Court Hearings via Online Video in the Philippines

Question: Pwede bang harapin ang pina-summon na nasa probinsya through online video kung andito ako sa Manila?

The COVID-19 pandemic has accelerated the adoption of technology in the judicial system of the Philippines, including the use of online video conferencing for court hearings. This shift aims to ensure the continuous administration of justice while adhering to health protocols and addressing geographical constraints.

Legal Basis for Online Court Hearings

The Supreme Court of the Philippines has issued several administrative orders and circulars to implement and regulate online court hearings. Notably, Administrative Matter No. 10-3-7-SC and subsequent issuances provide the guidelines for conducting hearings via video conferencing.

Guidelines for Online Video Hearings

1. Eligibility and Scope

   • Online video conferencing is allowed for both civil and criminal cases.
   • It is particularly applicable when parties are in different locations, such as when one party is in Manila and the other is in a province.

2. Requesting Online Hearing

   • Either party can request the court to conduct a hearing via video conferencing.
   • The request must be made formally through a motion, stating the reasons for the request and the circumstances that justify the need for an online hearing.

3. Court Approval

   • The presiding judge has the discretion to approve or deny the request for an online hearing.
   • The judge will consider factors such as the availability of technology, the nature of the case, and any objections from the other party.

4. Technical Requirements

   • Both parties must have access to the necessary technology, including a stable internet connection, a computer or device with a camera and microphone, and the appropriate video conferencing software (such as Zoom or Microsoft Teams).
   • The court will provide specific instructions regarding the platform to be used and the procedures to follow during the online hearing.

5. Security and Confidentiality

   • Measures must be in place to ensure the security and confidentiality of the proceedings.
   • Participants are required to be in a private, quiet location to avoid disruptions and ensure that the hearing proceeds smoothly.

6. Conduct of the Hearing

   • The hearing will proceed similarly to an in-person hearing, with the judge presiding and both parties presenting their arguments and evidence.
   • The court staff will assist in managing the technical aspects of the video conference.

7. Recording and Documentation

   • The proceedings will be recorded, and the transcript will be made available as part of the court records.
   • All standard documentation and procedural rules apply to online hearings.

Steps to Request an Online Hearing

1. File a Motion

   • Prepare and file a motion requesting an online hearing, detailing the reasons and justifications for the request.

2. Coordinate with the Court

   • Upon approval, coordinate with the court staff for the technical setup and scheduling of the hearing.

3. Prepare Technologically

   • Ensure that you and any witnesses or legal representatives have the required technology and understand how to use the video conferencing platform.

4. Participate in the Hearing

   • Attend the hearing as scheduled, following the court’s guidelines and maintaining the decorum expected in a traditional courtroom setting.

Conclusion

In the Philippines, it is possible to conduct court hearings via online video conferencing, allowing parties in different locations to participate without the need for physical presence in the courtroom. This modern approach ensures that justice is accessible and efficient, especially in cases where travel or proximity is an issue. Proper procedures and formal requests must be followed to facilitate such hearings.