Re: Proposed Guidelines on the Conduct of Videoconferencing

December 9, 2020

EN BANC

A.M. No. 20-12-01-SC

RE: PROPOSED GUIDELINES ON THE CONDUCT OF VIDEOCONFERENCING

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution datedDECEMBER 9, 2020which reads as follows:

"A.M. NO. 20-12-01-SC

RE: PROPOSED GUIDELINES ON THE CONDUCT OF VIDEOCONFERENCING

WHEREAS, the Supreme Court, under Section 5 (5), Article VIII of the 1987 Constitution, is vested with the power to "promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged";

WHEREAS, pursuant to this power, the Supreme Court authorized "the presentation of testimonial evidence by electronic means" in both civil and criminal cases under the Rules on Electronic Evidence; 1 and the use of live-link television testimony in criminal cases where the witness or the victim is a child under the Rule on Examination of a Child Witness; 2

WHEREAS, the Supreme Court, recognizing the wide acceptance of "the use of videoconferencing technology" for "the remote appearance or testimony of the parties in court proceedings," approved the Guidelines on the Use of Videoconferencing Technology for the Remote Appearance and Testimony of Certain Persons Deprived of Liberty (PDLs) in Jails and National Penitentiaries, which is being pilot tested between the Davao City Hall of Justice and Davao City Jail beginning September 1, 2019, "for a period of not more than two (2) years"; 3

WHEREAS, in March 2020, the Novel Corona Virus Disease (COVID-19) pandemic caused the declaration of states of public health emergency and calamity and the imposition of community quarantine in varying degrees across the country, resulting in reduced court operations, suspension of hearings nationwide, except on urgent matters, and the physical closure of courts;

WHEREAS, in order to address the effects of the restraint on the movement and travel of court users for court proceedings, the Supreme Court designated pilot courts that were authorized to conduct hearings through videoconferencing, both in criminal and civil cases, through several issuances, 4 specifically indicated to apply only during the duration of the public health emergency;

WHEREAS, even with the gradual easing out of community lockdowns, videoconferencing continued to be adopted as a mode of conducting court proceedings;

WHEREAS, considering the commendable results of the use of videoconferencing in pilot court stations, the Supreme Court issued Memorandum Order No. 40-2020 dated May 29, 2020 creating the Special Committee on Virtual Hearings and Electronic Testimony (Special Committee) tasked, among other matters, to propose guidelines for the conduct of videoconferencing which shall be applicable even after the current public health emergency ceases;

WHEREAS, in criminal cases, there is a need to ensure that the constitutional rights of the accused are safeguarded during videoconferencing; and

WHEREAS, the Special Committee on Virtual Hearings and Electronic Testimony is composed of the following members:

 

Chairperson	:	Hon. Diosdado M. PeraltaChief Justice
Vice/Working Chairperson	:	Hon. Alexander G. GesmundoAssociate Justice, Supreme Court
Members	:	Hon. Henri Jean Paul B. IntingAssociate Justice, Supreme Court   Hon. Rodil V. ZalamedaAssociate Justice, Supreme Court   Hon. Jose Midas P. MarquezCourt Administrator   Hon. Maria Theresa Dolores C. Gomez-EstoestaAssociate Justice, Sandiganbayan   Hon. Sarah Jane T. FernandezAssociate Justice, Sandiganbayan   Hon. Raul B. VillanuevaDeputy Court Administrator   Atty. Jed Sherwin G. UyRepresentative, Office of the Chief Justice   Mr. Joselito N. EnriquezOfficer-in-Charge, Management Information Systems Office
Secretariat	:	Atty. Ralph Jerome D. SalvadorOffice of Chief Justice Diosdado M. Peralta   Atty. Antonio Ceasar R. ManilaOffice of Justice Alexander G. Gesmundo   Atty. Camille Sue Mae L. TingOffice of the Court Administrator

 

WHEREAS, as per Memorandum Order No. 40-A-2020 dated June 15, 2020, the Technical Working Group of the Special Committee on Virtual Hearings and Electronic Testimony was created to fast-track the preparation of a working draft comprised of the following members:

 

Chairperson	:	Hon. Rodil V. ZalamedaAssociate Justice, Supreme Court
Vice-Chairperson	:	Hon. Henri Jean Paul B. IntingAssociate Justice, Supreme Court
Members	:	Hon. Jose Midas P. MarquezCourt Administrator   Hon. Raul B. VillanuevaDeputy Court Administrator   Atty. Jed Sherwin G. UyRepresentative, Office of the Chief Justice   Mr. Joselito N. EnriquezOfficer-in-Charge, Management Information Systems Office   Atty. Ralph Jerome D. SalvadorOffice of Chief Justice Diosdado M. Peralta   Atty. Antonio Ceasar R. ManilaOffice of Justice Alexander G. Gesmundo   Atty. Camille Sue Mae L. TingOffice of the Court Administrator

 

NOW, THEREFORE, acting on the recommendation of Chief Justice Diosdado M. Peralta, as the Chairperson of the Special Committee, the Court resolves to APPROVE the following Guidelines on the Conduct of Videoconferencing."

(SGD.) DIOSDADO M. PERALTAChief Justice

(SGD.) ESTELA M. PERLAS-BERNABEAssociate Justice

(SGD.) MARVIC M.V.F. LEONENAssociate Justice

(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice

(SGD.) ALEXANDER G. GESMUNDOAssociate Justice

(SGD.) RAMON PAUL L. HERNANDOAssociate Justice

(SGD.) ROSMARI D. CARANDANGAssociate Justice

(SGD.) AMY C. LAZARO-JAVIERAssociate Justice

(SGD.) HENRI JEAN PAUL B. INTINGAssociate Justice

(SGD.) RODIL V. ZALAMEDAAssociate Justice

(SGD.) MARIO V. LOPEZAssociate Justice

(SGD.) EDGARDO L. DELOS SANTOSAssociate Justice

(SGD.) SAMUEL H. GAERLANAssociate Justice

(SGD.) RICARDO R. ROSARIOAssociate Justice

Very truly yours,

(SGD.) EDGAR O. ARICHETAClerk of Court

ATTACHMENT

A.M. No. 20-12-01-SC

 

Footnotes

1. July 17, 2001 and September 24, 2002 Resolutions in A.M. No. 01-7-01-SC (Rules on Electronic Evidence).

2. November 21, 2000 Resolution in A.M. No. 004-07-SC (Rule on Examination of a Child Witness).

3. June 25, 2019 Resolution in A.M. No. 19-05-05-SC (Re: Proposed Guidelines on the Use of Videoconferencing Technology for the Remote Appearance or Testimony of Certain Persons Deprived of Liberty in Jails and National Penitentiaries).

4. Administrative Circular (A.C.) No. 37-2020 dated April 27, 2020; OCA Circular No. 93-2020 dated May 4, 2020; A.C. No. 39-2020 dated May 14, 2020; and A.C. No. 41-2020 dated May 29, 2020.