SC bans sensitive photos, recordings in online trials

The Supreme Court (SC) has ordered all trial courts in the country to disallow the presentation of “sensitive photographs and recordings” as evidence in sexual abuse cases involving women and children through video conferencing or online hearings, saying it should be presented only during in-court proceedings.

In a circular issued for the SC by Court Administrator Jose Midas Marquez, the high court enjoined trial courts to comply with existing laws, rules, and regulations requiring presentation of evidence involving sensitive photographs and recordings, including sexual abuse images and sound recordings involving women and children only through in-court proceedings.

Marquez, as head of the Office of the Court Administrator, exercises administrative supervision over all trial courts in the country.

“In line with the provisions of existing laws, rules and regulations, and taking into paramount consideration the welfare of women and children, all judges and branch clerks of court of the first and second level courts are hereby directed to ensure that evidence containing sensitive photographs and recordings, including sexual abuse images and sound recordings involving women and children, shall be only presented through in-court proceedings and not through video conferencing,” the circular stated.

The SC resorted to hearing via video conferencing to keep all courts functioning to resolve urgent cases since the start of the coronavirus disease (COVID-19) pandemic in March 2020.

The SC also eventually allowed the public to view online hearings.

While quarantine restrictions have eased up somehow, courts in the country still utilize video conferencing to expedite resolution of cases.

In-court proceedings on urgent cases have been allowed but the hearings are limited only to parties, lawyers, and witnesses whose physical presence is necessary and mandated by the courts.