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OCA-Circular-No.-158-2020 (Parties To Appear Remotely)

OCA

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Elimer Espina
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62 views2 pages

OCA-Circular-No.-158-2020 (Parties To Appear Remotely)

OCA

Uploaded by

Elimer Espina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ree Republic of the Philippines Supreme Gauct Office of the Court Administrator Aanila OCA CIRCULAR NO. 158-2020 TO: ALL JUDGES OF THE FIRST AND SECOND LEVEL COURTS RE: REMOTE APPEARANCES OF PARTIES. Considering that the entire country remains to be in different levels of Community Quarantine due to the COVID- 19 pandemic, and in order to further mitigate the transmission of the virus, there is a continuing need to minimize the number of individuals attending in-court hearings. This is manifested in the letter of the lawyers in the Office of the Solicitor General, dated 9 September 2020, requesting “that its lawyers should not be required to attend in-court hearings until the health situation of the country improves.” Similar requests have been relayed by some prosecutors and law practitioners. Accordingly, upon approval of Chief Justice Diosdado M Peralta, and pursuant to par. 9, Administrative Circular 45- 2020, judges of the first and second level courts, upon proper motion, may allow the parties to appear remotely, without prior permission from the Office of the Court Administrator, provided that judges shall continue to preside over hearings in-court. Prior permission from the Office of the Court Administrator is only necessary if the judge will be presiding over the hearings remotely or out of court. Judges are likewise reminded to observe utmost caution in resolving a motion for the remote appearance of a witness to be examined, considering that they must be able to properly observe the demeanor, candor, behavior and manner of testifying of the said witness, which may be difficult to do at present in a videoconferencing hearing. Should a party object to a motion for remote appearance, the court, in the interest of justice, safety, and well-being of all concerned, shall exercise its sound discretion in resolving the same. For the guidance and compliance of all concerned. 22 September 2020 x IDAS P. MARQUEZ uurt Administrator

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