(Eagle News) – The Supreme Court of the Philippines will allow the online filing of complaints, information, and posting of bail in a bid to further limit the physical movement of court judges, users, and personnel amid the rising cases of COVID-19 in the country.
In Administrative Circular No. 33-2020 issued March 31 by Chief Justice Diosdado Peralta, the high court outlined the procedure and reglementary periods to be observed in filing criminal complaints via electronic transmission or email, as well as the actions to be taken by the judges and other pertinent court personnel.
“Criminal complaints and Informations, together with other supporting documents, may be filed through electronic transmission or email before the proper first or second level court. Once the complaint or information is received by the court, the Clerk of Court shall refer the same to the Judge on duty who shall personally evaluate the complaint or the resolution of the prosecutor, and its supporting evidence”, the administrative circular read.
The judge, who is given three days from receipt to evaluate the case, may either immediately order its dismissal, or issue a warrant of arrest or commitment order depending on his determination of probable cause. He may also order the prosecutor to submit, also via electronic transmission, additional evidence if warranted.
The SC also allowed the online submission of bail requirements. “[O]nce the accused has submitted all the requirements for bail, which may likewise be initially electronically transmitted to the court, the judge on duty shall examine the submissions, and if complete and compliant, shall sign the approval of the bail and the consequent release order”, the circular added.
The approval of the bail and the release order shall be electronically transmitted by the judge to the Executive Judge, who in turn shall transmit it, also online, to the law enforcement authorities or detention facilities for implementation.
“The electronically transmitted approval of bail and release order by the Executive Judge shall be sufficient to cause the release of the accused”, the circular read.
It said that the initial online submission of bail requirements may also be availed of by an accused who have been charged prior to the COVID-19 public health emergency.
The Office of the Court Administrator was also given three days to to issue the guidelines to ensure proper implementation of Administrative Circular 33-2020, which shall take effect once the guidelines are issued.
The SC also clarified that procedures governing online filing of complaints shall be “in effect only during this duration of public health emergency declared by the President in accordance with existing law.”
(Eagle News Service)
