Supreme Court allows online filing of cases, bail amid COVID-19 emergency

The Supreme Court (SC) has allowed the online filing of cases and posting of bail during the coronavirus disease (COVID-19) public health emergency. 

Chief Justice Diosdado Peralta on Tuesday issued an administrative circular that he said is meant to lessen the "necessity of the judge and court staff to physically travel to their stations." 

Chief Justice Diosdado Peralta issues A.C. No. 33-2020 addressed to all litigants, judges and personnel of the first and second level courts, and members of the Bar on the online filing of complaint or information and posting of bail due to the rising cases of COVID-19 infection pic.twitter.com/Ro7bqQbcXh

— Supreme Court Public Information Office (PIO) (@SCPh_PIO) March 31, 2020

According to the circular, criminal complaints and informations and their supporting documents may be emailed to the proper first- or second-level court. 

Within three days, the judge on duty must evaluate the filings and decide to either immediately dismiss the case or issue a warrant of arrest or a commitment order. The judge may also order the prosecutor to electronically submit additional evidence, the circular states. 

If a judge decides an accused should be granted bail, the circular states the requirements for bail may also be electronically transmitted to the court to be examined by the judge, who would approve it and order the provisional release if the requirements are complete. 

The judge may reduce the amount of bail upon a motion of the accused and comment of the prosecution, according to the issuance. 

Peralta also ordered the Office of the Court Administrator (OCA) to "identify and inform the respective courts of the available accredited sureties which may, whenever necessary, promptly issue the appropriate bail bonds during this public health emergency period."

The approval of the bail and the release order will also be electronically transmitted to the law enforcement authority or detention facility that has custody of the accused. 

"The electronically transmitted approval of the bail and release order by the Executive Judge shall be sufficient to cause the release of the accused," Peralta wrote. 

Executive judges are to submit to the OCA a weekly report of all pertinent information on their court's activities pursuant to the new circular, and the OCA will submit a regular report or recommendations to the SC en banc for monitoring and revisions if necessary, according to the issuance. 

Peralta ordered the OCA to issue the guidelines within three days from Tuesday, upon which the circular will take effect. 

"Unless otherwise directed, this procedure shall be in effect only during this duration of public health emergency declared by the President in accordance with existing law," the chief justice said. 

Prior to this, the SC ordered the physical closure of all courts nationwide, an arrangement in which judges and their staff would only go to their respective courts to act on urgent matters. —KG, GMA News