Dispute Resolution, Litigation, Arbitration

Supreme Court Allows In-Court Hearings In GCQ Areas

Pursuant to Supreme Court Administrative Circular (AC) No. 40-2020, hearings of all cases, either in-court or videoconferencing, are now authorized in areas under General Community Quarantine (GCQ). Courts must strictly observe the minimum health standards.

Below is a comparison between the guidelines on the court’s operations during an MECQ and GCQ for the period 16-31 May 2020.

MODIFIED ENHANCED COMMUNITY QUARANTINE

(AC No. 39-2020)

GENERAL COMMUNITY QUARANTINE

(AC No. 40-2020)

1. All courts shall remain physically closed to all court users until 31 May 2020.

No walk-in requests shall be entertained. All inquiries on cases and transactions shall initially be coursed and acted upon only through the hotline numbers, email addresses and/or Facebook accounts of the courts.

1. All branches of courts shall be physically open from 18 to 29 May 2020 with a skeleton-staff on a rotation basis.

No walk-in requests shall be entertained. All inquiries on cases and transactions shall initially be coursed and acted upon only through the hotline numbers, email addresses and/or Facebook accounts of the courts.

Justices, judges, and court personnel who are vulnerable to COVID-19 may work from home. The court personnel must seek prior approval of their justice or judge.

2. All courts shall continue to operate from 9:00 am to 3:00 pm from Monday to Friday until 29 May 2020.

The night courts and Saturday courts will remain suspended until 31 May 2020.

All electronic communications, however, must be transmitted by court users from 8:30 am to 2:00 pm for these transmissions to be acted upon the same day.

2. All courts shall operate from 9:00 am to 4:00 pm, Monday to Friday, until 29 May 2020.

The night courts and Saturday courts will remain suspended until 30 May 2020.

All electronic communications must be transmitted and received by the courts from 8:30 am to 3:30 pm for these transmissions to be acted upon the same day.

3. The raffle of cases shall proceed, either electronically or through videoconferencing. The judge/justices-on-duty duty arrangement is discontinued but they may report, together with their skeleton staff, if urgent.

3. The raffle of cases shall commence on 18 May 2020, either electronically in eCourt stations, or in accordance with AM No. 03-8-02-SC in non-eCourt stations, provided only the members of the raffle committee shall be physically present.

No raffle through videoconferencing shall be conducted.

4. The filing of petitions, appeals, complaints, motions, pleadings and other court submissions that fall due up to 31 May 2020 is extended for 30 calendar days, counted from 01 June 2020, but pleadings and other court submissions may still be filed by the parties within the reglementary period on or before 31 May 2020 through electronic means, if preferred and able.

In the same manner, the periods for court actions with prescribed periods are likewise extended for 30 calendar days counted from 01 June 2020.

4. The filing of petitions, appeals, complaints, motions, pleadings and other court submissions that fall due up to 31 May 2020 is extended for 30 calendar days, counted from 01 June 2020, but pleadings and other court submissions may still be filed by the parties within the reglementary period on or before 31 May 2020 through electronic means, if preferred and able.

In the same manner, the periods for court actions with prescribed periods are likewise extended for 30 calendar days counted from 01 June 2020.

5. All courts initially authorized to hear through videoconferencing only urgent matters in criminal cases involving PDL’s are now authorized to conduct videoconference hearing on all pending matters. The parties upon joint motion or the court in an order shall schedule the videoconference hearings.

All courts, including those not authorized to conduct videoconference hearing, may conduct in-court hearings only under exceptional circumstances or for urgent matters and concerns. In such case, the minimum health standards shall be strictly observed.

5. Hearings of all cases, either in-court or videoconferencing, are now authorized. The minimum health standards shall be strictly observed in in-court hearings.

In all videoconference hearings, justices or judges shall preside from the courtrooms or chambers at all times, except in circumstances where the judge or justice may preside from home. The parties upon joint motion or the court in an order shall schedule the videoconference hearings.

Decisions and orders drafted before or during the instant GCQ period may be promulgated and released. Service of writs and other court processes with the GCQ areas may likewise proceed.

6. All initiatory civil and criminal case pleadings, including criminal complaints, information, and bail application, may be filed electronically and shall be received by the courts through their respective email addresses.

Pleadings and other courts submissions on pending cases may be electronically filed directly with the branch where the case is pending if the said branch has an official email address. Otherwise, the same may be filed electronically with the Office of the Clerk of Court, which shall forward the said transmissions to the branches where the cases are pending.

6. All courts shall receive all the petitions and pleadings filed by any party. The initiatory civil and criminal case pleadings, including criminal complaints, information, and bail application, may be filed electronically and shall be received by the courts through their respective email addresses.

Pleadings and other courts submissions on pending cases may be electronically filed directly with the branch where the case is pending if the said branch has an official email address. Otherwise, the same may be filed electronically with the Office of the Clerk of Court, which shall forward the said transmissions to the branches where the cases are pending.

7. The taking of the testimony of a witness outside the court through videoconferencing is akin to the taking of a deposition upon oral examination under Sec. 1, Rule 23, as amended shall be allowed.

7. The taking of the testimony of a witness outside the court through videoconferencing is akin to the taking of a deposition upon oral examination under Sec. 1, Rule 23, as amended shall be allowed.

8. Civil weddings may be solemnized, provided the parties, witnesses and guests shall not exceed five (5) and the minimum health standards are strictly observed.

8. Civil weddings may be solemnized, provided the parties, witnesses and guests shall not exceed five (5) and the minimum health standards are strictly observed.

SUPREME COURT

1. The Supreme Court shall continue to receive petitions and pleadings electronically, in the same manner and schedule as the first level courts.

2. The decision-writing period is extended until 31 May 2020. Special en banc and division sessions may be held as needed, either in-person or videoconferencing.

3. All chiefs of offices and services of the Supreme Court shall devise Work From Home (WFH) schemes for the period 18-29 May 2020. In urgent matters, the chiefs of offices and services of the Supreme Court, together with skeleton-staff, may be required by the Chief Justice to report.

Court of Appeals, Sandiganbayan, Court of Tax Appeals

1. These courts shall continue to receive petitions and pleadings electronically, in the same manner and schedule as the first level courts.

2. They shall continue to resolve and decide pending case. Regular hearings shall be conducted through videoconferencing similar to first level courts.

3. The justices of these courts shall continue to draft decisions and orders from their residences until 31 May 2020. The decisions may be promulgated once the courts are fully operational, except decisions on urgent matters which shall be issued during the MECQ period.

4. The chief of offices and services of the appellate courts shall devise their WFH schemes. In urgent matters, the chiefs of offices and services of the court, together with skeleton-staff, may be required by to report to their respective courts.


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