FREQUENTLY ASKED QUESTIONS Pilot Testing of Hearings of Criminal Cases Involving Persons Deprived of Liberty Through Videoconferencing

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ZAMBRANO GRUBA CAGANDA & ADVINCULA

Q: What will be covered by the pilot testing of hearings through videoconferencing? A: The pilot testing of hearings through videoconferencing shall cover urgent matters in criminal cases involving Persons Deprived of Liberty (“PDLs”) and shall apply only during the public health emergency period. Q: What court stations are authorized to conduct the pilot testing? The following court stations are authorized to conduct the pilot testing:

• All court stations in the National Capital Judicial region; • CAR – La Trinidad, ; City; Lubuagan, ; • Region 1 – City, ; • Region II – , ; Santiago City; Cabagan, Isabela; Roxas, Isabela; • Region III – City, Balanga City; Mariveles, ; City; Sto. Domingo, ; San Fernando, ; Guagua, Pampanga; Angeles City; Capas, ; • Region IV – Tanauan, ; Balayan, Batangas; Nasugbu, Batangas; Rosario, Batangas; City; , ; , Cavite; Naic, Cavite; San Pablo City; Calamba, ; City; Gumaca, ; Binangonan, ; San Mateo, Rizal; Morong, Rizal; City; Boac, ; City; , ; • Region V – Legazpi City; Naga City; City; • Region VI – City; City; San Jose, ; San Carlos City, ; • Region VII – City; Lapu Lapu City; City; City; City; • Region VIII – City; City; • Region IX – City; Ipil, ; ; City; Isabela City, ; Jolo, ; • Region X – de Oro City; Surigao City; City, ; • Region XI – City; City; Gen. Santos City; Koronodald City; Polomok City; , ; • Region XII – Shariff Aguak, ; City; City; City; and , North . Q: What stages of trial may be conducted through videoconferencing? A: The hearings through videoconferencing may apply to all stages of trial of newly-filed and pending criminal cases, including but not limited to, arraignment, pre-trial, bail hearings, trial proper, and promulgation of judgment.

ZAMBRANO GRUBA CAGANDA & ADVINCULA

Q: Will the constitutional rights of the accused be protected in hearings conducted through videoconferencing? A: Yes. The courts shall ensure at all times that all the constitutional rights of the accused are protected and observed. With regard to “[t]he right 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,” the Supreme Court’s A.M. No. 19-05-05-SC dated 25 June 2019 provides that these rights “are deemed satisfied when such appearance and testimony are made remotely through videoconferencing…” Q: What platform will be used by the courts in hosting the videoconference proceedings? A: The authorized courts shall each be provided with Microsoft Office 365 E1 license which have, among others, the Outlook application for their official email accounts, and the Teams’ application to host the videoconference proceedings. No other platforms shall be used for the videoconference proceedings, and neither shall the courts use a different email address aside from the authorized account officially provided.

Source: Supreme Court Administrative Circular No. 37-2020

Disclaimer: The information in this article is for general information only and is not intended nor should be construed as a substitute for legal advice on any specific matter. A professional legal advice is still advisable and necessary.