THE Supreme Court (SC) has approved the guidelines for the implementation of video conferencing technology that would allow those facing charges and detained in jail to testify and be cross-examined from inside their detention cells.
The “tele-hearing” which is the brainchild of Court Administrator Jose Midas Marquez is set to be pilot-tested starting September 1 in Davao.
“The Court is utilizing videoconferencing technology for inmates to eliminate the safety, security and health risks posed by personal appearance of PDLs (persons deprived of liberty) who are considered to be high-risk or afflicted with highly contagious diseases,” the SC said.
“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,” it added.
The guidelines for “tele-hearing” was approved by the SC as a full court on recommendations made by Associate Justice Diosdado M. Peralta who chairs the SC’s committee on revision of rules.
“Tele-hearing” is the SC’s term for “video conferencing” that has long been practiced and adopted during court trial of cases in the technologically advanced countries like the United States.
Based on the guidelines released, the remote appearance and testimony of an accused in video conference should closely resemble his in person courtroom testimony and experience.
The Court added that the “dignity and solemnity” of videoconferencing proceeding should be the same as those of an in-court proceeding.
“The remote location shall be viewed as an extension of the courtroom,” the SC added,
The Court has given the trial court the authority to exercise its discretion to suspend the videoconference proceeding when there are technical issues which would affect its fairness or if matters should arise warranting the PDLs’ physical appearance in the courtroom.
The guidelines will be tested for a period of not more than two years between the identified pilot areas such as Davao City Hall of Justice and the Davao City Jail; the Davao City Hall of Justice and the Special Intensive Care Area (SICA), Camp Bagong Diwa, Bicutan; and the Davao City Hall of Justice and the New Bilibid Prison, Muntinlupa City.
The SC- Public Information Office (PIO) said the Court has been ‘employing modern technology, such as using live-link television testimony in criminal cases where the witness or the victim is a child and the presentation of testimonial evidence through electronic means in both civil and criminal cases.’
It noted that in 2001, the Court gave the family courts the green light to use video-conferencing equipment in trials involving the testimonies of children.
Marquez, who exercises administrative supervision over all courts, earlier 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.”
Image credits: Aerous