Can an accused attend a criminal case hearing via Zoom if they are abroad?

1. Virtual Hearings in the Philippines

The Philippine Supreme Court has adapted to the digital age, allowing virtual hearings, particularly during the pandemic. These virtual hearings provide a means for accused individuals, who may be abroad or unable to attend in person, to participate in their court proceedings via platforms like Zoom .

2. Court Circulars and Guidelines

To participate in a hearing virtually, the accused or their counsel should file a motion before the court requesting to attend the hearing via videoconferencing. The court may allow this, particularly if the accused is abroad, provided that proper justification is presented. The Supreme Court issued guidelines for such procedures in the judiciary’s effort to continue dispensing justice despite logistical constraints .

3. Relevant Legal Provisions

Violation of R.A. 9003, the Ecological Solid Waste Management Act, is considered a criminal offense. Virtual hearings in criminal cases have been permitted to ensure the continuous delivery of justice while accommodating the circumstances of the accused .

4. Process for Virtual Attendance

The following steps can be taken to facilitate virtual attendance:

Filing a Motion: The accused or their counsel should file a motion requesting the court to allow virtual attendance.
Justification: The motion should include valid reasons why physical attendance is not feasible.
Court Approval: The court will evaluate the motion and may grant it if it finds merit in the reasons provided .

5. Conclusion

Virtual hearings provide a viable solution for accused individuals who are abroad to attend their court hearings. By following the proper legal procedures and providing a valid justification, they can utilize this option to ensure their participation in the proceedings.