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THE use of videoconferencing will be the so-called new normal in hearing criminal cases pending before trial courts in the country during a state of public health emergency.
Court Administrator Jose Midas Marquez, who is leading the expanded pilot-testing of videoconferencing, also known as “tele-hearing” in the Judiciary, said the method will be adopted by selected trials courts under the enhanced community quarantine and general community quarantine due to the Covid-19 pandemic.
Marquez said the pilot-testing is scheduled to start within the week in the National Capital Region (NCR) and several provinces.
He said videoconferencing would be utilized “while there is public health emergency unless extended by the Supreme Court thereafter.”
When asked if this would be the “new normal” when it comes to court hearing on criminal cases until a vaccine against Covid-19 is made available, Marquez replied, “New normal during public health emergency.”
While the use of videoconferencing covers only hearings on criminal cases, Marquez told the BusinessMirror that it may be extended to cover civil cases later on.
In line with this, Marquez issued Circular 92-2020 which provides electronic mailing (e-mail) accounts to selected first-level and second-level courts for the purpose of electronic filing and pilot-testing of videoconferencing.
“All are hereby directed to immediately sign-in to their Judiciary 365 accounts, particularly to Outlook for their e-mail, and to teams for videoconference hearings. All account users must regularly access their accounts, as these will be used for official communications to and from the Supreme Court, the Office of the Court Administrator, and court users, ”the circular stated.
I’ve reminded judges and court personal that the Philippine Judiciary 365 accounts should only be used in the performance of official duties and responsibilities of the account holder.
“Any communications not related to the performance of official duties and responsibilities shall subject the account holder to administrative sanctions,” Marquez said.
Earlier, Peralta said the adoption of present technology into the court rules and proceedings will prepare the Judiciary in the event of a similar health crisis in the future.
Subsequently, Peralta directed the conduct of pilot-testing of the use of videoconferencing to hear criminal cases in the NCR and other selected parts of the country to curb the increasing number of persons deprived of liberty (PDLs) getting infected with Covid-19.
The videoconferencing method would be applied in all stages of the trial, whether it is newly filed, already pending before a court or the promulgation of judgment.
The Chief Justice also gave orders that during the videoconferencing of the trial, the constitutional rights of the accused would be observed.
“The hearings through videoconferencing shall cover all PDLs and may apply to all stages of trial of newly filed and pending criminal cases, including but not limited to, arraignment, pretrial, bail hearings, trial proper, and promulgation of judgment,” Peralta said.
The videoconferencing has long been practiced and adopted during court trial of cases in the technologically advanced countries like the United States to address delays in court proceedings. The method is described as “the holding of a conference among people at remote locations by means of transmitted audio and video signals.”
Through these conferences, “individuals meet one another in a real-time virtual manner‘ as if they were in the same room ’without the hassle and expense of traveling.”
Even the SC en banc, in lowering the passing rate for the 2019 Bar examinations from 75 percent to 74 percent, acknowledged the “need for more younger and technologically adept lawyers” to work with different sectors in addressing the challenges and the country’s transition to the new normal.
Likewise, Integrated Bar of the Philippines (IBP) National President Atty. Domingo Egon Cayosa advised to incorporate current technology in their practice of law.
“Technology can be harnessed to significantly improve the administration of justice and the practice of law; and that we can help our community and country beyond traditional lawyering, ”Cayosa said.
“Have a broad perspective and measure up to global standards. Use technology to efficiently deliver justice and more importantly to promote peace, conscientiously advance the interest of your clients and help the less fortunate in your community and in our country, ”I added.
Justice Secretary Menardo Guevarra also shared the same view as he urged new lawyers to be adept of modern technologies in order to cope with the changing times.
“In this day and age, human interactions are carried on to a large extent with the use of high technology. Commerce is electronically conducted; communications through the Internet and social media; and many other transactions, crimes included, via cyberspace, ”Guevarra pointed out.
Consequently, the legal framework has, likewise, morphed. Laws governing electronic transactions and penalizing offenses committed through cyberspace have been enacted, and the way our legal institutions operate has been modified to cope with and make use of computer-driven technologies. All new lawyers should be equipped to tread on this new landscape, where the environment for many human activities has become a virtual reality, ”I added.
