What is a Jury System?

Worldwide Philippine Jury InitiativeAcknowledgements

Worldwide Philippine Jury Initiative wishes to thank: -From this University

The University President,The Student Affairs Dean

The Student Organization Leaders

The Chairperson of the Office of the President Commission on Higher Education

Dr Patricia B Licuanan

Worldwide Philippine Jury Initiative

THE SOLUTION TO OUR COUNTRY’S PROBLEM IS THE ADOPTION OF THE JURY SYSTEM WHICH WAS OMITTED FROM OUR CONSTITUTION BY THE COLONIZERS.

OUR POLITICAL ELITES THEN CONTINUED ITS OMISSION WHICH OUR CURRENT ELITES AND LEADERS HAVE ACCEPTED.


WELCOME TO YOUR FIRST LECTURE ON JURY

SYSTEM FOR FILIPINOS 101


JURY SYSTEMFOR THE FILIPINOS

For a Righteous

&

Just PHILIPPINES


What is the Jury

System?And why do we need it?An overview?


Here is a reality check of our time!

“ITO ANG AMING PANAHON”

as sung byRey Valera


For decades we have been locked into an ever growing circle of _

POVERTY & CORRUPTIONand more recently we can add...LAWLESSNESS & CRIMINALITY!

What have we done about it?


We keep finger pointing, blaming our leaders for our

country’s failure.But are they the only ones

at fault?


Missions of Truth Versus Tentacles of CorruptionGLIMPSES

by Jose Ma. MontelibanoOur country demands from us, from all of us,

a personal contribution to nationhood. Corruption prevents a sense of unity, keeps

people and sectors apart, exploiters here, victims there.

Governance is not just about them up there; it is truly more about you and me

down here.


It is necessary that we change our attitudes and habits too!

This is hard to do.It is like asking a smoker to stop smoking

or an addict to stop using drugs.

But do not lose hope. We can do it!


What Solutions Have We Tried?We have tried changing the Political System.

Presidential Parliamentary Dictatorial


We have voted for politicians we thought would govern us well.

We have tried governance byPresidents who are Saints.

We have tried governance byPresidents who are Sinners

We have tried governance byPresidents who are in between.


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Here are some leading politicians from the last ten or twenty years. Have they changed our country much for the better?


Neither changing the political system nor our political leaders worked.

What else have we not changed?

Our JUDICIAL SYSTEM


Why do we have to change our judicial system?

“If we keep doing what we have always been doing, we will keep

getting what we have always got.”For 6 decades, the present judicial system only requires a

singular judge to decide on serious criminal cases.This system was abused by the rich and powerful. Justice was only for the rich and powerful who can buy justice and the criminal enforcers who will do their dirty job for them.

The results of the present system are: graft and corruption, lawlessness, poverty and exploitation of the Filipino people.


Why don’t we just ask CONGRESS to change or add some laws and hope they will not mess them up like what they did with PDAF, Fertilizer Scam and many more?

Can we still trust them?

NO, WE CAN’T !


What constitutional mandate gives the Filipinos the power to change the Judicial System without the

consent of congress?

“The Philippines is a Democratic and Republican state. Sovereignty resides in the people and all government

authority emanates from them.”

As a Democratic country, we the people are given the right to one and only one vote. This is the right that we sell to predatory candidates who have mastered the art

of fooling the Filipino people all the time.

Article II Section 1 of the Constitution states that:


As a Republican country, we have two (2) more votes to spare:

The right to vote through a GRAND JURY and

The right to vote in a TRIAL JURY.

Therefore, Article 2 Sec 1 of the constitution empowers the people the

right to a Jury System.


How do we know this?Our constitution is based on the American constitution which has the Jury System as the fundamental principle in their constitution , that is_ “to judge and be judged by their own peers”.

However, the Jury System was omitted when our colonisers set up our constitution in 1902.



Omitted USA Bill of Rights (1789) From Philippine Organic Act (1902)

No person shall be held to answer for a capital, or otherwise infamous crime, unless a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia.

In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, by an impartial jury of the State and district.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.


What was the result of this omission?

Our Constitution is like a jigsaw puzzle which cannot be completed because of a missing piece. It,

therefore, cannot function well.A better analogy is a person with a missing front tooth.


At first, only our self-confidence is affected. In time, the gum structure near the missing tooth weakens and

other teeth start falling off.Our self-confidence is ruined and even our health.

It is much like the running of our government now.Its parts are breaking up _ like the Senate and the Congress!


What must be done to solve our constitutional problem?

The Adoption or Implementation of the JURY SYSTEM.


• It is a judicial process where a group of ordinary people are called by law to decide legal cases brought to trial.

• It is a form of service to your country.

What is the Jury System?

Components of a Jury System are:

• GRAND JURY• TRIAL BY JURY


The Grand JuryComposed of 23 college graduates called JURORS;They serve for only 6 months and then are replaced by another 6;Jurors are chosen by lottery and they remain anonymous.They have the deciding power to:

Secretly investigate if a probable cause exists, andAccuse serious crime offenders directly in court without government

permission. They decide with a fixed majority rule by secret ballot. They must decide in 45 days if a crime has been committedSeveral Grand Juries will be formed in cities and provinces.


The Importance of a Grand Jury in a Justice system

It prevents politicians and powerful public officials in interfering with the decision of the Grand Jury to indict high profile crime offenders. CAN THE OMBUDSMAN, COA, NBI, Lawyers, A SENATOR and CONGRESSMAN be in the GRAND JURY? NO!

They are not appointees of any public official and do not rely on a pubic official for their jobs.

They have the power to indict any person for Obstruction of Justice, regardless of power or authority for interfering with its functions as well as the function of the judges, justices, trial juries, prosecutors and public officials in charge with the administration of justice.


Most importantly, they can indict any politician or powerful public official like the PRESIDENT OF THE COUNTRY (past or present).

Those who have served for jury service (grand or trial) will become examples and teachers to their own family members, friends and neighbors.

This will gradually lead to our political maturity and sophistication.


The Trial JuryIs composed of 12 ordinary citizens, at least 21 years old, of average intelligence, who are randomly selected from the electoral register to participate in deciding the guilt or innocence of the accused in serious criminal cases. Their decision is final! POSTPONEMENT is not allowed!

They do not have to be professionals. The sitting jurors should be educated enough to be able to process simple facts. They are also called JURORS.

They shall be presided, supervised and protected by a judge but the judge shall not participate to discuss or decide a case with the jury.


The Presiding Judge… 1. enforces order in the court; 2. rules on the admissibility of evidence; 3. educates the jurors on the laws involved in the case

and how to serve in the jury; and4. sentences the accused if found guilty.

He does not participate in the decision making.

ROLE OF THE COURT JUDGE


THE DIFFERENCES BETWEEN OUR PRESENT SINGLE-JUDGE SYSTEM & THE JURY SYSTEM

Same as today. GRAND JURY of 23 highly educated, ordinary

citizens investigates secretly if there is probable cause.

If there is, the Grand Jury charges the suspect court. A TRIAL JURY of 12 ordinary citizens who can read

and write and can process simple facts, at least 21 years old is formed. They decide the guilt or innocence of the accused.

Their decision is final. The Judge sentences the accused as prescribed by

law. THEY REMAIN ANONYMOUS.

Preliminary Investigation is done by: the police, NBI, BIR, Ombudsman and other government agencies.

Fiscal or Judge decides if probable cause exists. If there is, the suspect is charged.

Judge decides if the accused is guilty or innocent. If guilty, the Judge sentences the accused. Judge writes a justification for his decision. He is known to everyone.


What are the effects on our culture of having a JURY SYSTEM?

It gives sovereignty to the people. It shifts power to the people It gives the people the responsibility to execute the laws of the land. It instils the habit of judicial mind into every citizen, and those habits

prepare people to be free. It encourages respect for the courts’ decisions and the idea of human

rights to all. It teaches people equity in practice, i.e., anybody can sue or be sued

by their own peers. It teaches each individual not to selfishly avoid responsibility for his

own acts, without which, no political virtue is possible.


Mga Benepisyo ng Jury System

Ito ay nagbibigay kapangyarihan sa mga ordinaryong Pilipino na patakbuhing ang hustisya sa pamamagitan ng pantay-pantay na paghatol sa mga nagkakasala.

Sapagkat sila tayo ang mga hurado, ang bayarán (bribery) o pananakot (coercion) ay hindi na magaganap.

Ang mga seryosong criminal na kaso ay mabilis na nadidisisyonan. Ang mga kaso ay maaaring tumagal mula sa tatlong araw hangang dalawang taon lamang. Maaari lamang ikulong and isang akusado kung ito an napatunayang may sala.

Ang panloloko, pandaraya at pandarambong ng mga tauhan ng gobyerno ay mahihinto dahil sa ang sinumang mahuli at mapatunayang nagkasala ay maaring makulong o ma-fine or both.

Ang mga kasong “Land grabbing” ay mabilis na maiimbestigahan at madidisisyonan. Pagkakaisahin nito ang mga Kristiano, Muslim at mga Etnikong grupo na magkakasamang magiging

hurado sa anumang kaso. Ang corrupt na pagkatao ng mga Pilipino ay maiiba tungo sa makatarungan at pantay-pantay na

hustisya. Maipagmamalaki nila na sila ay Pilipino na may lahing Maharlika.


What gives the people the power to adopt the Jury System?

1. Article VI Sec. 32 of the Constitution _The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten percentum of the total number of registered voters, of which every legislative district must be represented by at least 3 per centum of the registered voters thereof.


2. Republic Act No. 6735 also known as _ Initiative and Referendum Act:“The power of the people under a system of initiative and referendum to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances or resolutions passed by any legislative body upon compliance with the requirements of this Act is hereby affirmed, recognised and guaranteed.


THEREFORE, as affirmed, recognised and guaranteed by RA 6735,

We are invoking Article VI Sec. 32 of the 1987 Constitution and enact a

NATIONAL JURY SYSTEM ACT.


How are we going to do it?

1. Ask around 7M Registered Voters to sign a PETITION FOR THE ENACTMENT OF A NATIONAL JURY LAW.

2. Submit to the COMELEC the “Petition” who will certify that all requirements were met.

3. Within the prescribed time, COMELEC will hold a REFERENDUM asking all the registered voters (around 50M) if they are in favor of the Jury System or not.

4. If majority of the voters are in favor, then NJL is enacted and will be followed by its implementation by the Supreme Court.


What must we do now?

• Be an active member and/or donor.• Educate our friends and relations about

the Jury System System by reading www.philippinejury.com and www.the-filipino-people.com.

• Set up discussion groups or affiliates• Spread the news to your family and

friends and drum up support for the adoption of JURY SYSTEM.

• Encourage the people to sign our petition and join our SIGNATURE CAMPAIGN!

Worldwide Philippine Jury InitiativeSIGNATURE SHEETS

The Petitioners propose to adopt a National Jury System Act to make the country’s law enforcement efficient, effective and swift. Juries shall be of two types: Grand Jury (GJ) and Trial Jury (TJ). The GJ shall secretly investigate and accuse serious crime offenders directly in court without government permission. It shall consist of 23 members, all college graduates. The TJ shall consist of 12 members, at least 21 years old, of average intelligence, to decide guilt or innocence of the accused; presided, supervised and protected by the judge who shall not participate in discussing or deciding the case with the jury.

NAME OF REGISTERED VOTER

/PETITIONER(Last Name, First Name,

and Middle Name)

SIGNATURE

ADDRESS(Baranggay, Municipality, City

Landline / Cell Phone Number)

DATE OF

BIRTH

1

2

3

4

5


Our country needs both Good Governance and a Jury System.

We can have them if we:

UNITE and INVITE other patriotic groups to join us,

GET WHAT WE WANT andTRULY LOVE OUR COUNTRY.


Quotable quotes:“If you want peace, work for justice.” _

Pope Paul VI

“Justice begets peace, and peace begets prosperity and unity.” _

Anonymous

What is in it for us?


“If My people, who are called by My name, will humble themselves and pray, and seek My face, and turn from their wicked ways, then will I hear from heaven, and

will forgive their sins, and will heal their land.”

BOOK 2 CHRONICLES 7:14

What the Bible says?Open your mouth for the mute, for the rights of all who are destitute.

Open your mouth, judge righteously, defend the rights of the poor and needy.PROVERBS 31:8-9

Take no part in the unfruitful works of darkness, but instead expose them.EPHESIANS 5:11


In the coming election use your one vote wisely.

Ask the candidates if they are in favour of a Jury System for Filipinos:

If they are not, then they do not wish to change for a righteous and just Philippines.

They don’t want you to keep a check and balance on what our leaders do.

If they say that they want to delay their decision because the Congress has to amend the Constitution, tell them that the Peoples Initiative to have a Jury System does not need the approval of Congress.

We are their bosses. They should do what we want – and we want a Jury System.


You have just received YOUR FIRST

LECTURE ON JURY SYSTEM FOR FILIPINOS 101


About the AUTHOR OF THE NATIONAL JURY LAW

Atty Marlowe Camello He is a registered member of the Philippine Bar and took

his Philippine Lawyers’ Oath before the Philippine Supreme Court in March 4, 1968;

He was admitted to the California Bar in April 25,1979 and was an active law practitioner of the California State in the USA;

Was born in Malaybalay, Bukidnon in January 17, 1935.


The Chairman of Worldwide Philippine Jury Initiative (PH) Inc. is:

DAISY ARCILLA BRETT-HOLTemail: [email protected]

0998 563 8144, 0906 317 2424, 294 9994

Other Contact Persons:Hilda Fontelar-Gaurino [email protected] 0906 372 2690, 0998 171 7602Raymond Cabarles [email protected] 0917 899 9166 (for Visayas & Mindanao)Nestor Siguitan 0946 865 0447

mailto:[email protected]

mailto:[email protected]


Do not be a bystander!Join us.

Contribute in funding the collection of 7 Million Signatures and Sign our petition for a National Jury Law.

To Donate and know more about us. Go to www.philippinejury.comDeposit/Transfer Money To:

NatWest, Camberley, WPJI Account No 60 22 03 – 62612387 OR

BDO, Pasig, Worldwide Philippine Jury Initiative (PH) Account No 7890029079.


Let us all stand and sing our prayer to our Lord God, the Father, to

HEAL OUR LAND.


Mabuhay ang Pilipinas!It is the only one we have.

Thank you for listening.

Government & Nonprofit

What is a Jury System?