THE Office of the Court Administrator on Monday released a new circular implementing the pilot testing of hearings on criminal cases using videoconferencing while the public health emergency due to the threat posed by the COVIDS-19 is in effect.
The new circular (OCA Circular No.93-2020) was released in response to an earlier order (37-2020) issued by the Supreme Court directing the Court Administrator “to immediately issue the necessary directives and take the requisite steps to implement this pilot testing of hearings in criminal cases involving persons deprived of liberty through videoconferencing.”
The SC order allowed courts in the Metro Manila and Regions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 to conduct the arraignment, pre-trial, bail hearings, trial proper and promulgation of judgments through videoconferencing.
“It is clearly understood that the hearings in criminal cases through videoconferencing are only for pilot testing, and shall apply only during this period of public health emergency,” Chief Justice Diosdado Peralta said then.
The new circular applies to “criminal cases involving PDLs (persons deprived of liberty) who are detained in BJMP, provincial jails, custodial centers, as well as those in police precincts or lock up jails awaiting their commitment to the proper jail facilities,’ the OCA said.
It will be recalled that with the declaration of national health emergency and the imposition of enhanced community quarantine, courts in the affected areas were closed and managed only by a skeleton staff.
The ECQ also prompted the SC to issue various circulars to address the issue of jail congestion as a means to prevent the spread of coronavirus disease.
Notable among the circulars were those that allowed the filing online of pleadings, criminal charge sheets, petitions for bails, and release of resolutions; strict implementation of guidelines on grant of bail and cognizance, and provisional dismissal of cases.
The SC earlier said 9,731 PDLs have been released from detention through initiatives taken to decongest jails amid the coronavirus pandemic.
The OCA said that an accused who is out on bail or recognizance cannot avail of the videoconferencing hearings.
The judges are required to submit a weekly report to the OCA on the videoconferencing hearings they have conducted.
The OCA said all on-line submissions from all parties on any urgent matter concerning a PDL must be received by the court at least three days prior to the scheduled videoconferencing hearing, and all parties must be furnished with such copies, in accordance with rules and guidelines.
It added the proceedings shall be recorded by the judge though the court stenographer shall still take notes.
To ensure the rights of the accused to be present and defend in person at every stage of the proceedings, to testify as a witness in his or her own behalf, and to confront and cross-examine the witnesses against him or her at trial are upheld and protected, the OCA said the court shall ascertain that the concerned PDL understands that the hearing of his or her case is through videoconferencing.
It said if a witness, other than the accused is testifying, the witness must also be viewed by all the participants — the judge, prosecutor, defense counsel and the accused.
The OCA said judges of courts in areas under general community quarantine shall be in their respective courtrooms or chambers at all times during the videoconferencing hearings. However, judges of courts in areas under the enhanced community quarantine may choose to be in their courtrooms or chambers, or in their places of residence, during the videoconferencing hearings.
It added the videoconferencing hearings should resemble actual in-court proceedings, with the participants dressed in appropriate attire.
