"Crimes are committed every single day with or without force majeure."
"Crimes are committed every single day with or without force majeure."
Regardless of the existence of the pandemic, crimes and offenses continue to be committed whether independent of, as an incident or as a consequence of the uncertain times. With this reality, the Supreme Court issued Administrative Circular No. 33-2020 concerning Online Filing of Complaints or Information and Posting of Bail. The issuance intends to effectively limit the physical movement of judges, personnel, and court users to their stations during the period of the health emergency without sacrificing the legal reliefs available to litigants in criminal cases.
Under the circular, criminal complaints and information with the supporting documents may be filed by electronic transmission or email before the proper trial courts. The Clerk of Court will then refer the matter to the Judge on Duty who will personally evaluate the complaint or the resolution of the prosecutor (with the criminal information) within a period of three (3) days from the electronic filing. Once the records are evaluated, the Judge on Duty may: (a) dismiss the case if the evidence fails to establish probable cause; (b) issue a warrant of arrest or commitment order for a valid warrantless arrest if there is a finding of probable cause; or (c) order the prosecutor to submit, through electronic transmission, additional evidence within three (3) days from notice if there is doubt as to the existence of probable cause.
An accused arrested by virtue of a warrant or confined in prison pursuant to Section 6, Rule 112 of the Revised Rules on Criminal Procedure (RRCP) on lawful arrests without a warrant may apply for bail online. The Judge on Duty shall ascertain if the accused can be admitted to bail as a matter of right under Section 4, Rule 114 of the RRCP; otherwise, Administrative Circular No. 33-2020 on online bail application will not apply. Bail is granted, as a matter of right, to a person in custody for a criminal case: (a) before or after conviction in the Metropolitan Trial Court or Municipal Trial Court, or (b) before conviction in the Regional Trial Court for an offense not punishable by death, reclusion perpetua, or life imprisonment. The requirements for bail will be electronically transmitted and examined by the Judge on Duty, and if complete and compliant will be approved and the corresponding order of release issued. If the amount of bail initially fixed by the Judge on Duty is excessive for the accused, he may then file a motion to reduce the bail which shall be subject to the comment of the prosecutor within twenty four (24) hours from the filing of the motion; both the motion and the comment shall be electronically transmitted. The approved bail and the order of release shall be electronically transmitted by the Judge on Duty to the Executive Judge of the judicial station who will in turn electronically transmit the same to the law enforcement authority or detention facility. The electronically transmitted approved bail and release shall be sufficient to cause the release of the accused.
In instances when online bail is not applicable, Sections 5 and 8, Rule 114 of RRCP will apply. It means that if the accused is charged with a grave offense punishable by death, reclusion perpetua, or life imprisonment (known as non-bailable offenses), or if convicted by the Regional Trial Court for a not so grave offense (known as discretionary bail), a hearing is required since the relevant court would have to determine the propriety of granting bail to the accused. There is even a special requirement of a “summary hearing” for non-bailable offenses under Section 10 (a) of the Revised Rules on Continuous Trial. The purpose of the hearing is to allow the prosecution to establish in open court that the evidence of guilt against the accused is strong, or that the accused is entitled to bail while his appeal is pending before the higher court. An online or electronic type of hearing is clearly not contemplated by Administrative Circular No. 33-2020 considering that it is only a temporary and swift legal recourse to address simple and less contentious legal issues at this time of the pandemic.
It does not mean, however, that an accused detained for non-bailable offenses or who wants to apply for discretionary bail is left without a remedy. As provided in Administrative Circular No. 31-2020, the Supreme Court down to the first level courts (Metropolitan/Municipal Trial Courts) shall maintain the necessary skeletal staff to address urgent matters brought before them. While all hearings are suspended during this period, pleadings in relation to bail and habeas corpus, promulgation of judgments of acquittals, and reliefs for those who may be arrested and detained, among others, may still be acted upon by the pertinent courts.
Crimes are committed every single day with or without force majeure. Hence, our Judiciary, true to its calling, continues to play its vital role in maintaining order in a democratic society—by bringing lawbreakers into the fold of law, seeing to it that due process is observed, and assuring the general public, with the continuous operations of the courts, that the Rule of Law prevails even in these unsettling times.