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Video Conferencing

The Supreme Court of the Philippines issued guidelines for conducting videoconferencing in courts. Videoconferencing allows participants in different locations to communicate simultaneously through video and audio transmission. The guidelines apply to hearings in lower courts, appellate courts, and special courts where videoconferencing could aid in fair, speedy and efficient justice administration, such as during emergencies or when participants cannot safely travel. The guidelines describe how parties can request videoconferencing, the required technologies, and procedures for setting up and conducting remote hearings.

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173 views4 pages

Video Conferencing

The Supreme Court of the Philippines issued guidelines for conducting videoconferencing in courts. Videoconferencing allows participants in different locations to communicate simultaneously through video and audio transmission. The guidelines apply to hearings in lower courts, appellate courts, and special courts where videoconferencing could aid in fair, speedy and efficient justice administration, such as during emergencies or when participants cannot safely travel. The guidelines describe how parties can request videoconferencing, the required technologies, and procedures for setting up and conducting remote hearings.

Uploaded by

Gabrielle Abrenica
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Videoconferencing is defined as court hearings and proceedings,

including the taking of testimony, conducted through videoconferencing


technology, or the use of video, audio, and data transmission devices to
allow participants in different physical locations to simultaneously
communicate by seeing and hearing each other. It can either be done
fully remote when none of the participants is physically present in court
or partially remote as when at least one of the participants appears
physically in court while the others appear from remote locations.

The guidelines in AM 20-12-01 SC will govern the conduct of


videoconferencing before the first and second level courts, Court of
Appeals, Sandiganbayan, and Court of Tax Appeals. It will apply to all
actions and proceedings, including small claims cases, in whatever stage
when the court finds that the conduct of videoconferencing will be
beneficial to the fair, speedy, and efficient administration of justice such
as in the following instances:

1. Acts of God, such as typhoons, floods, earthquakes, or other


unforeseen events, and human-induced events, such as fires,
strikes, lockdowns, those which limit physical access to the courts,
and other instances posing threats to the security and safety of the
courts and/or personnel;
2. Periods of public emergencies officially declared by the concerned
agency of the government;
3. The inability or difficulty of a litigant, witness or counsel to
physically appear in court due to security risks in his or her
transport in going to and from the court, real and apparent danger
to his or her life, security or safety, serious health concerns,
vulnerability of the witness due to age, physical condition,
disability, or the fact that he or she is a victim of a sexual offense
or domestic violence;
4. When the litigant or witness is a high-risk PDL;
5. When the litigant or witness is a PDL committed in a detention
facility, or a Child in Conflict with the law (CICL) committed in a
center or facility operated or accredited by the Department of
Social Welfare and Development (DSWD);
6. When the presence of a government agency witness or an expert
witness is required but for justifiable grounds, he or she cannot
attend an in-court hearings;
7. When a litigant or witness is an Overseas Filipino Worker or
Filipino residing abroad or temporarily outside the Philippines;
8. When a litigant or witness is a non-resident foreign national who,
while in the Philippines, was involved in any action pending before
any court, and would like to appear and/or testify remotely from
overseas;
9. When, based on the sound judgment of the court, there are
compelling reasons that justify the resort to videoconferencing; and

Such other circumstances or grounds that may hereafter be declared by


the Supreme Court as sufficient to justify the conduct of
videoconferencing.

How to request for a videoconference hearing

The court may order motu proprio the conduct of a videoconference


hearing in the instances enumerated as (i), (ii), (iv), (v), and (x) above.

Meanwhile, a party or counsel may request that the proceedings be


conducted via videoconferencing by way of a motion which shall be
filed electronically and/or personally with the court while furnishing a
copy on the adverse litigant by the same means at least ten (10) calendar
days before the scheduled hearing dates. The motion to conduct
videoconferencing must include the following:

1. the grounds invoked by the movant;


2. documentary and object evidence to support the grounds being
invoked;
3. the proceedings proposed to be conducted through
videoconferencing;
4. the names of the witnesses to be presented and the summaries of
their testimonies;
5. the expected location of each participant;
6. the e-mail addresses of the concerned litigants, their counsel, and
the witnesses to be presented;
7. special requirements necessary for the specific videoconferencing,
if any, such as specialized software for the presentation of videos,
and the like; and

statement that the movant and the intended witnesses are technically
ready to participate in the videoconferencing.

The adverse litigant shall file, electronically and/or personally, its


comment or opposition to the motion within five (5) calendar days from
receipt of the motion. With or without the comment of the adverse
litigant, the court shall resolve the motion within five (5) calendar days
before the scheduled videoconferencing by issuing an order that will be
served electronically containing the following matters:

1. the date and time of the videoconferencing;


2. the proceedings covered;
3. the names of the witnesses and the nature of their testimonies;
4. the expected location of each participant;
5. the software or platform to be used for the videoconferencing;
6. the e-mail addresses of the participants as reflected in court records
and to be used for the purpose of the videoconferencing, with
notice that said e-mail addresses are deemed valid unless the
concerned participants inform the court of any changes thereto at
least three (3) calendar days before the scheduled
videoconferencing hearing; and

such other matters as may be necessary to define the parameters of the


videoconferencing.

In cases involving high-risk PDL’s alleged to be high value targets and


those with serious health conditions, the motion to conduct
videoconferencing may be filed by the jail warden of the jail or
detention facility where the concerned PDLs are detained or held. When
the videoconferencing is intended to allow an accused PDL to testify or
attend the proceedings, the motion may be granted ex parte by the court.

For videoconferencing involving Overseas Filipino Workers, Filipinos


Residing Abroad or temporarily outside the Philippines, and Non-
resident foreign nationals who would like to participate or testify
through videoconferencing, the litigant interested to avail him/herself of
videoconferencing may do so upon motion with the court where the case
is pending. The motion shall contain the same matters enumerated above
with the additional requirement that the concerned Philippine embassy
or consulate has allowed the use of its facilities for videoconferencing
since it may only be conducted inside an embassy or consulate of the
Philippines.

Facilities, equipment, and training required for videoconferencing

The Supreme Court has not provided the minimum specifications of the
facilities and equipment needed to conduct videoconferencing. It is
enough that the technology, facilities, and equipment to be used must be
of such quality to allow the conduct of videoconferencing and allow the
participants to clearly observe the demeanor, non-verbal
communications, and facial expressions of the other participants, and see
and hear what is taking place in the courtroom and remote locations.

To support videoconferencing, courtrooms shall be equipped with


laptops and/or computers, video cameras, microphones, speakers, high-
definition monitors, printer-scanners, and other facilities needed for
documentary and object evidence, sufficient in specifications, size,
number, and placement.

https://platonmartinez.com/articles/supreme-court-releases-
guidelines-on-the-conduct-of-videoconferencing

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