10. Motion to Participate Through Videoconferencing (AM 24-11-02- SC, Sec. 5)

Motion to Participate Through Videoconferencing

Concept

A motion to participate through videoconferencing asks the court to allow participation in a proceeding through real-time video and audio communication. Videoconferencing may be fully remote, where no participant is physically inside the court, or partially remote, where at least one participant is inside the court. The court remains in control of the proceeding. (Sec. 2, A.M. No. 24-11-02-SC)¹ (Sec. 1, A.M. No. 24-11-02-SC)²

Governing provisions

Section 4 of A.M. No. 24-11-02-SC allows parties in civil and criminal cases, through counsel and individually or jointly, to move by written or oral motion to participate through videoconferencing. Section 5 prescribes the filing period and contents of a written motion, whether the concerned party is in the Philippines or abroad. (Sec. 4, A.M. No. 24-11-02-SC)³ (Sec. 5, A.M. No. 24-11-02-SC)⁴

Requisites / Rules

• Electronically file and serve the written motion at least seven calendar days before the scheduled hearing. Electronic filing and service are governed by the relevant Rules of Court and Supreme Court issuances. (Sec. 5, A.M. No. 24-11-02-SC)⁴ (Sec. 10, A.M. No. 24-11-02-SC)⁵
• State the names of the witnesses to be presented and identify the documentary or object evidence intended to be presented. (Sec. 5, A.M. No. 24-11-02-SC)⁴
• State each participant’s expected location and the valid email addresses of the concerned parties and their counsel, as provided under Rule 13-A. (Sec. 5, A.M. No. 24-11-02-SC)⁴
• State that the movant and intended witnesses are technically ready, including having an internet bandwidth connection of at least 4 Mbps. Present or attach proof of technical readiness. (Sec. 5, A.M. No. 24-11-02-SC)⁴
• The adverse party may electronically file and serve a comment within three calendar days from receipt of the motion. If that party will also participate through videoconferencing, the comment must state the concerned participants’ technical readiness. (Sec. 6, A.M. No. 24-11-02-SC)⁶

Distinctions

Section 4 recognizes either a written or an oral motion; Section 5 specifically sets the requirements for a written motion. A written motion is subject to the seven-calendar-day electronic filing and service requirement and must contain the prescribed participant, evidence, location, email, and technical-readiness details. (Sec. 4, A.M. No. 24-11-02-SC)³ (Sec. 5, A.M. No. 24-11-02-SC)⁴

Key doctrines

Remote participation does not dispense with courtroom standards. Remote locations are treated as extensions of the courtroom; proper decorum, dignity, and solemnity must be observed. Participants appearing remotely must have sufficient connectivity, devices, and equipment, and must be in a location appropriate for videoconferencing. (Sec. 1, A.M. No. 24-11-02-SC)²

Exceptions

In a criminal case, when videoconferencing specifically involves confronting a witness, the motion must be accompanied by the accused’s waiver of the right to meet witnesses face to face. Videoconferencing is a preferred mode for proceedings involving persons deprived of liberty and children in conflict with the law; the court may also order videoconferencing on its own instance at any or all stages. (Sec. 4, A.M. No. 24-11-02-SC)³

Bar tip

For a written motion, check the seven-calendar-day deadline, electronic filing and service, every required statement, and attached or presented proof of technical readiness. If witness confrontation is involved in a criminal case, check the accused’s waiver as well. (Sec. 5, A.M. No. 24-11-02-SC)⁴ (Sec. 4, A.M. No. 24-11-02-SC)³