Videoconferencing and In-Court Hearings: Guidelines during GCQ/MECQ

The Supreme Court recently released the guidelines for the conduct of court hearings in areas under General Community Quarantine (GCQ) and Modified Enhanced Community Quarantine (MECQ) for the 16-31 May 2020 period. Trial court hearings during this period may be conducted either in-court or through video conferencing. 

IN-COURT HEARINGS

In-court hearings are allowed in GCQ areas (in all cases) and MECQ areas (in urgent matters and other concerns to expedite the proceedings, both in criminal and civil cases). The judges shall see to it that the counsels and parties are duly notified of the in-court hearings to ensure their attendance. 

In all in-court hearings, the health hygiene protocols and other public medical standards, e.g., wearing of face masks and face shields, subjecting everyone to a no-contact thermal scanning, and observance of social distancing, shall be strictly observed.

AREAS AUTHORIZED TO CONDUCT VIDEOCONFERENCING HEARINGS

For GCQ areas, videoconferencing is authorized in all cases. For MECQ areas (NCR, Cebu City, and Calamba, Laguna), videoconferencing is allowed. There are only three areas under MECQ: the National Capital Region (NCR), Cebu City, and the province of Laguna. To recall, under SC Administrative Circular No. 37-2020, videoconferencing is authorized in criminal cases involving Persons Deprived of Liberty (PDLs) in specified places, including NCR, Cebu City, and Calamba, Laguna. Under SC Administrative Circular No. 39-2020, these courts are now allowed to conduct videoconferencing in both criminal and civil cases. In other words, only other areas of Laguna (except Calamba) are not allowed to conduct hearings through videoconferencing. Other Laguna courts may conduct in-court hearings in urgent matters and other concerns to expedite the proceedings, as discussed above. [Update: see Revised List as of 15 May 2020]

CONDUCT OF VIDEOCONFERENCING HEARING

Videoconferencing is allowed for ALL matters in both criminal and civil cases, whether newly-filed or pending, and regardless of the stage of trial. The manner of conducting videoconferencing hearings is provided in SC Administrative Circular Nos. 39-2020 and 40-2020, and OCA Circular No. 93-2020.

1. Notice

Videoconferencing hearings in both criminal and civil cases shall be upon: (a) joint motion of the parties; or (b) upon orders of the court. 

Videoconferencing  hearings  shall  be  scheduled  by  the  court. The parties shall be notified by the court through their respective email addresses. The  notification  email shall:

  • (a) Indicate the  time  and  date when the videoconferencing hearing shall be held, and contain a link (access code) which the parties shall click to join the hearing. 
  • (b) Remind  the  parties to  the videoconferencing hearings that all the details and information to gain access to such proceedings shall be treated with strict confidentiality. Any unauthorized sharing of said details and  any information  shall  be  dealt  with  accordingly  and may be considered as  contempt  of  court.

The proof  of  receipt of  the notification email shall be properly recorded. 

2. Persons authorized to access the videoconferencing

Other than the justice/judge and the parties/counsel, the court stenographer may be  allowed  to  join  the videoconference proceedings for the purpose of taking stenographic notes. At the discretion of the judge, other court personnel, e.g., clerk of court, court interpreter, may join the videoconferencing hearing. Court personnel allowed to join the videoconferencing hearing are bound by strict confidentiality regarding  the  above  access  details and information.

3. Calling the case; Logging in

Videoconferencing hearing is conducted through the Teams application. Parties and counsel attending the videoconferencing hearing must necessarily download the Microsoft Teams app (the link invite is included in the email notification from the court). As noted in the material issued by the Integrated Bar of the Philippines (IBP) – Cebu Chapter, when you click the invite link, you have to wait for confirmation from the host (court). You might be placed on standby, as when there is an ongoing hearing in another case. The IBP-Cebu also gave these helpful tips: make sure that you have a noise-free background and press the mute button when it is not your turn to speak.

The  videoconferencing  hearings  shall resemble  or  mirror,  as  far  as practicable,  the  in-court proceedings. This means that when the case is called by the court personnel, counsels shall enter their respective appearances. 

The  dignity  and solemnity of court proceedings shall be observed at all times. All those participating  therein  shall  be  in  appropriate  attire.

4. Presiding over the hearing

The justices or judges shall preside from the courtrooms or chambers at all times, unless in exceptional circumstances where the justice or judge may preside from home. If accessed from their places of residence, the concerned judges shall put on record the reason/s for this. All remote court appearances shall also be indicated in the court record.

5. Presentation of witnesses and evidence

Under the pre-trial rules, witnesses must be identified and evidence marked during the pre-trial; otherwise, they cannot testify or be presented during the trial. [See Rules on pre-trial conference]

Nevertheless, the videoconferencing guidelines require that all on-line submissions from the parties, particularly those at issue during or relating to the videoconferencing hearing, must be received by the court at least 3 days  prior  to  the  scheduled  videoconferencing  hearing,  and  all parties  must  be  furnished  with  such  copies, in accordance with existing rules and guidelines. [See Electronic serving and filing]

The taking of the testimony of a witness in a place other than where the court is, through videoconferencing, is akin to the taking of a deposition upon oral examination, pursuant to Sec. 1, Rule 23, as amended, and shall be allowed. If the witness will be testifying on (i) duly subscribed written statements given to law enforcement or peace officers, or (ii) affidavits or counter-affidavits submitted before the investigating prosecutor, or (iii) judicial affidavits, subject to additional direct and cross-examination questions, the said documents and affidavits may be received by the court and the parties through electronic transmission in accordance with the Rules on Electronic Evidence, at least 3 days prior to the scheduled videoconferencing hearing.

6. Recording the proceedings 

The  proceedings  during  the  videoconferencing  hearing  shall  be recorded by the judge,  to  whom the  option  is  given  by  the Teams application. The court stenographer, however, shall still transcribe the stenographic notes to be attached to the records of the case, certify as to the correctness of the transcript, and indicate that the hearing was conducted  through  videoconferencing.

No one else is allowed to record the proceedings. Any unauthorized recording of the proceedings by any of the parties may be considered as contempt of court.  

7. Issuance of orders or decisions

If  during  the videoconferencing hearing, the  judge  issues  or promulgates an order or decision, a copy thereof shall immediately be furnished the parties. The service of such order or decision to the parties may be done electronically through e-mail, but proof of receipt thereof should be properly recorded.

The hard copy of said order or decision shall be kept on file as part of the  records  of  the case, and  the  parties  may  secure  certified  true copies thereof upon proper request.

8. End of hearing

Once  the videoconferencing hearings are done, the judge or the branch clerk of court hosting the session shall immediately end it.  

Judges shall submit a  weekly  report  on  the videoconferencing hearings that they have conducted.  

P&L Law

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