To ensure the safety of everyone amid the COVID-19 pandemic, the Commission on Elections has allowed video conferencing in the conduct of hearings and investigation in all cases, excluding election offense cases.
"Hearings/investigations/inquiries, including preliminary conferences and marking of exhibits, via video conference may be made available to all cases (except election offense) falling within the jurisdiction of the Commission, if the same are necessary and cannot be substituted by filing of appropriate pleadings," Comelec said in Resolution No. 10673 dated June 25.
"Guided by the various issuances of the Highest Tribunal and other collegiate courts, the Commission deems it proper to introduce additional devices platforms, and mechanisms in the filing of pleadings and other court submissions conducting hearings, and other court processes to ensure the safety of all concerned against the ongoing pandemic," it added.
The poll body said the conduct of hearing via video conference shall only use the officially approved platform which contains the applications to host such hearings as well as provide for the official e-mail accounts of the concerned personnel and departments of the Commission.
It added that the Notice of Hearing via video conference shall be sent by the Clerks of Court of the Commission or the Division Clerk of Court concerned, using their official e-mail account, to the counsel's or party's e-mail addresses on record.
On the conduct of hearings, the Comelec said only the Clerks of Court of the Commission or the Division Clerks of Court concerned or Campaign Finance Officer shall host all hearings by video conference using only the official platform approved by the Commission.
According to the poll body, attendees of the hearing via video conference shall ensure that they are "visible" to all the participants at all times during the entire proceedings
It added that the formality, dignity, and solemnity of court proceedings shall be observed at all times with the participants expected to be in appropriate attire.
For election offense cases, the Comelec said the preliminary or fact-finding investigations shall be conducted thru submission of pleadings.
"The presence of the parties or their authorized representatives shall be dispersed with Counter-Affidavits, Reply, Rejoinder, or any other pleadings may now be submitted either thru registered mail or e-mail," the Comelec said.
"In the event that clarificatory hearing is necessary, the same shall be conducted through submission of judicial affidavits either via registered mail or e-mail."