SC okays e-filing of complaints, bail

By Jomar Canlas

The Supreme Court (SC) approved online filing of complaints, criminal information and posting of bail.

Administrative Circular 33-20, signed by Chief Justice Diosdado Peralta, said that the order was passed after consultation with the Supreme Court en banc and in accordance with Section 5 (5) , Article 8 of the 1987 Constitution.

The aim of the order was “to further limit the physical movement of court users, judges and personnel during this period of public health emergency as declared by the President pursuant to existing laws.”

“This will enable the courts to digitally act on the matters covered by this Circular, thereby reducing the necessity of the judge and the court staff to physically travel to their stations.”

It was stated that criminal complaints and information, together with other supporting documents, may be filed through electronic transmission or email before the proper courts.

Once it is received, the Clerk of Court shall refer the same to the Judge on duty who, within three days from the e-filing, shall personally evaluate the complaint or resolution of the prosecutor either for immediate dismissal if it fails to establish probable cause or issue a warrant of arrest or commitment order.

In case of doubt on the existence of probable cause, the judge may order the prosecutor to submit, through electronic transmission, additional evidence within three days and shall be resolved within 10 days from the filing of the complaint or information.

As to the issuance of bail, the judge on duty shall determine if the accused could be granted one as a matter of right. If so, after the accused has submitted all the requirements for bail, the judge shall examine the submissions and thereafter shall sign the approval.

The judge on duty may reduce the amount of bail, upon motion of the accused and after giving the prosecutor the opportunity to comment.

“The approval of the bail and the consequent release order shall then be electronically transmitted by the judge on duty to the Executive Judge who in turn shall electronically transmit the same within the same day to the proper law enforcement authority or detention facility to enable the release of the accused,” the order said.

Aside from this, the Executive Judge shall submit a weekly report of all pertinent data and information regarding court activities.