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Form TJ-108, The Statutory Basic Jury Trial Instruction.

(This instruction must be contemporaneously interpreted during the jury trial by a trained
court trial interpreter from English to the local dialect of the jurors, and vice versa. The Jury
Presiding Judge is mandatorily required to issue this instruction without deviation. A presiding
judge who shall deviate from this instruction to favor any party or person shall be liable for
indictment of the crime of Obstruction of Justice by a Grand Jury upon complaint by the
aggrieved party.)

"Ladies and Gentlemen of the Jury:

Pursuant to Article II, Section 1, of the Philippine Constitution, you have been randomly
chosen to sit, to unite against injustice, and to serve in this jury to solemnly exercise your
sovereign power, the same peoples power you used when you elect your public officials, in our
government. We welcome and thank you for waiting patiently and for your eagerness to serve
in this jury. The case you are about to hear is a Criminal matter wherein the People is the
accusing party against the crime suspect called the Accused who is alleged to have committed
a serious crime.

First of all, there are:

Benefits For Serving in the Jury


Please know that you will be compensated for your jury service. For each day of your
service, you will be paid with the prevailing minimum wage set by law. In addition, you will
likewise be entitled to a noon time meal.

You will take your meal at the Jury Room in this courtroom where your food will be
delivered by the food server. Inform the Clerk of Court the kind of food that you cannot take
because of your religious belief. My clerk of court will guide you in going to that room. You will
not be allowed to bring in your cell phone into that room. You must deposit your cell phone with
my clerk, wrap it in an envelope, and make sure to label it with proper identification. Request
for the envelope if you need one. You must finish taking your meal within 30 minutes between
12:15 PM to 12:45 PM. Jury service requires promptness at all times.

During your meal time, you and my clerk of court, or among yourselves, must not talk
about the case at hand or any law about any legal matter. You cannot talk to any other person
except among yourselves only on some social matters or to my clerk for any question but not

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relating to the case you are hearing about. If you have an urgent call, you must seek permission
from my clerk of court who will supervise you during your meal.

"In your trip in coming to and from this court, your fare will be paid by our government. For
this purpose, you will be given a transportation ticket which you will obtain from the clerk of this
court and you will, in turn, present it to the operator, or driver, of the vehicle who shall provide
you with transportation.

And now, here is your:

Instruction for the Jury Trial


In order to achieve your mission, you are required to strictly observe and obey the
following Jury Trial Instruction.

For your personal and family protection or safety and to keep absolute fairness and
integrity in our jury trial proceedings, I hereby instruct you which you must obey as follows:

(1) To carefully listen, remain absolutely silent, and follow my instructions. You are
required to wear a pair of goggle dark eyeglasses during your jury service to minimize
exposure of your identity to the public. Your most difficult job is to avoid talking about this
case with anybody else, not even with your fellow jurors, or members of your family, until I
order you to do so only in your private jury discussion room. To avoid problems to yourself as
a juror, you must absolutely never talk about this case or any legal matter at all until your
decision in this case has been read in this court.

(2) (a) You must remain seated throughout the proceedings in court except when I, or
the sheriff on duty, ask you to stand. You must avoid informing anyone outside this
courtroom that you are a juror in this case. From this moment on, you shall have the right to
refuse to disclose or reveal your name to anyone in this court room and you shall not disclose
your name to your fellow jurors. At all times, you must wear your dark goggles to protect your
identity.

(b) If you are employed with a private employer or company, you likewise have the
right to refuse to disclose or reveal the name or description of your employer.

(c) However, if you are employed in any department of the government, government
instrumentality, local government unit, or armed or police services, or government owned or

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controlled or quasi-government corporation, or as a body guard of a government official even


if you are a private citizen, you are required to disclose or reveal the name of the government
entity you are employed with or the name of your supervisor or the public official for whom
you are serving or acting as his body guard.

(3) Each and all of you must be present in this court from the beginning to the end of this
jury trial-

(a) It is absolutely important that you arrive on time when each further proceedings begins
from your recess or continuance of the proceedings from the previous day.

(b) You must bear in mind that this jury cannot proceed to perform its job in the absence
of any one of you. The presence of each of you is as important as the presence of both the
attorneys in this case.

(c) Merely calling in that you are sick is not an acceptable excuse. If you are truly seriously
sick, you must ask your doctor to appear before this court to explain in your behalf the
seriousness of your illness. This instruction likewise applies absolutely with the alternate jurors.

(d) This proceeding is not like an ordinary meeting where a quorum is enough to proceed
with the majority of its members present. Do not think that because a majority of your fellow
jurors is present, you can leisurely spend your sweet time with someone or something outside.
It is imperative that each word or statement said in this proceeding must be heard by each and
all of you at the same time.

(e) I must emphasize that the trial cannot proceed if one of you is not seated. You cannot
simply go away from this proceeding just because you do not like to hear what is being said by
anyone in this court. You must be warned that this court will not hesitate to order your instant
imprisonment in jail for direct contempt of court if you violate this instruction.

(4) You must dress up with ordinary attire without fanciness to avoid distracting attention
in the proceedings.

(5) You must not discuss or talk about this case privately among yourselves as jurors.
Yes, that is right. You are not allowed to talk with your fellow jurors about this case, anytime,
anywhere, or by telephone or email until I permit you to do so in your private jury room. If you
know of any of your fellow jurors speak or attempt to speak anything about this case, it is your
duty to report such juror to me, your presiding judge, through the sheriff. Do not speak to me
directly. Talk to the sheriff and he will tell me your report. You are likewise strictly prohibited to
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discuss with your family members even if he is a lawyer, or friends about the evidence,
witnesses, or any aspect of this case. Lawyers are admonished that they should never speak
to a juror and it is a violation of the jury system rules for which he can face a disciplinary action
before the Supreme Court.

(6) Alternatively, if you have personally observed your co-juror or anyone in this court of
having violated any of the jury instructions I have read or issued to you, you must confidentially
report without seeking permission from me for such violation to the Grand Jury for its secret
investigation by placing your report at the "Citizens' Secret Crime Reports Drop Box" somewhere
in the hallway of this court, or of the clerk of court of the Executive Judge, of this Jury District.

(7) It is equally important that you avoid calling on a cell phone with anyone about this
case. Regarding any matter, this case or any other thing whatsoever, you must absolutely, with
no exception, and as a reminder again, avoid speaking, or consulting,

with any lawyer,

government official, police, army or military personnel, officer, or co-employee or supervisor or


employer, or to any person whomsoever. You must not

write any article or letter, or

communication, or email in the Internet about this case. This means that you must not start a
gossip about anything while this case is still going on for trial.

(8) Bear in mind that if anyone hears you talk about this matter, you could start a gossip
without knowing it and you may find yourself unexpectedly inviting at your doorsteps a crowd of
media people, the interested parties and their relatives or friends in this case and all other
investigators that may even prevent or delay you in coming back to this trial. With your
negligence in mentioning about this case with anybody, the case that you are working on could
end up in a mistrial for which you will be held in contempt of court and promptly I will order your
imprisonment and further be responsible to pay the expenses of the parties and jurors fees in this
case.

(9) You will be given the opportunity to hear and see the evidence of both the parties to
the case at hand. You will be required to listen to the testimony of witnesses and you must keep
close attention to every word the witness says. You must also watch the demeanor of the
witness such as his facial expression, eye movement, and body language to determine the
truthfulness of his statement. Sometime later, I will explain to you what is an evidence and what
is not evidence. A natural human reaction or statement resulting from a sudden or surprising
event can be considered an evidence.

(10) After you have seen and heard the evidence in this case, you will then be ordered
to go and enter in the secret jury room to talk and discuss among yourselves alone and to make
your decision. Once all of you have gathered in that room, you must lock yourself in at all times
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to prevent anyone from disturbing you until you have finally decided the case. Once you have
reached your decision, you must knock at your door to indicate to the sheriff that you have
already done your work but you must not tell the sheriff which way you decide or shall decide.
Did you understand what I said? Repeat: You must never tell the sheriff, or anybody else, which
way you decide or shall decide the case.

(11) While you are still inside that jury room, I will order the Sheriff to guard your door.
I will also order the opposing attorneys as well as the members of the media to keep an eye to
ensure that no one else can contact or disturb you inside.

(12) Before you enter the deliberation room, I will require you to deposit your cell phones
and tape recorders with my clerk of court. Make sure you mark your cell phones with appropriate
identification. Request and ask my clerk for a plain envelope, label it with your name and wrap
in it your cell phone and then entrust it to my clerk or secretary. Your cell phones shall then be
returned to you after your foreman shall have read your decision in this court room. If any of your
fellow jurors shall surreptitiously bring in a cell phone in the jury room, each and any of you shall
have the responsibility to report such matter to this court through the sheriff or you may drop your
report at the drop box which you may find in the hall way of this court.

(13) Should you violate any of my instructions, I will hold you liable for payment of the
expenses of this proceedings and declare you in contempt of court for which I will order your
instant imprisonment in jail for the duration of this trial until it is finally decided by another jury.
I will further order non-payment of your jury attendance or allowance fee;

(14) If you are unable to hear or see the evidence presented during the trial, it is your duty
to inform me, through the sheriff, not with anybody else, so that appropriate arrangements can
be made for you. If anyone of you may notice a fellow juror immediate to your side who may be
getting sleepy or bored, you must do a little shaking by your elbow to wake him or her up but do
not overdo it. I will not tolerate any teasing or horseplay while the trial is going on. I am
addressing this particular instruction to counsels likewise. If you think your presiding judge is also
getting sleepy or bored, you may move for a five-to-ten-minute break to stretch up for all of us
and I would be glad to grant your motion.

(15) You are not allowed to take notes or draw pictures, diagrams or other memoranda
during the trial. The purpose of this rule is to avoid over-emphasizing some facts and
de-emphasizing others. You are required to give full attention to the statement of the witnesses.
You will eventually recall their statements at the closing arguments of counsels or by viewing the
exhibits presented during the giving of the testimony of witnesses. Once you go into the
deliberation room to embark in discussing the various events as narrated by the witnesses, any
one or some of you must remind your fellow jurors on the statement of the witness.
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(16) You must not pay attention to news accounts of the trial or gossips, whether they be
on radio or television or in the newspaper or in the Internet or other publications. You must not
comment on anything you have seen on television or heard over the radio or from any person
about this case. You must not purposely watch on television or hear over the radio any news
about this case. You must not search the Internet for evidence or news reports about this case.
Sometime later, I will instruct you about what is an evidence and what is not.

(17) You are not allowed to inspect or take pictures of the scene of the crime which is the
subject of the trial. This is important because the place where the incident occurred may be
entirely changed from what it was at the time of the occurrence. You are not allowed make a
tape recording during the trial or during your discussion or deliberation in the jury room.

(18) In some rare cases, you may be kept away from your home continuously during the
trial. You may be allowed to go home at night, but you cannot discuss the case with anyone, and
again, not even with a member of your family, even if he is a lawyer. Remember, that you are
not allowed to speak with any attorney or a judge or public official or employee about this case.

(19) While this jury trial is still in progress, you must not make or express your opinion or
decision. You must remain neutral at all times. It is only in your assigned jury room where you
will be able to talk about this case independently among yourselves and absolutely without
interference or presence on my part or of any other person. In your deliberation, get more
reminders for information from your fellow jurors. Do not impose your will on them. If they ask
your opinion, inform them with all honesty and or simply state your reason for your opinion. The
first and the last time you make your decision is when you secretly and actually write your vote
in your jury ballot.

(20) You must remove from your minds or vocabulary any law you have learned or heard
in school or from anywhere in the past or from any law school. You must not discuss among your
fellow jurors about those laws. You must not read a law book or news story about the case at
hand. You must not consult a dictionary or encyclopaedia. If you have previously served as a
juror, whether as a member of a grand jury or trial jury, you must not mention or remember any
law or legal instruction you have learned from such prior jury duty during your deliberation to
arrive at your verdict regardless of whether such law or legal instruction is similar or identical in
the present case. Your prior education in law, officially or unofficially, is not a requirement in order
for you to sit as a juror in the present case. The only law or laws you shall keep in your minds is,
or are, the laws I instruct you in the course of this trial. You must submit through the sheriff a
written note to me to ask for the definition of a word if it is essential in making your decision. I
will make a proper response to you with the agreement of the counsels of both parties to this
case.

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(21) During our court recess, or at any time, you must not talk to me, your presiding judge.
Make sure you come back to this room without a minute of being late. You must all be in the door
and be ready to get in when told to come in. I instruct the Sheriff to prevent anybody or non-jury
member to mingle with you during your recess or when getting ready to come back to this court
room.

(22) You must not enter the deliberation room until I order you to do so. I will give you the
proper instruction at a proper time after we are done with certain court procedures;

(23) You are absolutely prohibited from asking money or favor of any kind or in accepting
a bribe from any body on account of your having been called to serve as a juror in this case
currently or in the future on account of the information you had discussed during your deliberation
about this case;

(24) You must not consider any other evidence except those presented at the trial in this
court room. In other words, you must not give probative value on anything you have seen or
heard from any source or person outside this court room about this case.

(25) When you have been ordered to gather in your jury deliberation room at the proper
time, you must not allow anyone - not even me, your presiding judge - to enter your deliberation
room. Your deliberation room is your exclusive territory and domain. At any moment, while you
are discussing about the case at hand, I may knock at your door. In that event, you must politely
decline to speak with me or with anyone else for that matter otherwise I will declare you in
violation of this instruction.

(26) When you need for a clarification on any matter that prevents you to proceed with
your discussion or judgment, you must submit a hand written note through the sheriff in uniform
and on duty in this court to me, your presiding judge, and write what you may ask. I will
accordingly make a ruling or response to your query in consultation or conference with the
prosecuting attorney and the defense attorney in this case.

(27) I cannot order you which way you will decide this matter but I have the summary
authority to order the sheriff in uniform at this court room to send to jail for contempt of court any
juror who violates the legal instructions that I have just read and issued to you. If in the course
of my talks to you that may sound as if I am making my opinion about the case, you must not
take that as a guide in arriving at your decision or in expressing your opinion. You must decide
on what is right from your own independent conclusion.

(28) The evidence presented at the trial may consist of documents, things, or objects and
testimony of the witnesses. If a question is objected to and I sustain or uphold the objection, you
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must disregard any answer to such question as if it has not been stated. The opening and closing
statements, and the arguments of the lawyers do not constitute as evidence because they are
not witnesses.

(29) You must consider the accused your co-equal or a common person. You must not
give any special importance or significance to the fact that [the accused] [or any party] may be,
or is claiming to be, a celebrity actor or actress, or a person with great fame, or title of nobility,
or for being a datu, bai, sultan or sultana, or wealth, or high rank or title or position or power in
any government or government instrumentality in our society or a relative, or the spouse, or a
compadre, a comadre, a querida or querido, or close friend of such person. While being seated
as a juror in this matter, your authority to decide justice in this case based on facts according to
the evidence is absolute and more superior than any such person of nobility, royalty, great fame,
or public official, in our society. Keep this in mind at all times until you finally decide this case that
you are acting as a Master of our society while serving as a juror in this matter today.

(30) You shall not take into evidence any description of the accused or of a witness in
reference to his being a Christian, a Muslim, or with any religious affiliation, or creed, or ethnicity,
or tribal feature, or regional lingual accent, in the course of this trial or during your jury discussion.

(31) After this instruction that I am now issuing to you, you will soon hear the
presentation of the evidence in this case. There are two opposing parties in this trial. The
accuser and the accused.

(32) The people are the accuser and they are represented by the government
attorney. He is called the Prosecutor. The People or Prosecutor may be referred to as the
"Prosecution."

(33) The accused is the suspected crime offender. He is defended by his defense
attorney. The Accused and the defense attorney may be referred to as the "Defense."

(34) At this point, I want you to learn about the word "Witness." A "witness" is the
person who is sworn to testify to tell the truth about the facts that lead to the indictment
against the accused.

(35) The witness is required to sit in a witness chair on my left in this court room to
state the information he is asked for the purpose of this trial that you are about to hear by
way of answering questions from the Prosecution, the Defense, or by this Presiding Judge.

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(36) Therefore, if you hear that same person speaking outside this court and it
happens that you were riding together with him in the same vehicle with him and you
heard him talking about the same case he testified to whether the same or different from
what he said in court, you must not give any credible value to whatever he said at the bus.
Important reminder: You must not talk or argue with him and you do not need to listen
to him. And so, at the time this case reaches the stage wherein you are asked to
deliberate on it, you must not tell your fellow jurors about the story the witness said that
you heard from him at the bus. Why? Because he was not sworn at the bus and he was
not sitting on the witness chair. The bus has no witness chair in the first place.

(37) At this time, I want you to know two important words. They are very different
from each other. They are not the same. You cannot substitute one for the other.

"The first word is Opinion and the second is the word Evidence.

(38) The opinion is what you hear from the mouth of the government prosecutor
or of the defense attorney saying about his case or his opponents case. An opinion is not
evidence. You are not allowed to use an opinion to make your decision. From time to
time, by way of an instruction, I will tell you which is an evidence and which is not.
Exception: You may consider an opinion like an evidence if:

(a) It is an "Expert Opinion" of the witness,

(b) The person stating his opinion must have been sworn in to tell the truth, etc.
and must have been seated in the witness chair and has answered questions
from the Prosecution or from the Defense attorney;

(c) It is shown that the person making the opinion had sufficient training or
experience on the subject he testifies to; AND

(d) It was admitted into evidence by the presiding judge of the court and subject
to your scrutiny or analysis whether it represents the truth or not.

(39) The evidence is what you hear from the mouth of the witness who was sworn
in and he is required to talk in the witness chair. The evidence is your basis to make your
decision in this case.

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(40) Another thing you must learn about "evidence" is that it consists of several
things: The statement or word of mouth by a witness is evidence. An object or thing
related to a case in court to prove a fact is evidence. Objects are usually marked or
referenced with exhibit identification, such as Exhibit "A", Exhibit "B", Exhibit "1", and
others. Evidence, therefore, is a combination of what the witness said, an object and
identified as an exhibit to prove or disprove the existence of a fact. An exhibit may be part
of evidence and it is up to your discretion to believe or not of its existence specially when
you are in doubt of the source of such exhibit.

(41) The words and statements of attorneys are not evidence. Attorneys only act
as guides to help you find and understand the evidence. If there is variance or difference
between what the attorney says over what the witness says, you must rely on what the
witness said - not what the attorney said.

(42) Before the attorneys will present their witness or evidence, each of them will
make an opening statement in favor of their side of the case.

(43) The prosecutor usually or always delivers his opening statement. However,
the attorney for the accused may, or many not, make an opening statement.

(44) At this point, I will ask you a question. You must not be afraid to give me a
wrong answer. This is a part of your instruction and education about this case and it is
imperative that you learn it now. My question is this:

When the lawyer delivers or speaks of his opening statement, did you hear an
evidence or did you hear an opinion? Right or wrong, I would like to hear from anyone of
you.
(Presiding judge should emphasize that the words coming from
the mouth of the lawyer is only an opinion and it is not an evidence).

(45) Again, the thing you should remember is that an evidence can be accepted
only when it is stated by the witness while testifying in the witness chair. The subsequent
statement, therefore, of the witness who speaks at another location after he testified in
court such as when he speaks over the radio or television show or anywhere with another
version than what he testified to in court is not the evidence. What the witness said over
the radio or television station is a matter of opinion and of no evidentiary value because
he was not sworn to tell the truth of what he said at the radio station or at the television
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show or anywhere else.

(46) Another evidence you must know is "Circumstantial evidence." Circumstantial


evidence is a fact or event that can be used to infer or presume another fact or another
event. It is an indirect evidence, an evidence the witness did not see, but it implies
something occurred but does not directly prove it. It is a proof of one or more facts from
which one can find another fact. It is also a proof of a chain or connection of facts and
circumstances indicating that the person is either guilty or not guilty.

(47)

You may also hear an objection to an evidence by an opposing attorney

saying that the evidence is a "hearsay evidence." In ordinary meaning, a hearsay


evidence is like a second hand evidence where the witness is stating a fact or event based
on what he heard from another person or witness. The person in the witness chair have
not personally seen the existence of the fact or event but is simply restating what the
actual eyewitness had said to him. On the other hand a hearsay evidence may be
credible or believable in the following instances:

(a) An excited utterances as a natural or spontaneous reaction to a startling event;

(b) It is a present sense impression that expresses the declarants spontaneous


impression of a condition existing at the time it was said;

(c)

A declaration of the present state of mind where the statement reflects the

declarants mental condition is in question;

(d) A business record which was created during the ordinary course of business;

(e) Prior inconsistent statement that was written and signed by the declarant;

(f) Dying declaration and other statements under the belief of an impending death
and the declarant is unavailable to testify in court; and

(g) A statement against the declarants own interest which would incriminate or
expose the declarant to liability who would not have made the statement unless the
statement was true.

(48) In the course of the trial, an expert witness may be called to demonstrate or
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describe a "Scientific Evidence." He is more of a teacher about the underlying scientific


theory and instrument implementing theory. He is called in to bring out opinions that a
theory is valid and the instruments involved are reliable. The witness must be accredited
as an expert witness, which may require academic qualifications or specific training or
actual experience on the matter he is talking about. You may or you may not accept his
explanation as viewed from the logic or natural result of his statements.

(49) Remember the rule. Evidence may be acceptable only if allowed by the judge
to be admitted into the record and while the witness speaks on the witness stand. So, if
you hear any body talking about the case or crime, not sworn and not seated in a witness
chair or stand, regardless of how prestigious or powerful he is, even if he may be the
highest somebody of your community or who said "I am Chief of Police So and So, and
I actually saw the happening of the crime or event," what you hear is not evidence. What
you hear is an unsworn declaration from someone who cannot be prosecuted if his or her
statement is a lie or a statement of falsehood outside of the court trial.

(50) There is an exception wherein an evidence will be admitted without the need
of a testimony by a witness. It is called Stipulated Evidence. Its other name is Agreed
Evidence wherein both the prosecutor and the defense attorney will agree with the
approval of the judge that the evidence be admitted without being testified to by a sworn
witness. If such an evidence will come up, you will be told that it is a "stipulated evidence".
Nonetheless, It is up to you to believe or not depending on what you think of how credible
the source of such evidence is.

(51) Now, here is another word I want you to know at heart. The word is the law
of the case you are going to hear. You must disregard any law you have learned outside
this court even if you studied law in college or university.

(52) The law that will govern the case is the statement of the law that I have
instructed you to use. The definition of the law will be issued to you in a Law and Fact
Sheet. You are therefore forbidden to read a law book, legal dictionary or any dictionary
whatsoever. You are not allowed to learn more of the law than what I have stated to you.
Your prior knowledge of the law is irrelevant and you must not use that prior knowledge
in making a decision in this case.
(53) While the trial is still in progress, you must presume that the accused is innocent.
During this entire trial, it is the right of the accused to remain silent and he may choose not to
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testify. Therefore, you must not presume or you must not guess that he is guilty because he did
not testify or he has remained silent in this trial. Our constitution forbids to force the accused
to testify or say something against him/herself. You may hear this instruction on presumption
of innocence of the accused several times in the course of the trial for the protection of his/her
constitutional right of innocence.

(54)

Submission of exhibits to the jury for review and analysis by the jurors:

(a) After both parties or their lawyers have presented their respective witnesses for
questioning and have submitted their exhibits, or arguments, to prove their case, I, your presiding
judge, shall submit those exhibits in this case to you for your inspection, analysis, discussion and
decision. Exhibits that were produced and shown during the trial will be submitted to you for your
review and recollection of what you heard or saw in the course of the witness testimony.

(b) In that room, you will absolutely be forbidden to bring in any type of weapon and
should you notice anyone of your fellow members in violation of this rule, each of you shall have
the authority to secretly report the matter to the Grand Jury for secret investigation and criminal
indictment in court by dropping your report in the "Citizen's Secret Crime Reports Drop Box"
located in the lobby of this court house.

(c) You are absolutely forbidden to smoke or drink any alcoholic substance, except water
or eat the food we provide you. If you feel hungry or thirsty, your foreman may ask the sheriff to

bring in some crackers, cookies, or pan de sal, or bottle of water and the sheriff shall forthwith
inform me of your request and for which I will gladly order to provide you.

(55) In your verdict, you shall not declare the accused guilty as charged unless you have
found proof or evidence of guilt beyond reasonable doubt of the alleged unlawful act of the
accused. This means that you declare the accused guilty only if you cannot find in the evidence
a believable reason that the accused could not have committed the offense charged against him.
You will again be reminded of this instruction, from time to time, as we proceed with this trial.

(56) In making your collective judgment, called the verdict, you must not force upon any
of your fellow jurors to vote against his or her conscience. You must write your vote secretly and
your ballot folded when submitting for counting. No ballot shall be opened or read until all twelve
ballots are gathered. Upon submission of all twelve (12) ballots, all guilty votes shall be sorted
separately from the not guilty votes. The not guilty votes shall likewise be sorted separately.
You decide by the majority rule.

(57) The GUILTY VERDICT - If you arrive at seven (7) or more guilty votes, the
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accused shall be declared guilty as charged. You shall then promptly record the number of the
Guilty Votes on Form TJ-113, the Guilty Verdict form and sign the same with your ICN. After
completing this form, put it in the Verdict Envelope, known as Form TJ-137".

(58) The NOT GUILTY VERDICT - If you arrive at six (6) or more not guilty votes, the
accused shall be declared innocent, or NOT GUILTY, of the crime charged against him. You
shall then promptly record the number of the Not Guilty Votes on Form TJ-114, the Not Guilty
Verdict form and sign the same with your ICN. After completing this form, put it in the Verdict
Envelope, known as Form TJ-137".

(59) Disposition of Documents-

(A) VERY IMPORTANT: The only document to be put in the Verdict Envelope,
Form TJ-137, shall either be Form TJ-113, or Form TJ-114. The only Envelope you will bring out
from the Jury Room to the open court, or Jury Trial Court Room, shall be Form TJ-137 containing
either Form TJ-113 or Form TJ-114 for reading by the Jury Foreman of the Jury Verdict in open
court. Your jury ballots should NOT be inserted in Form TJ-137.

(B) IMPORTANT: All the rest of the other documents such as the Jury Ballots, Law
& Fact Sheets, the Charge Sheet and Exhibits shall be put back into the Envelope Form TJ-136
which you will leave behind in the Jury Room for the Clerk of Court to gather and for safekeeping
in the custody of the court. Care must be observed by the Clerk of Court that said documents
shall be collated correspondingly to the Criminal Case Number and Name of the Accused inside
a larger and Master File Envelope, size 9 x 12 inches, known as Form TJ-138, to accommodate
the exhibits for safekeeping.

[Note: The presiding judge shall re-issue this instruction upon submitting the case to the
jury for its deliberation and decision.]

(60) In the course of this proceedings, I will further issue other instructions as their need
may arise. I will also instruct you on the definition of the law of the criminal offense that the
accused is charged with. In the mean time, you must not speculate or try to guess as to the
definition of the alleged criminal offense. You are required to know the facts of this case because
you are the principal judge of the existence or non-existence of the facts to this case. Your
finding of facts cannot be reviewed on appeal. Among those facts are the demeanor of
witnesses such as their eye or lip movements and body language that reflect facial expression
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for truth in their testimony. Such facts cannot be recorded by the court reporter for review.

(61) If you received any solicitation or request from any person, or any lawyer, or public
official, job supervisor, or co-employee, with the purpose of influencing your decision, regardless
of whether you were influenced or not by such solicitation or request, you have the mandatory
duty and obligation to secretly report in writing within thirty (30) days from the date you received
such solicitation or request to a grand jury for investigation. You shall be liable for the crime of
obstruction of justice and indictment by a grand jury if you ignore or fail to comply with this duty
or obligation.

(62) Any statement given by your fellow juror whether favouring a guilty or not guilty
verdict, during your discussion, you must take such statement as his or her opinion only and shall
not necessarily bind you in making your personal actual and final secret vote in your jury ballot.

(63) If you find in good faith and in your conscience that the accused cannot be convicted
under the law that I have instructed to you for application in this case because you think that the
law itself is unconstitutional, or unfair, or by the weakness of the evidence you have seen or
heard during the trial, you must give the benefit of your doubt to the accused by granting him your
vote of Not Guilty.

(64) By virtue of the sovereign power of the people in Article II, Section 1, of the
Constitution, as conferred upon you as a jury and direct representative of the sovereign people,
you will not be held liable, civilly or criminally, individually or as a jury, in writing your vote in good
faith and without malice in your jury ballot to reach your verdict to find the accused either guilty
or not guilty.
(65) You are the exclusive judges of this case. Ask not anyone else, not even your fellow
jurors, once you have arrived at your personal opinion, which way you, as a group, shall decide.
It is your collective jury votes that makes up the decision of the jury.
(a) Each of you, the regular 12 jurors, must vote and none of you shall abstain from
voting. If you will refuse to vote either way, "guilty" or "not guilty", I have the power and authority
to charge you with the crime of obstruction of justice. I strongly urged you to cast your vote, one
way or the other, in order to reach your collective decision or verdict. I repeat: Each of you must
vote and none of you shall abstain from voting to avoid being criminally charged for obstruction
of justice.

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(b) If any one among you, the 12 regular jurors, is overcome by fear to write your vote
in your jury ballot for any reason, inform your Foreman who shall call for the Sheriff and shall
inform me about your condition about your fear of voting as a juror. I shall then order your
replacement with one of the alternate reserve jurors who shall become a regular juror in your
instead who shall then vote with the remaining 11 jurors. I will order the replaced juror to refrain
from telling or announcing to anyone which way he wanted or wished to vote. Choosing the
alternate reserve juror shall be done by lottery.

(66) In your discussion, you may speak the local dialect that all of you understand and
speak. If you feel it necessary to speak in Tagalog, you may do so to emphasize your point. What
is important is that you must understand each other very well and understand your decision.

(67) After you have declared your verdict in open court, you have the power and the right
to refuse to explain your verdict. I strongly advise you to exercise that power and right to refuse
to explain your verdict for your personal protection and the protection of the members of your
family. By making your verdict, you have exercised your sovereign authority as judicial masters
of our society in accordance with Article II, Section 1, of the Constitution. Keep your sovereign
power and authority by remaining silent about your collective jury verdict.

- End of Form -

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