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Thursday, March 28, 2024

PH judiciary shares ‘new normal’ to ASEAN neighbors

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The Supreme Court has shared with leaders of judiciary in the three Association of Southeast Asian Nations its so-called “new normal” in dispensing justice during the new coronavirus pandemic.

During the first webinar about “Justice in times of COVID-19” hosted by the Judicial Integrity Network in ASEAN, the Supreme Court through Court Administrator Jose Midas Marquez told participants how Philippine courts continue to function and dispense justice during the coronavirus pandemic.

Under the new normal for the Philippine judiciary, Marquez said that 22,522 persons deprived of liberty have been released through videoconferencing hearings.

Aside from Marquez, those who also participated as speakers during the virtual seminar were Sundaresh Menon, Chief Justice of Singapore; Judge Andriani Nurdin, Vice President of the High Court of Jakarta; and Tan Sri Azahar Mohamed, Chief Judge of Malaya.

The virtual forum was moderated by (Ret.) Acting Chief Justice and Justice of the Supreme Court of Sri Lanka Shiranee Tilakawardane.

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All the magistrates acknowledged how their respective judiciaries utilized technology so as not to disrupt judicial work and operations to ensure access to justice, transparency, and fair trials especially during this time when physical distancing is strictly being enforced.

In his presentation entitled “Virtual Courts in Response to COVID-19: The New Normal for the Philippine Judiciary,” Marquez took pride in sharing how the Philippine courts pilot-tested virtual hearings to combat the challenge of jail congestion even way before the lockdown in the country which began in March.

Approved in June last year, Marquez said the Guidelines on the Use of Videoconferencing Technology for the Remote Appearance and Testimony of Certain Persons Deprived of Liberty, or PDLs, in Jails and National Penitentiaries were implemented and pilot-tested three months after, or in September 2019 in Davao City courts. The virtual hearings were limited to 22 courts until COVID happened.

In March this year, Chief Justice Diosdado M. Peralta, in response to the “exponential spread of Covid-19 cases in the country,” issued Administrative Circular 31-2020, and ordered that all 2,630 courts nationwide to drastically reduce operations and to maintain only the necessary skeleton-staff to immediately act on urgent matters brought before them. But he emphasized that the Constitution and the laws were not suspended, and that the “courts are not shutting down in times of emergencies.”

Taking off from the Davao experience, the SC, on the order of Chief Justice Peralta, immediately provided some 1,000 trial courts in key cities nationwide with official Philippine Judiciary 365 accounts each. The Philippine Judiciary 365 has enabled all court stations nationwide to receive pleadings electronically and select courts in key cities to conduct video conferencing hearings.

Marquez explained that these 1,000 trial courts were initially authorized to pilot-test the conduct of videoconferencing hearings only on urgent matters in criminal cases involving PDLs.

“The Court, however, eventually expanded the coverage of videoconference hearings to all matters pending before (the courts), in both criminal and civil cases, whether newly-filed or pending, and regardless of the stage of trial,” Marquez said.

The Court Administrator also said that some 350 more courts were authorized to conduct videoconferencing hearings bringing the total number to 1,350 courts.

Marquez, who has administrative supervision over all lower court judges and personnel, noted that while parts of the country were still on lockdown, 3,201 videoconferencing hearings have already been conducted by judges, and some 22,522 PDLs have been released since the lockdown, either through bail or recognizance, or after serving the minimum imposable penalty for the crime they were charged.

He noted that the videoconferencing hearings resulted in the decongestion of the country’s jail facilities, as well as eliminated the risk of further spread of COVID-19 infection to the inmates inside the jail facilities.

“All told, the new normal can be justice is accessible to everyone at all times. We just have to embrace enabling technologies that are reliable, malware-free and Covid-free,” Marquez said.

The SC official said Philippine courts are employing videoconferencing technology for inmates to eliminate safety, security and health risks posed by the personal appearance of PDLs who are “considered to be high-risk or afflicted with highly contagious diseases.”

“Such risk is not only posed on the accused but also to judges, court personnel, and the public in general. This will also guarantee the accused’s rights to be present and confront witnesses against them and to ensure the continuity of proceedings in criminal cases,” he said.

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