Guidelines on the Conduct of Videoconferencing with Respect to Remote Appearance from Abroad and Requirement of Prior Request for Mutual Legal Assistance, among Others

Germany

The German Federal Foreign Office conveyed that the hearing of a witness (in criminal and civil proceedings) via video conference in a Philippine consular or diplomatic mission in Germany is not allowed, without the approval of responsible German authorities, regardless of the nationality of the witness. The aforementioned approval can only be granted within the framework of an official request for legal assistance from the Philippine government to the German government through diplomatic channels. In civil matters in particular, such approval would generally be given on a contractual basis.

Macau

Judicial organs of Macau have never permitted any request from foreign counterparts for questioning a witness residing within Macau. Macau's Office of the Secretary for Administration and Justice further emphasized that taking of testimony or statements is listed as one of the issues for which Macao (sic) could provide international legal assistance in criminal matters, in accordance with Macau's Law No. 6/2006 on Mutual Legal Assistance in Criminal Matters.

Portugal

The Portuguese Ministry of Foreign Affairs informed that VCHs cannot be held in a foreign consular section or post in Portugal even with the presence of a Portuguese judicial authority as there is a lack of legal support for Portuguese authorities to go to the premises of diplomatic missions. However, it will be necessary to request an international judicial cooperation in criminal matters addressed to Portuguese judicial authorities, which will carry out themselves the inquiry of the concerned persons, either by VCH or in the facilities or premises of Portuguese courts or the Prosecutor General's Office. Meanwhile, the Philippine Embassy in Lisbon is awaiting the response of the Portuguese government on the conduct of VCH at the Embassy premises on civil cases when it involves the participation of foreign and Portuguese nationals.

Qatar

The Qatar Ministry of Foreign Affairs informed that VCH relating to criminal actions to be conducted in Philippine Embassy's premises will require a prior request for mutual legal assistance (MLA) pursuant to Article 427 of Law No. 23 of 2014 or the Criminal Procedure Law of Qatar. Such a request will have to be submitted by the Philippine competent authority to the Public Prosecution of Qatar through diplomatic channels, indicating information on the requesting authority in the Philippines and the case/s at bar.

Singapore

VCH requests related to criminal proceedings should be made by the relevant Philippine central authority (i.e., Department of Justice) on mutual legal assistance in criminal matters to its counterpart in Singapore, the Attorney-General's Chambers.

Per the Guidelines on the Taking of Voluntary Evidence via Videoconference in a Civil Proceeding (can be accessed on the website of the Embassy of the Philippines in Singapore), which includes the following requirements of the Singapore Ministry of Law:

• A clear statement that the VCH only applies to the taking of voluntary evidence in a civil proceeding;

• Obtaining the permission of the Singapore government for a witness in Singapore, regardless of nationality or residency, to give evidence via videoconference; and

• Details to be indicated in the request for permission to take evidence via videoconference.

Sweden

In a criminal matter, examination with (sic) a witness in Sweden via videoconference requires a request for legal assistance. The request shall be addressed to the Ministry of Justice.

In a civil matter, permission is not needed in order to conduct an examination via videoconference with (sic) a witness in Sweden, if the witness consents.

Switzerland

Hearing by videoconferencing of a witness in a criminal and civil case by foreign authorities in Switzerland cannot be regarded as an act falling within the scope of consular functions within the meaning of Article 5 of the Vienna Convention on Consular Relations of 24 April 1963.

Mutual assistance in criminal matters is regulated by the treaty on mutual legal assistance in criminal matters concluded between the Philippines and the Swiss Confederation.

Mutual assistance in civil matters between the Philippines and Switzerland is not regulated by a treaty. Nonetheless, outside of the framework of the treaty, a judicial authority of the Philippines may submit, through diplomatic channels, a Letter of Request for mutual legal assistance in civil matters for the hearing of a witness carried out by a Swiss court. In highly exceptional cases and only if the ordinary channel does not allow satisfactory results (i.e., if it appears practically impossible to ask Swiss authorities to assist in the matter), an authorization for a hearing by videoconference carried out by a Philippine court directly or with the active or passive participation of a consular or diplomatic agent may, on request, be granted by the Swiss competent authority.

United Arab Emirates

The UAE Ministry of Justice conveyed that the "competent Filipino authorities must submit a request for legal assistance that meets the conditions through the recognized diplomatic channels."

Vietnam

The Ministry of Justice (MOJ) of Vietnam conveyed that it may allow remote testimonies on the condition that each specific case is reviewed by competent Vietnamese authorities. The MOJ of Vietnam will need to ensure that each request complies with the following conditions:

1) The conduct of the hearing complies with Vietnamese laws, respects the independence, sovereignty of Vietnam and does not interfere in the internal affairs of Vietnam; and

2) The case is not related to the national security, sovereignty, or rights of sovereignty of Vietnam and contains no complicated political issues relevant to Vietnam.