A MAJOR change in the landscape of court proceedings in the country is in the offing with the impending approval by the Court of a new method of obtaining court testimonies from parties in criminal cases dubbed “tele-hearing.”
The tele-hearing, a brainchild of Court Administrator Jose Midas Marquez, has been approved in principle by acting Chief Justice Antonio Carpio, according to the former.
“If this turns out well, this can pave the way for remote testimony,” Marquez said.
He added even Filipinos working abroad would benefit from the project because this will allow them to testify in hearings in Philippine courts without having to travel back to the country.
Marquez, who exercises administrative supervision over all courts, said studies on the effects of adopting video testimony in trial procedures revealed that this helps ensure “court security, cuts court costs, expedites arrest processing and provides an accurate and instantaneous record.”
Further studies have shown that video conferencing will likely reduce security issues and costs of transporting inmates from jail to court, among its other significant advantages.
The court administrator added that the tele-hearing method would somehow address jail overcrowding, decongest court of cases and result in speedy disposition of cases.
Considering these advantages, Marquez has recommended the pilot-testing of the tele-hearing project in Davao City.
“If pilot-testing of tele-hearing of criminal cases in Davao City will show and prove that the rights of the accused stay and remain protected and are not all compromised, this can be rolled out nationwide,” the court administrator said.
“Then new rules can be adopted where our OFWs [overseas Filipino workers] can testify in hearings here in the Philippines while they are abroad,” he added.
Marquez recommended the pilot-testing of the project in Davao since the idea of using such technology came from the provincial jail warden, Supt. Grace Sun Taculin of the Bureau of Jail Management and Penology (BJMP).
Taculin wrote Davao City Executive Judge and Presiding Judge of the Regional Trial Court Branch 16 Emmanuel Carpio on November 28, 2017, requesting approval for the installation of a 100-foot monopole tower with accessories and structured cabling within the Hall of Justice in Davao City. The purpose: to link it to the three city jails in the province to pave the way for the implementation of tele-hearings.
The jail warden also sought the issuance of guidelines on the conduct of tele-hearing once it is approved.
In making the request, Taculin cited the threat and risks to the security of transporting inmates from the three city jails in Davao City—the Davao City Jail Main, the Davao City Jail Annex and the Davao City Female Jail—to the court.
Many of the inmates at the said three jails, according to Taculin, are considered “high-value targets” who could pose a threat to the security of jail facilities as well as the community, and one of the serious risks happens during the transporting of such inmates to the court to personally appear during court proceedings.
Hundreds of arrested members of Maute, Abu Sayyaf, New People’s Army and Moro Islamic Liberation Front are currently detained in the three jails pending the resolution of their cases.
Furthermore, Taculin said the conduct of a tele-hearing may be necessary in order to prevent the spread of diseases inside the confines of the court, considering that a number of inmates are afflicted with highly contagious diseases like tuberculosis.
Then, there’s the humanitarian consideration: some ailing inmates cannot travel to the courts, thus, may result in their failure to fully exercise their right as an accused.
The letter was endorsed by Judge Carpio to the Office of the Court Administrator (OCA) for consideration and appropriate actions.
Pros and cons
MARQUEZ, however, acknowledged that the implementation of the project may raise constitutional issues, particularly on the provision that guarantees due process for the defendants in criminal cases.
Section 14, Article III of the Constitution provides that the accused should be presumed innocent until proven otherwise and should be accorded the right to meet the witnesses face to face during trial stage of the case.
Aside from these, he said tele-hearings may also violate Section 1, Rule 115 of the Rules of Criminal Procedure (RCP) which guarantees the rights of the accused at the trial.
The said provision states that the accused is entitled “to be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of judgment” as well as “to confront and cross-examine the witness against him at the trial.”
Marquez also noted that Section 1, Rule 11 of the RCP requires the accused to be personally present during his arraignment and to personally enter his plea.
In its previous rulings, Marquez said the Supreme Court has recognized the importance of giving the accused the opportunity to confront witnesses face to face.
Marquez said, as ruled by the Court, this would afford the accused an opportunity to test the testimony of witnesses by cross-examination and allow the judge to observe the manner of witnesses.
The said constitutional requirement, the court administrator said, ensures that the witness will give his testimony under oath to discourage lying under the threat of perjury charge.
Despite these constitutional issues, Marquez said several countries have adopted the use of video conferencing during court proceedings.
Confrontation not absolute
HE cited the US Supreme Court ruling in Maryland v. Craig 1988, which held that the confrontation clause is not absolute.
It further explained that “although the confrontation clause reflects a preference for face-to-face confrontation at trial, it is a preference that must occasionally give way to consideration of public policy and necessities of the case.”
Our own High Tribunal, according to Marquez, also recognized that “grave and overriding considerations of public interest justify restrictions even if made against fundamental rights.”
“The presence of different armed insurgency groups, especially in Mindanao, which consistently poses critical security threats not only in jail facilities, but also in the courts, is an important public policy and compelling state interest that need to be balanced with the individual constitutional rights,” Marquez said.
“In a similar manner, inmates and detainees who are sick with highly contagious diseases, and who are hindered from traveling to the courts due to their illness, also present the same public policy consideration in relation to public health,” he added.
Network woes
UNDER the proposed guidelines for the pilot-testing of the project in three Davao jails, Marquez said it will be implemented in all stages of active and pending criminal proceedings, that is, from arraignment, bail hearing, trial proper until promulgation of judgment.
The trial court will have the authority to approve the use of tele-hearing considering the clarity of the video and audio transmissions.
“The only main factor is the clarity of both video and audio transmissions to and from the jail and courts. The accused must be able to see clearly from the video the facial expressions and the demeanor of witnesses against him who are in the different place. He must also see the judge. And vice versa. Audio must also be clear that it can easily be understood from and by both ends,” Marquez explained.
Still, tele-hearing will only be allowed for cases involving terrorism and terrorism-related cases, and where the accused is diagnosed with a serious and highly contagious medical condition.
The conduct of tele-hearing will also require the presence of the counsel of accused in the jail facility designated for tele-hearing to ensure that constitutional rights of the accused are protected.
The trial court judge may also order motu propio or upon the motion of any of the parties to suspend the proceedings in case of the malfunctioning of the technology or slow network connections.
Marquez admitted that telecommunication issues, particularly weak and slow network connection, are a major concern in the implementation of the project, but he is optimistic that this will eventually improve in the coming months.
“We are hoping that our network connections will improve. There is no other direction but improvement,” he said.
Marquez also said the cost of setting up the system would only be minimal, thus, budget should not be an issue.
“The Judiciary can shoulder for the courts. Hopefully, the BJMP can shoulder for the jails. With advancement in technology, this is becoming cheaper and cheaper. So the cost should not be prohibitive,” he said.
Marquez said a report and recommendation will be submitted by his office to the Court en banc after six months from the time the tele-hearing commenced.
The proposal, according to Marquez, is pending approval by the Court.
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