or from a Public Attorney’s Office .

4 (b) The case shall be dismissed without prejudice of refiling by a government prosecutor if the prosecution is unable to proceed to trial or the prosecutor presents an affidavit of desistance allegedly signed by a victim. In such event, the presiding judge shall have the mandatory duty to refer in writing within thirty (30) days from the date of the dismissal of the matter to the grand jury for investigation of any cause or act of obstruction of justice by the prosecutor or defense counsel for presenting a procured affidavit of desistance allegedly from the complaining witness or victim of the crime to determine whether the witness have been unduly pressured or coerced by any person to sign the same.

(c) If the presiding judge fails or refuses to report the dismissal of the case to the grand jury of his mandatory duty in the foregoing Subsection (b), any party to the case or any member of the media or person may report both the prosecutor and such judge to the grand jury for investigation and indictment for obstruction of justice.

(d) If the continuance of the jury trial is sought on the basis of a life threatening medical emergency with the issuance of a medical certificate of incapacity of any one involved in a jury trial, the act of a medical doctor, orthopedic doctor, chiropractic doctor, internal medicine doctor, cardiologist, physician, or psychologist, of issuing said certificate of incapacity without knowing the prior history of the medical, physical, or psychological, condition of such judge, lawyer, party litigant in said trial for the sole purpose of aiding a judge, lawyer, or party litigant in a jury trial to delay, or obstruct, said trial, shall be liable of the crime of obstruction of justice upon indictment by a grand jury.

(e) If the certificate referred to in the preceding subparagraph (c) shall require incapacity for more than three (3) days of the subject of the certificate from attending the jury trial, the issuing doctor, physician or psychologist shall be required to attend in person before the court to explain the basis of the issuance of his certificate of incapacity to delay the jury trial. Should he refuse to attend in person, he shall be charged for obstruction of justice by a grand jury.

5 (f) Anyone seeking issuance of a medical certificate of incapacity shall be made in writing and must attach a certified photocopy of the preceding provisions (c), (d) and (e) of this section of this Article X of his request for issuance of such certificate with the issuing doctor, physician or psychologist, otherwise such certificate shall be void and inadmissible in court.

(g) In all levels of the trial courts where a jury trial is conducted, a complete stenographic record shall be taken on any of its proceeding by a court reporter or electronic recorder on every case without exception.

(h) If the accused without justification fails or refuses in spite of due notice served on him or on his counsel to attend or participate in the trial after having been previously arraigned and pleaded not guilty to the charge against him, the jury trial shall proceed in his absence pursuant to Article 3, Section 14(2) of the Constitution.

(i) No later than six months from the effective date of this Jury System Law, any and all pending cases in which the accused offender has been charged with an offense punishable by one year or more shall be set for jury trial, moto propio, by the presiding judge of the court in which said case is, or cases are, pending and shall proceed subject to the same provisions from sub-sections (a) through (h) of this section.

(j) At the pre-trial conference to set the FTD, it will be the responsibility of the prosecution to name his CDP to take over the case in the event of a life threatening situation shall befell on him during the trial. At the same pre-trial conference to set the FTD, it will be the responsibility of the defense counsel to name his substitute defense counsel in the event of a life threatening situation shall befell on him during the trial.

(k) If the accused has already been arraigned and a life threatening situation shall befell upon the accused at the outset of, or during, the trial, further personal appearance in court of the accused shall be excused and the jury trial shall proceed in his absence pursuant to Article 3, Section 14(2) of the constitution with the presence of his defense

6 counsel or alternate defense counsel in court. If the accused is unable to ambulate or walk, not agonizing in pain, non-disruptive or free from physical discomfort, his illness is not contagious, and he prefers to be present during the jury trial, said accused shall be comfortably wheeled to the court room in a wheel chair or a wheeled bed at government expense.

(l) Any person, the presiding judge, the prosecutor or defense counsel who shall attempt to intentionally delay the jury trial by misusing the above rule shall be liable for a criminal charge of obstruction of justice upon complaint before, and indictment by, a grand jury, of any citizen who is possessed with the information of a malicious intentional delay of any party to the case under trial. If such person is a professionally licensed person and found guilty for his act of maliciously delaying a jury trial, he shall be subject to disciplinary action for removal of his license to practice his profession. Additionally, such person or party shall be required to pay the expenses of the protracted jury trial including the jurors' fees, the cost of the time of the court and its personnel as well as the expenses incurred by a any party and his counsel, in attending to the trial.

(m) Every person who is under government custody awaiting for ten days or more, Saturdays, Sundays, and Holidays, included, for further proceedings of his case in court and who is not represented by a legal counsel, shall be provided promptly with legal representation from among the lawyers of the Public Attorney’s Office within the legislative district of the court where his case is pending for resolution. If there is no lawyer available in his staff to take care of the case of the detainee, the official in charge of the Public Attorney’s Office shall call for assistance from the district office of the Integrated Bar of the Philippines in his area.

(n) For this purpose, the jail keeper or warden over the detained person referred to in the preceding subparagraph (m) shall have the responsibility to make a report of the names of the unrepresented detained persons under his custody to the court that has jurisdiction over the case of the detainee. Failure of such jail keeper or warden to perform his reporting duties required in this subsection shall be criminally liable for the crime of

7 obstruction of justice upon complaint by the detainee or any close relative or friend of the detainee before the grand jury of his district.

(o) Upon receiving the report of the jail keeper or warden, the presiding judge of the court to whom the report was submitted shall then order the Public Attorney’s Office to secure the legal services by a lawyer to assist the detainee referred to above and the bill for his services shall be born by, promptly paid for, and charged to, the jury funds in the custody of the treasurer or paymaster Catbalogan City upon certification and order of the judge of the court where the case of such detainee is, or has been, pending.

Section 5. The trial jury essentially represents the sovereignty of the people in a democratic civil society. The decision of a trial jury to convict or acquit a crime suspect shall be sovereign similar in concept that requires no explanation from a sovereign electorate when it decides to vote or elect any one whom it chooses to serve as its servant. This concept holds through when the people decide by the grand jury to indict in court a crime suspect or by the trial jury to convict or acquit him.

Section 6. The trial jury shall be guided by a set of a jointly prepared jury instruction between the parties that may be required to supplement the Statutory Basic Jury Instruction referred to in Article VI, Section 3, of the Jury Systems Law with supervision by the presiding judge for issuance to the jury to guide the jurors on how to follow the sequence and to understand the proceedings and the evidence to be presented by each party during the jury trial. Great care should be taken to avoid any violation of the said Statutory Basic Jury Instruction.

Section 7. No juror shall be permitted to impose by force, or intimidation, his will against another juror to vote for or against the conscience of the latter in reaching their jury verdict. However, a juror is mandated to secretly write his vote in his ballot one way or the other, otherwise he shall be subject to contempt of court for his abstention to vote.

Section 8. The jury verdict -

8 (a) The members of a jury shall arrive at their verdict by secret balloting. The arguments or comments of the jurors during their deliberation are mere opinions of the jurors. Their secret votes as written in their jury ballots when summed up collectively shall serve in determining the verdict of the jury. An accused shall be convicted if the total of the guilty votes is 7 or more.

(b) An accused shall be acquitted outright if the verdict is a tie vote of six for “guilty” and six for “not guilty.”

(c) No claim for a hung jury shall be entertained in case of a tie vote without prejudice to the right of the aggrieved party to pursue and to file an appropriate civil action before a proper court of his claim for damages over the alleged criminal act of the accused.

(d) The acquittal in the criminal case shall not serve as a defense in favor of the accused in the civil action against him.

(e) Any person who has been convicted and put to prison to serve his jail term and, in the course of his incarceration, he is subsequently found innocent of the crime he was accused of, such person shall forthwith be released without any condition. In addition to such right of release, he shall be entitled to, and the presiding judge shall promptly order payment, of the compensation for the period of his incarceration in the amount of two/thirds (2/3) of the established minimum wage law in Catbalogan City and computed on a daily basis, excluding Saturdays, Sundays and Holidays which shall be paid out of the jury funds of the City.

(f) If the innocence of such incarcerated person in the immediate preceding sub-section has been established and secured judicially through the jury systems with the assistance of his self-procured lawyer, such lawyer shall be entitled to a contingency attorney’s fee equal to forty five (45) percent of the incarceration compensation money and the remaining portion of such money shall be promptly paid to the imprisoned person PROVIDED that his release shall not be contingent by any delay in the delivery of the

9 payment of his compensation and PROVIDED FURTHER that the contingency attorney’s fee shall not be paid to the attorney until after the said innocent prisoner has already been actually released from prison as witnessed in writing by the presence of his spouse, or closest blood relative and his contingency-paid attorney.

(g) If said person referred to in the foregoing two subsections (e) and (f) is found innocent through his own efforts, no person or attorney shall have the right to share in his incarceration compensation. Should any person, attorney, or public official as defined in any law, shall attempt to take any share of such compensation through any form of deceit or illegal manipulation from the released innocent prisoner, such person, attorney, or public official shall be liable for the crime of obstruction of justice and disciplinary action.

Section 9. General penalty guidelines to reach a jury verdict - The unanimity of verdict of the 12 jurors shall not be required and it shall be the duty of the presiding judge of the court or the same presiding judge of the trial jury to impose the penalty upon the convicted offender in accordance with the guidelines in this section.

(a) A crime offender found guilty by a trial jury shall suffer penalty as imposed by law the imprisonment and fine in their minimum range if the total of guilty votes is 7 to 8 votes; medium range if the total of guilty votes is 9 to 10 votes; and maximum range if the total of guilty votes is 11 to 12 votes.

(b) Within each range, the court shall impose the maximum penalty if the jury finds that the crime was committed with an aggravating circumstance.

(c) Conversely, within each range, the court shall impose the minimum penalty if the jury finds that the crime was committed with a mitigating circumstance.

(d) If both aggravating and mitigating circumstances are found by the jury, the court shall impose the penalty prescribed by law committed by the accused as if neither aggravating nor mitigating circumstance exist in the commission of the crime.

10 (e) In crimes punishable with imprisonment in jail for one year or more, no party shall have the prerogative to choose a trial before a solo judge or a division of the Sandiganbayan, except by pleading guilty or by offering a “no contest plea” by the accused to the offense charged against him prior to the commencement of the jury trial and, in which case, the penalty in the minimum range prescribed by law for the commission of the crime shall be imposed upon him.

(f) In a criminal indictment wherein several counts of crimes have been alleged to have been committed by the accused, the following rules shall apply:

(f-1) If a maximum penalty calls for the imposition on anyone of the counts of crime of which the accused is found guilty, the convicted offender shall suffer the maximum penalty in the maximum range of penalty imposed by law regardless of the number of counts of charges the accused is convicted with;

(f-2) If the accused is found guilty of two counts out of the several counts of crimes charged against him, the convicted offender shall suffer the medium range of the maximum penalty imposed by law of the crime committed regardless of whether the penalty in either of the count of crimes the accused has been convicted for is punishable with the lowest penalty in the minimum range as prescribed by law. If one of the said two counts for which the accused is found guilty is punishable by law with the maximum penalty, in such case, the said maximum penalty shall be imposed upon the convicted offender.

(g) If the total of the guilty jury votes is unanimous, or twelve, with finding of, or more, aggravating circumstance and no, or lesser mitigating circumstance, and the crime committed is punishable by death or life in prison, the penalty of life in prison shall be imposed on the convicted offender with no benefit of an executive clemency or parol regardless of his age or gender notwithstanding any existing law, executive order, or rule, to the contrary.

(h) Unless a specific penalty by imprisonment in this law has been prescribed over

11 a particular act defined as a crime of obstruction of justice, the penalty by imprisonment shall be three years and one day as minimum to five years and one day as maximum imprisonment penalty.

(I) Regardless of the duration, or degree, of penalty imposed in the foregoing sub-section or elsewhere in this Law, the convicted offender shall suffer perpetual disqualification from holding any position or office of the government or government owned or controlled corporation and quasi-government corporation or entity within the territory of Catbalogan City.

(j) Any public official, regardless of title, rank or position, who shall violate the immediately preceding sub-section in appointing, or in recommending to appoint, a public official or employee to a public office or position in Catbalogan City shall likewise be liable for obstruction of justice upon investigation and indictment by a grand jury.

(k) If the convicted felon has been incarcerated while awaiting the outcome of the case against him, the period of time of his incarceration shall be deducted from the penalty imposed by law over the crime for which he has been found guilty by the jury. If he is acquitted of the crime charged against him, he shall be entitled to an indemnity in the form of a compensation equal to two-thirds of the minimum wage prevailing in his district as of the date he has been actually released from detention.

(l) The convicted offender may receive clemency or pardon from the president in good faith for humanitarian reason subject to scrutiny by a grand jury upon complaint for obstruction of justice by any citizen or by the media or member of the media. Clemency or pardon based on political consideration or bribery or of conviction of offenders of serious crimes punishable by death or life in prison upon unanimous verdict of a trial jury shall be void and without effect and shall be ground for investigation and indictment for obstruction of justice against the president.

(m) Clemency or pardon based on political consideration is hereby defined as

12 clemency or pardon with the expectation that the public official granting such clemency or pardon may obtain enhancement of his political standing or for that of a family kin or upon solicitation of a political ally or confederate regardless of whether such grant comes from the recommendation of a parol board, bureau, or commission.

Section 10. Televising the jury trial -

(a) A jury trial may be televised or video taped at the discretion of the judge upon motion of the media provided that its camera shall, at no moment, be focused on the face or faces of a juror or jurors. A person in violation of this prohibition shall be subject to direct contempt of court and the Presiding Judge, on his own motion, may terminate the video taping of the trial and shall further order the impounding of the film of the video tape and the banning of any further broadcast on television or on radio.

(b) If there is a necessity that a jury trial shall be televised to accommodate the needs of the viewing public and there are not enough seats in the court room for use of the viewing public, the presiding judge may order to televise the jury trial upon his own motion or upon motion by any party to the case or by the media.

Section 11. No claim for mistrial in a jury trial shall be entertained before any court of law. If a party is aggrieved by the verdict by reason of fraud, bribery, or illegal interference by any party, the aggrieved party may file his complaint before a grand jury for secret investigation and filing of the appropriate indictment against the alleged responsible party as soon as he gains any knowledge on any of such grounds but not beyond one calendar year from the date the verdict was read in court.

Section 12. Security for the Jury Trial - A jury trial may be held in another jury district outside its normal court location or venue if there is danger that the trial may be disrupted in such location by reason of the poor or deteriorating peace and order condition or due to the possible strong influence of the accused in mobilizing his followers to interfere with the jury trial or to threaten witnesses, court personnel, the prosecutor, the judge, as well

13 as the jurors, in attending the trial.

(a) The jury trial shall be held in a different judicial district or court jurisdiction anywhere in Catbalogan City upon motion by either of the parties or their respective counsels or by the court on its own motion or order where adequate protection for all concerned in the trial can be guaranteed by police authorities.

(b) To ensure the presence of such police authorities, the prosecutor shall serve with proof of service to all parties concerned a written request for that purpose to the Philippine National Police no later than thirty (30) calendar days prior to the commencement date of the trial. If the location of trial is one hundred fifty (150) kilometers or more away from the regular trial court jurisdiction, such notice shall be served by the prosecutor no later than sixty (60) calendar days prior to the commencement date of the trial.

(c) The determination of the trial location shall be decided at the pretrial conference in setting the firm trial date of the case.

(d) Regardless of the location or venue of the trial and it appears that any party to the case may be inviting extraordinary concern or interest from his sympathizers who may cause eminent endangerment to the safety and well being of the jurors, the presiding judge shall order the provision of a safe common shelter for the jurors in an appropriate hotel with food whenever the trial is on recess with police protection for the duration of the trial at government expense.

(e) At the pre-trial conference to set the firm date of trial, the judge on his own motion or upon motion of any party to the trial may issue an order allowing the jurors to wear dark eye glasses to minimize exposure of their identity for their additional protection from any vindictive act of an aggrieved party or from any of his sympathizers. No judge shall prevent a juror from wearing dark eyeglasses on his own initiative in the entire duration of the trial in or outside the court room. No judge shall require a juror to disclose

14 his true name in open court except by requesting the Jury Commissioner privately of his name through his jury identity code which is written in his preliminary juror questioner sheet.

(f) The seating location and arrangement of the seats of the jurors shall be on the separate front and second rows in the courtroom to accommodate six jurors in each row facing the witness chair on the left side of the presiding judge. The accused and his defense counsel shall be seated side by side on a separate front row on the left of the first front jurors’ row. The prosecutor’s seat shall be located on a separate front row in between the defense location and the location of the jurors’ first row seat.

(g) The foregoing seating arrangements shall be such that all public viewers during the trial shall all be seated respectively at the back of the jurors and at the back of the defense and prosecution attorneys.

Section 13. A jury trial shall be absolutely civil in character. Any witness who shall testify in a jury trial shall be required to wear a civilian attire. A witness who is a member of the military or police force shall be barred from testifying in a jury trial unless in civilian attire and without any official insignia.

Section 14. Sealing personal information of the jurors - Promptly after the reading of the verdict of the jury, the Presiding Judge shall order to securely seal the records pertaining to the personal information of the jurors. Such records, once sealed, shall not be opened, except by a grand jury in the event a criminal complaint is filed within one (1) year from the date of the reading of the verdict at issue in open court by an aggrieved party before said grand jury on grounds of fraud, bribery, or illegal interference by any party or any third party.

Section 15. Appeal from Jury Verdict.

(a) An accused may appeal a guilty verdict against him to an appellate court on error

15 of law but not on the finding of facts by the trial jury.

(b) All other aspects of appeal in criminal cases to an appellate court shall follow the same procedures under the current Rules of Court.

Section 16. Accelerated implementation of the Jury Systems Law -

(a) Upon approval of this Law by the people of Catbalogan City, the Executive Judge and his Clerk of Court are hereby mandated to commence the formation of the respective grand jury of their congressional districts. Expenses incurred for this activity shall be presented to the Catbalogan City Government for reimbursement and accounting in the books of said City.

(b) The executive regional trial judge and his clerk of court shall post in a newspaper with general circulation and in their hallway bulletin boards an invitation for grand jury membership applicants upon the approval of the adoption of this Law.

(c) Pending the approval of a formal budget expenditure for the Catbalogan City Jury Law, the executive regional trial judge and his clerk of court shall post in a newspaper with general circulation and in their hallway bulletin boards an invitation for grand jury volunteer membership applicants without pay upon the approval of the adoption of this Law. The acts of the volunteers to secretly investigate and indict in court of suspected crime offenders shall be held officially valid as if they have applied as a fully compensated grand jury membership applicants.

(d) If during the term of service of volunteer grand jury members, the funds for the jury budget is approved by the Catbalogan City Council, such volunteers shall be paid on the date the budget is approved without retroactive effect.

16 (e) The form of the announcement and application for grand jury membership shall conform to the prescribed forms by the CJMA in the implementing jury rules to this Law. The executive judge, his clerk of court and staff members of his court is mandatorily required to refrain from disclosing the names of the applicants for grand jury members regardless of whether he is a volunteer applicant or not. Except in writing his name in his application for submission to the clerk of court or his deputy office staff, the applicant for grand jury membership shall not, at any moment, reveal to any body his true name or family members.

(f) Volunteer Trial Jurors-

(1) Pending the approval of a formal budget expenditure for the Catbalogan City Jury Law, the executive regional trial judge and his clerk of court shall post in a newspaper with general circulation and in their hallway bulletin boards an invitation for Trial Jury volunteers to serve as jurors, without pay or per diem, to decide cases that are scheduled for jury trial in a certain date and time.

(2) Upon appearance of a volunteer juror, he shall be ushered to the JAR (Jury Assembly Room) to sign the JAL (“Jurors’ Appearance Logbook”) and thereupon he shall be provided with the IQS (Impaneling Questioner Sheet), Form TJ-109, for accomplishment. The same procedure and qualification of jurors to empanel jurors for jury service as promulgated in Article IV, Section 1(a) through 1(m), inclusive, shall govern the empaneling of volunteer jury servers.

(3) The executive regional trial judge and his clerk of court shall respectively receive ten percent (10%) additional compensation over their current salary commencing the date of the publication of the invitation for grand jury membership until such time that a standard compensation for their service has been set up in accordance with Article X, Section 1(c)(5) of this Law.

(4) In clustered courts, the trial judges of such courts shall come to an agreement

17 to appoint one of the deputy clerk of courts from among the most senior deputy clerk of court to serve as jury commissioner for all the clustered courts, until they shall have appointed a Jury Commissioner to serve their courts.

(5) In areas where individual trial courts are far apart by two kilometers, their clerk of court shall act and perform the duties of a jury commissioner.

(6) The jury commissioners, clerks of court and the deputy clerks of courts shall have the same powers and duty prescribe in Article X, Section 3 of this Ordlinance. They shall use the forms for summons for jury duty and such other forms for that purpose as prescribed in the implementing jury system rules by the Supreme Court.

(7) Deputy clerk of courts and clerk of trial courts acting as jury commissioners shall receive ten percent (10%) of pay over their current salaries or compensation until such time that a standard compensation for their service has been set up in accordance with Article X, Section 1(c)(5) of this Law.

(8) Any judge and any clerk of court or deputy clerk of court required to perform the duties to accelerate the implementation of the jury systems law shall be liable for malversation of public funds as defined by law who shall collect his incremental pay without prior compliance with his duties in this section.

(9) An existing court trial interpreter shall likewise act as a interpreter in the court where he is currently employed during a trial by jury. If for any reason he shall have been terminated as an interpreter, he shall not be eligible for rehiring in any court unless he shall have passed the examination and certification as a jury trial interpreter required by this jury systems Law.

Section 17. Unless the context of any provision of this Jury Systems Law clearly indicates, the plural shall include the singular, the past and present shall include the future, and the male gender shall include the female gender, and vice versa.

18 Section 18. The Postal Service Personnel serving within the territory of the City of Catbalogan City shall be required to treat any jury mail matter as a registered mail when clearly shown on the face of the mailing envelope thereof as part of its official activity in contributing to the success in the adoption of the Jury System in Catbalogan City.

Section 19. Any person who has been convicted of a serious crime as defined in this Law shall absolutely lose his privilege to run for, or occupy by appointment, any public, or quasi public office in Catbalogan City, including government owned or controlled or quasi- government corporation doing business in Catbalogan City notwithstanding executive clemency or presidential pardon granted to him by the President of the Philippines.

Section 20. Nothing in this Jury Law shall imply the abrogation of the power of judicial, executive, legislative officials of the government in issuing subpoena, subpoena duces tecum, summons and other similar processes.

(Continued to Article XI) http://www.the-filipino-people.com/support-files/12-ct-jury-article-xi.pdf

(CONTINUE OR BACK TO OTHER ARTICLES)

Diagram of the Jury System - Please read first to learn fast the Jury Concept http://www.the-filipino-people.com/support-files/x-jury-diagram.pdf

The Preamble http://www.the-filipino-people.com/support-files/1-ct-jury-preamble.pdf

Article I - Adoption of the Jury System http://www.the-filipino-people.com/support-files/2-ct-jury-article-i.pdf

Article II - Types & Principles of the Catbalogan City Jury Systems http://www.the-filipino-people.com/support-files/3-ct-jury-article-ii.pdf

Article III - The Grand Jury http://www.the-filipino-people.com/support-files/4-ct-jury-article-iii.pdf

Article IV - The Trial Jury

19 http://www.the-filipino-people.com/support-files/5-ct-jury-article-iv.pdf

Article V - Definition of Terms and Compliance http://www.the-filipino-people.com/support-files/6-ct-jury-article-v.pdf

Article VI - Catbalogan City Jury Management Authority http://www.the-filipino-people.com/support-files/7-ct-jury-article-vi.pdf

Article VII - Mandatory Trial By Jury & Exceptions http://www.the-filipino-people.com/support-files/8-ct-jury-article-vii.pdf

Article VIII - Qualification For Trial Jury Membership http://www.the-filipino-people.com/support-files/9-ct-jury-article-viii.pdf

Article IX - Funding The Jury System, Security & Related Matters http://www.the-filipino-people.com/support-files/10-ct-jury-article-ix.pdf

Article X - Implementing Authority for the Jury System http://www.the-filipino-people.com/support-files/11-ct-jury-article-x.pdf

Article XI - Jury Trial Interpreters and Hearing Representatives http://www.the-filipino-people.com/support-files/12-ct-jury-article-xi.pdf

Article XII - Effectivity of the Jury System http://www.the-filipino-people.com/support-files/13-ct-jury-article-xii.pdf