Court Operations During the Modified Enhanced Community Quarantine (MECQ) and General Community Quarantine (GCQ)
Date May 19, 2020
Author Atty. Eduardo A. Martinez
Attys. Kristine R. Bongcaron and Ernest Gene P. Reyes
In light of certain high-risk areas in the country, the Inter-Agency Task Force (IATF) for the Management Emerging Infectious Diseases issued Resolution No. 35[1] placing the Province of Laguna, the National Capital Region, and the City of Cebu under Modified Enhanced Community Quarantine (MECQ) and other areas under General Community Quarantine (GCQ) from May 16, 2020 until May 31, 2020.
Under both the MECQ and GCQ, certain restrictions on travel and lockdown measures were eased. With such easing of restrictions, the Supreme Court of the Philippines issued Administrative Circular No. 39-2020 dated May 14, 2020[2] and Administrative Circular No. 40-2020 dated May 15, 2020[3], to establish the court processes and the filing of documents in these areas, including videoconferencing of hearings and electronic submissions of documents particular to areas under MECQ and GCQ.
A. General Guidelines
1. Physical access to courts
· MECQ
Under Administrative Circular No. 39-2020, all courts shall remain physically closed to all court users until May 31, 2020 and may be initially reached only through their respective hotline numbers and email addresses as posted on the Supreme Court website.
The courts shall however, remain to operate form 9:00am to 3:00pm, Monday to Friday, until May 29, 2020. All electronic communications must be transmitted to and received by the courts from 8:30 am to 2:00 pm for these to be acted on the same day.
For a list of court hotlines and email addresses, kindly refer to this link: http://sc.judiciary.gov.ph/hotlines/ .
· GCQ
Under Administrative Circular No. 40-2020, all courts in the areas shall be physically open from May 18, 2020 to May 29, 2020 from 9:00 am to 4:00 pm, but shall function only with a skeleton staff. All electronic communications must however be transmitted to and received by the courts from 8:30 am to 3:30 pm for these to be acted on the same day.
While the courts shall be physically open, all inquiries and requests for documents and services shall be initially coursed only through the hotline numbers and email address accounts of the courts.
2. Raffle of cases
· MECQ
The raffle of cases shall proceed electronically and through videoconferencing. However, in the exigency of service, justices, judges, and court officials, together with their skeleton staff, may go to their respective courts.[4]
· GCQ
The raffle of cases shall commence on May 18, 2020 electronically in eCourt stations or regularly in non-eCourt stations, provided that only members of the Raffle Committee will attend the raffle. No raffle through videoconferencing shall be conducted in the court stations.[5]
3. Extension of period to file in MECQ and GCQ areas
The filing of petitions, motions, pleadings, and other submissions that fall due up to May 31, 2020 is extended for thirty (30) days to be counted from June 1, 2020. However, these submissions may be filed within the reglementary period on or before May 31, 2020 through electronic means, if preferable and able. Also, periods for court actions with prescribed periods are likewise extended for thirty (30) calendar days counted form June 1, 2020.[6]
4. Prohibited and allowed gatherings in MECQ and GCQ areas
Civil weddings may be solemnized, provided that the parties shall not exceed five (5) for areas under MECQ and ten (10) for areas under GCQ. Further, rules as to social distancing and medical and hygiene protocols should be strictly followed. [7]
All official meetings, seminars and trainings are prohibited until May 31, 2020 except those that may be held through videoconferencing or allowed by the Chief Justice or by Judiciary Task Force on COVID-10.[8]
B. Specific Guidelines
1. Courts under MECQ
Supreme Court
The Supreme Court shall continue to receive petitions and pleadings electronically in accordance with the rules discussed earlier under A. General Guidelines, Physical Access to Courts, MECQ.[9]
Court of Appeals, Sandiganbayan, and Court of Tax Appeals
The Court of Appeals, Sandiganbayan, and Court of Tax Appeals shall continue to receive petitions and pleadings electronically as discussed under A. General Guidelines, Physical Access to Courts, MECQ.[10]
The said courts shall continue to resolve pending cases, and regular hearings shall be conducted through videoconferencing. The decisions of these courts may be promulgated or issued once the courts are fully operational, except those on urgent matters which shall be promulgated or issued during the MECQ.[11]
Regional Trial Courts, Family Courts, and First Level Courts in MECQ
a. Filings and court submissions
All initiatory pleadings in criminal and civil cases, including criminal complaints, informations and applications for bail may be filed electronically with these courts through their respective email addresses. Pleadings and other court submissions on pending cases may likewise be submitted electronically with the branch where the case is pending should the branch have an official email address. Otherwise, the submissions may be filed electronically with the Office of the Clerk of Court.[12]
b. Hearings through videoconferencing
All courts enumerated under Administrative Circular No. 37-2020[13] and Office of the Court Administrator Circular No. 93-2020[14] are now authorized to hear all matters pending before them, in both criminal and civil cases, through videoconferencing. Under exceptional circumstances, in-court hearings may likewise be conducted by these courts.[15]
For courts which are not authorized to conduct hearings through videoconferencing, they may conduct in-court hearings only on urgent matters and other concerns to expedite the proceedings
For a list of authorized courts for videoconferencing hearings, kindly refer to these links:
http://sc.judiciary.gov.ph/11310/ and http://sc.judiciary.gov.ph/11249/.
c. Taking of testimony of a witness
The taking of the testimony of a witness through videoconferencing shall be allowed. Documents and affidavits shall be received by the court and the parties at least three (3) days prior to the scheduled videoconferencing hearing if a witness will be testifying on the following:
(i) duly subscribed written statements given to law enforcement or peace officers, or
(ii) affidavits or counter-affidavits submitted before the investigating prosecutor, or
(iii) judicial affidavits, subject to additional direct and cross-examination questions.[16]
2. Courts under GCQ
a. Filings and court submissions
Modes of filings and extended deadlines for court submissions are the same as with Regional Trial Courts, Family Courts, and First Level Courts under MECQ, with the addition that all courts in GCQ areas shall receive all the petitions and pleadings filed by any party.[17]
b. Hearings
The hearings either in-court or through videoconferencing in all matters pending before the courts in GCQ areas shall be authorized. However, health hygiene and medical standards and social distancing shall be strictly observed in in-court hearings.[18]
In all videoconferencing hearings, justices or judges shall preside from the courtrooms or chambers at all times unless in exceptional circumstances where they may preside at home.
c. Taking of testimony of a witness
The guidelines as to taking of testimony of a witness in courts in GCQ areas is the same as those provided for Regional Trial Courts, Family Courts, and First Level Courts in MECQ areas mentioned above.[19]
d. Decisions and orders
Decisions and orders of courts in GCQ areas may be promulgated and released during the period of GCQ. Likewise, service of writs and other courts processes may proceed.[20]
Although under the MECQ and GCQ restrictions on the lockdown measures and travel of persons have been slightly eased, this does not mean that the threat of COVID-19 is no longer present. Hence, the need for strict observation and compliance with the rules promulgated by the Supreme Court.
It is apparent from the circulars discussed above that they are intended to be effective only until May 31, 2020. The expected “second wave” of COVID-19 cases may however push the Supreme Court to prolong the period during which Administrative Circulars Nos. 39 and 40 are to be observed, if not to return to the more stringent measures under its ECQ issuances. Considering uncertainties in relation to the COVID-19 situation in the country, rather than issuing various interim rules, it may be high time for the Supreme Court to issue an all-encompassing set of rules that may be observed and implemented at whatever level of lockdown or quarantine, for as long as the COVID-19 threat is present.
[1] Inter-Agency Task Force for the Management Emerging Infectious Diseases Resolution No. 35, dated May 11, 2020.
[2] Administrative Circular No. 39-2020, dated May 14, 2020 on Modified Enhanced Community Quarantine in Certain Areas Until 31 May 2020.
[3] Administrative Circular No. 40-2020, dated May 15, 2020 on Courts in Areas Placed under General Community Quarantine from 16 to 31 May 2020.
[4] 3, Administrative Circular No. 39-2020, dated May 14, 2020.
[5] 5, Administrative Circular No. 40-2020, dated May 15, 2020.
[6] 4, Administrative Circular No. 39-2020, dated May 14, 2020; 11, Administrative Circular No. 40-2020, dated May 15, 2020.
[7] 5, Administrative Circular No. 39-2020, dated May 14, 2020; 10, Administrative Circular No. 40-2020, dated May 15, 2020.
[8] 6, Administrative Circular No. 39-2020, dated May 14, 2020; 14, Administrative Circular No. 40-2020, dated May 15, 2020.
[9] 8, Administrative Circular No. 39-2020, dated May 14, 2020.
[10] 12, Administrative Circular No. 39-2020, dated May 14, 2020.
[11] 13 &14, Administrative Circular No. 39-2020, dated May 14, 2020.
[12] 16, Administrative Circular No. 39-2020, dated May 14, 2020.
[13] Administrative Circular No. 37-2020, dated April 27, 2020 on Pilot Testing of Hearings of Criminal Cases Involving Persons Deprived of Liberty Through Videoconferencing.
[14] Office of the Court Administrator Circular No. 93-2020, dated May 4, 2020 on Implementation of Supreme Court Administrative Circular No. 37-2020 on Pilot Testing of Hearings of Criminal Cases Involving Persons Deprived of Liberty Through Videoconferencing.
[15] 17, Administrative Circular No. 39-2020, dated May 14, 2020.
[16] 18, Administrative Circular No. 39-2020, dated May 14, 2020.
[17] 4, Administrative Circular No. 40-2020, dated May 15, 2020.
[18] 6, Administrative Circular No. 40-2020, dated May 15, 2020.
[19] 9, Administrative Circular No. 40-2020, dated May 15, 2020.
[20] 12, Administrative Circular No. 40-2020, dated May 15, 2020.