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Name/Location of Court:
Br/Sala:
Name of Judge:
Pretrial Conference date held last:
In Chamber Conference Date:
Firm Trial Date (FTD):
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Form TJ-110C. The LAW & FACT SHEET PATTERN. DO NOT SUBMIT this form to the Jury.
Instead, submit Form TJ-110D as approved in the In Chamber Conference.
For each Case Number under which the accused is charged, type on a separate Law Sheet on Form TJ-110D (Example:
Form TJ-110D1, Form TJ-110D2, Form TJ-110D3, etc) the simplified definition of the crime, the associated aggravating
and/or mitigating circumstance in the alleged commission of the crime as well as allegation of self-defense by the accused,
if any. At the In Chamber Conference or CCD, both prosecution and defense attorneys must submit a draft of their
respective simplified definitions in their case to the presiding judge for reconciliation and for his guidance in preparing the
final Joint Special Instruction to the Jury. The counsels drafts shall be submitted to the Judge only BUT NOT TO THE
JURY. Prepare as many Form TJ-110Ds as there are a number of cases in which the accused is charged.
Both the Prosecution and Defense Attorneys shall also bring in their respective EXHIBIT LISTS to weed-out inadmissible
evidence or exhibits. The admitted exhibits shall then be presented at the trial and may be submitted selectively to the jury
in the jury room.
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Form TJ-110D,
additional Law & Fact Sheet shall be consecutively designated as TJ-110D2, TJ-110D3,
TJ-110D4, and so forth, as the case may be.
3. In retyping/reprinting to finalize this form, an unmarked or blank box ([_]) and its relating
paragraph/s must be omitted or stricken off.
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is charged with, you must look at your evidence if there is proof beyond a reasonable doubt that
he/she has committed the said crime.
Below are the information in Box A and Box B in which you may base your decision
whether the accused is guilty or not of the accusation against him. Box A shows the Laws that
apply to the case, and in Box B are acts of accused that lead to his/her accusation.
Box A, the Law Box for the Presiding Judge to Instruct to the Jury.
You, the Jury, must not change the stated definitions of law in the box below.
(In this box, briefly state the legal definition of the law in simple words.
In this box DO NOT USE the word ALLEGE.)
1. State here the simple definition of the Law the accused has violated
(to be recommended by the prosecutor to the Presiding Judge).
2. If applicable, state here the simple definition on Aggravated Circumstance
(to be recommended by prosecutor).
3. If applicable, state here the simple definition on Mitigating Circumstance .
(to be recommended by the defense attorney).
4. If applicable, state here the simple definition on self-defense
(to be recommended by the defense attorney).
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Box B, the Box Containing the Statement of Facts For the Jury to Find Out, If True or Not.
You, the Jury, must find out if the evidence presented during the trial in reference to the
statements below are true or not. In accepting the statements, you must likewise recall on what
you observed intuitively on the body language, demeanor, eye or lip movements of each witness
who testified at the trial. The facts usually are the answer to the basic questions on Who,
What, Why, When, Where, and How. Thereafter, you must apply correspondingly your
findings of facts in the statements below to the law as stated in Box A above whether the
accused is guilty or not.
(In this Box, state briefly the facts for the jury to find out whether true or not).
1. It is alleged that the Accused, (state his/her name here), on or about (state location, date and time) committed the
following act or acts in violation of the law stated above: List or enumerate the act or acts. (Statement to be
recommended by prosecutor to the Presiding Judge, or PJ, during the In Chamber Conference). Is this true or not? If
true, you must vote Guilty. If not true, you must vote Not Guilty.
2. (If applicable), it is alleged that although it was not necessary for the said accused to do in accomplishing his acts
in committing his crime, he/she likewise further committed the act of .... (state the aggravating acts here) that increased
the sufferings of the victim. Is this true or not? If this is true, the penalty for the accused shall increase. (Statement to
be recommended by prosecutor to the PJ during the In Chamber Conference).
3. (If applicable), it is alleged that the said accused did the following act or acts during, or immediately after, his/her
crime which decreased or lightened the suffering of his/her victim. Is this true or not? If this is true, the penalty for the
accused shall be decreased. (Statement to be recommended by defense attorney to the PJ during the In Chamber
Conference).
4. (If applicable), it is alleged that the said accused was only defending himself with the use of reasonable force (state
what the reasonable force is) from the violent force or death threatening act of the victim that resulted to the injury (or
death) of the victim. . (Statement to be recommended by defense attorney to the PJ during the In Chamber
Conference).
______________________
The Defense Attorney
____________________
The Jury Presiding Judge
_________________________________________________
NOTE: Continue on the next form, Form TJ-111
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Form TJ-111,
The Master Joint Special Jury Instruction. This form shall be read by the
Presiding Judge and thereafter its copy shall be submitted to the Jury. The
Secretary and the Sheriff on duty should closely pay attention also to this
instruction. This instruction shall be extemporaneously interpreted while
being read by the presiding judge to the Jury.
You do not need to memorize or write them now. A copy of this Instruction shall be
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Second: The next thing you will do after you are locked in and have seated inside the jury
room is to choose your leader. He will be your presiding juror or foreman. You shall also choose his
two assistants. Your foreman and his two assistants shall be chosen from among you who are the
12 regular members. None of your alternate jurors can be chosen for those positions. However, all
15 of you shall vote to choose your leaders. After you have chosen them, you will rearrange your
seating locations. Your foreman shall be seated at the head-end of your jury table. On his right shall
be his First assistant and on the left shall be his Second assistant. The 3 alternate reserves shall
be seated at the opposite end of the jury table facing your Jury Foreman. If you do not know
how to make your seating arrangement, knock at your door and inform me, through the sheriff,
for help on how to make your seating arrangement and I will send in my court secretary to make
your seating arrangement.
Third: After you have organized yourselves by choosing your leaders, you shall call the
Sherif who will be standing by the door outside your jury room for any purpose. Simply knock
at your door and the Sherif will see you. Then let him know that you already have chosen your
leaders. Do not mention their names or ICN (ID number) to the Sheriff and then close your
door. The Sherif shall then inform me, your Presiding Judge, that you already have chosen your
leaders and you are ready for further instruction.
Fourth: After learning from the Sheriff that you have already chosen your leaders, I will
instruct the Sheriff to inform you to begin your discussion about the case. This is the first time
in the whole jury trial that you will be permitted to talk about this matter but exclusively only with
your fellow jurors.
Fifth:
Here are my instruction on how you will discuss and decide this case:
No. 1, Use your common local dialect in which all of you can understand
during your discussion. You may express yourself with any
combination of terms, be it in English or Tagalog, with your local
dialect to clarify what you meant in your statements.
No. 2, Your Foreman shall start by saying (in your local dialect): My fellow
jurors let us start to discuss this case . I will ask each of you, one
at a time, beginning with the juror on my right while every one else
should kindly listen. All others shall wait for their turn to speak. It
is important that we hear everyones opinion in order to form our
collective jury decision.
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No. 3, Your Foreman shall then ask the first juror on his right by saying: What
is your opinion as to the guilt or innocence of the accused and tell us
why. Thereafter, he shall ask the same statement to each of the next
juror on his right and so forth in counter-clockwise sequence until all
jurors, including the alternate jurors, are heard of their respective
opinions. There is no need to debate or argue among yourselves. No
one of you shall force each other which way to decide the case. Your
Foreman should not force any juror which way to vote either. A juror
may change his opinion and vote after hearing the opinion of others
before he has written his vote in the jury ballot. Once a juror has
written his/her vote, he/she can no longer change the vote that he has
already marked in the jury ballot.
No. 4, Since you are a group, you can only decide this case as a group. No
one of you can decide this case alone. Your Jury Foreman is
forbidden, and it is illegal for him, to decide this case alone. Each and
all the 12 of you must vote to arrive at your collective jury judgment.
During your discussion, individually or each of you can only say: My
opinion is this and say or state your opinion. You cannot say, this is my
decision because no one juror can decide the case alone. Only the
combined written votes with your fellow regular jurors, after being
counted, can you reach a jury decision or verdict.
No. 5, You decide the case by Majority Rule among the 12 regular jurors
only. There will be 12 jury ballots for distribution and each one of you
shall have one ballot to write in your vote. You must vote secretly.
You need not tell your fellow jurors or your Foreman which way you
decide. The alternate jurors will not be allowed to vote and no jury
ballot shall be given to them. No alternate juror shall be permitted to
leave the jury room.
No. 6, You decide the case whether the accused is Guilty or Not
Guilty. If you vote Guilty, you must find evidence of proof that
tells you beyond reasonable doubt that the accused had
intentionally, willfully and willingly committed the criminal acts he
is charged with. If you vote Not Guilty, it means that you did not
find sufficient evidence to hold the accused criminally responsible
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case or cases charged against the accused and that they are identified with another separate
Criminal Case Number or Numbers. If more than one case is charged against the accused,
each cased will be submitted to you, one at a time, for your discussion and decision. One
at a time means that you must finish first with your decision, and then the next case shall
then be submitted to you to discuss it. To understand more about this instruction, discuss
it with all your fellow jurors. If you dont understand it, let the Sheriff know who will inform me
accordingly, and I will answer your question properly and delivered to you by the same
Sheriff. After understanding how many criminal cases have been charged against the
accused, please let me know through the Sheriff that you understood this instruction.
Seventh: In this seventh step, I will deliver to you, through my Secretary, a Delivery
Envelope, known as Form TJ-136. Its size is #10, 4.1 x 9.5 inches. [Assisted by Secretary,
closely show to the jury an exact size of the envelope.] Outside the envelope, it will show
the information about the Criminal Case Number and the Name of the Accused. Inside the
envelope, you will find the following items and their description [Assisted by Secretary,
standing closely to illustrate to the jury exactly the items in the envelope, one at a time, in
chronological sequence and explain each item.] :
[_]- Form TJ-110D-____, Law and Fact Sheet (Secretary to pre-fill in the blank).
[_]- Form TJ-112, Jury Ballot form in 12 pre-cut pieces (Secretary to precut the ballots).
[_]- Form TJ-113, The Guilty Verdict form (Secretary to pre-fill accused name & case#).
[_]- Form TJ-114, The Not Guilty Verdict form (Sec to pre-fill accused name & case#).
[_]- Form TJ-137, Empty Verdict Envelope (To contain only the written Verdict of the Jury)
Eight: The discussion and decision process (1) Read and reread carefully the Law and Fact Sheet in the envelope. The criminal
case number and the name of the accused in Form TJ-110B shall be the same as written in the
Law and Fact Sheet. [Assisted by Secretary, point out closely to illustrate to the Jury, the case
numbers between the two documents].
(2) If you find the accused guilty of the crime he is charged with, it must be without any
doubt in your mind. Mere suspicion is not sufficient for conviction. Your guilty vote must be
supported by your finding of a proof beyond reasonable doubt. It is a degree of proof that
proves the certainty of the truth of the act or acts and criminal intent of the accused. If you
entertain some doubt, you must acquit the accused. If the accused has remained silent, did not
testify by himself in his favor, you cannot base your guilty vote on his silence because the
constitution does not require him to testify to prove his innocence. At all times, he is presumed
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innocent until you find him guilty with proof beyond reasonable doubt.
(3) All the 15 of you, the members of the jury, shall participate in the discussion or
deliberation.
(4) However, only your 12 regular members shall vote to make your decision. As you
will note, only 12 ballots are inside the envelope. No jury ballot shall be given to your alternate
reserves. Your 3 alternate reserve members shall not vote to make your decision although they
have participated in the discussion.
(5) When you write your jury vote, do it secretly. Let no one of your fellow jurors know
which way you voted and you must vote according to your own conscience in the light of the
evidence. Then fold your ballot. Wait until everyone has filled in his ballot before submitting
it for counting.
(6) How to Write Your Vote In the Jury Ballot Form - The Jury Ballot is a small piece
of paper. It looks like the enlarge sample shown in the following page (court secretary must
produce 1 copy in the next following page for illustration purposes only. It is very easy to write
your vote. Once you have formed your opinion, simply mark X in the box below the words of
either GUILTY or NOT GUILTY. Mark 1 box only corresponding to which way you decide
and then write in your Juror ID Code. Never mark both boxes. Once you have marked one, you
cannot change it anymore.
(Please see Jury Ballot in the next following page.)
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Instruction:
Guilty Vote shall punish the accused.
Not Guilty Vote shall not punish the accused.
Vote and Mark 1 box only with X and do not change when done.
GUILTY
NOT GUILTY
Case # __________________________
Date: ___________________________
Juror ID Code: ____________________
Instruction:
Guilty Vote shall punish the accused.
Not Guilty Vote shall not punish the accused.
Vote and Mark 1 box only with X and do not change when done.
GUILTY
NOT GUILTY
Case # __________________________
Date: ___________________________
Juror ID Code: ____________________
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(7)
When the Foreman sees that everyone has already completed his jury ballot, he
shall, then, call for submission of all ballots to the assistant juror on his right. All
in all, there should only be 12 ballots to count, nothing more and nothing less. The assistant
shall collate the Guilty votes and announce how many are the Guilty Votes. He shall collate
and separate the Not Guilty votes and give the Not Guilty votes to the other assistant juror
on the left of the foreman who shall announce how many are the Not Guilty Votes. Both the
assistant jurors shall hand in all the votes to the foreman who will then verify and announce to
his fellow jurors only which one is the Majority Vote whether Guilty or Not Guilty. He shall
NOT YET inform the presiding judge of the Majority Vote.
(8) The Verdict: Once the number of votes is counted and confirmed, the Foreman
shall order the preparation of the Verdict Sheet as follows:
(a)
If the total number of Guilty Votes is seven (7) or more, the accused is
convicted, and the foreman shall then ask the assistant juror on his right to fill
in Form TJ-113, the Guilty Verdict sheet.
If your verdict is Guilty, did you find any aggravating act of the accused that
added more suffering, humiliation, or insult, upon the victim? If so, write a short
note of the aggravating act in your verdict sheet, Form TJ-113.
If your verdict is Guilty, did you find any mitigating act of the accused that
reduced the suffering of the victim or his close relatives? If so, write a short note
in your verdict sheet, Form TJ-113, of the act of the accused that provided some
relief to the victim.
(b)
If the total number of Not Guilty votes is six (6) or more, the accused is
acquitted and the foreman shall then ask the assistant on his left to fill in Form
TJ-114, the Not Guilty Verdict sheet.
(9)
Thereafter, the Foreman shall formally announce to his fellow jurors that the
Jury has [_]-Convicted the accused, or has [_]-Acquitted the accused, as the
case may be. After announcing the verdict by the Foreman, he shall ask you if the number of
the majority verdict is correctly written. If confirm, the Foreman shall put the Majority Verdict
Sheet in the Verdict Envelope, which is Form TJ-137. All other documents such as the Jury
Ballots, Charge Sheets, Law and Fact Sheets and everything else shall be put back in, or
attached to, the first Envelope, Form TJ-136 and laid on the table for the Court Secretary or
Clerk to gather for safekeeping by the court and collated according to their corresponding case
numbers.
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(10)
After the majority verdict has been placed in the Verdict Envelope, Form TJ137, the Foreman shall knock at the door to call the Sheriff to inform the
presiding judge that The Jury has reach its verdict in the case. The Foreman should not
say or disclose to the sheriff which way the jury decided the case. The jurors shall remain in
the jury room to wait until the sheriff comes back for further instruction. The foreman should not
yet give to sheriff the Verdict Envelope, Form TJ-137 until further order is given by the
Presiding Judge for the Jury to get back to the court. At all times, the Foreman shall take hold
of the Verdict Envelope, Form TJ-137. The Foreman shall only part with the Verdict Envelope,
Form TJ-137, when the presiding judge has asked the jury to announce the verdict.
(11)
If the accused has been charged with another act as indicated in Form TJ-110B,
another set of a Delivery Envelope Form TJ-136 will be submitted to you, the
Jury. In this case, the Foreman shall remain keeping the Verdict Envelope, FormTJ-137. He
must not submit it yet to the Sheriff. Thereafter, you, the jury, shall go through the process of
analysing the evidence from (1) to (10) listed above in discussing and in deciding the next case
at hand in the same way the jury did with the prior case that you have already decided.
Ninth:
After all cases against the accused have been decided by the Jury, the
Presiding Judge shall then instruct the Sherif to call you, the Jury, to get back to the court with
all your verdicts in the corresponding Verdict Envelopes as follows:
If the Jury has 2 or more verdicts for the same accused both, or all, the Verdict Sheets
shall be contained in one and the same Envelope, Form TJ-137;
Tenth: Upon returning of the Jurors from their Jury Room to the Jury Trial Court Room,
the Foreman shall then submit the Verdict Envelope, Form TJ-137,
Judge. The Presiding Judge shall not yet announce which way the jury decided and he will
simply state the comment below:
[_]- The Jury has reach its verdict(s) in the criminal charge(s) for the Accused (by
reading the name of the accused in the Verdict Envelope, Form TJ-137)
without announcing yet which way the jury decided the case.
[_]- Promptly thereafter, in turn, the Jury Presiding Judge shall order his Secretary
or Clerk to read the Jury Verdict Sheet, or Sheets, one at a time in open court
with the presence of the accused, his defense attorney and the jury. It is
imperative that this proceeding should be recorded accurately by the court
stenographer.
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Eleventh:
After the verdict or verdicts are all read, the Presiding Judge shall issue the
following orders:
(1) To order his court Secretary and ALL the jurors to go to the Jury Room for:
(a) Issuance of their Redeemable Voucher, Form GJ-27, to pay their jury fee;
(b) Issuance of their Transport Ticket, Form TJ-131, for their trip back home;
(c) Return to the Clerk of the Jurors goggles;
(d) Giving back of the cell phones to the jurors;
(e) Removal of the ICN tags from the shirts of the jurors; and
(f)
The Clerk, in behalf of the Court, shall thank the jurors for their jury service.
(2) To order the Sheriff to take the accused into custody, if convicted; or
(3) To order the immediate release of the accused, if acquitted; and
(4) To order the Sheriff to provide security to the jurors while departing from the court.
(5) The Sheriff should thank the jurors for their jury service.
-End of Form_________________________________________________
NOTE: From here, proceed to Section 40, Rule V
(Regarding Penalty and Acquittal)
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