SC tackles issues against videoconference in court trials

Leonen explained that transparency in court proceedings would mean a public trial.

“As you can see under Zoom this is not public enough. In other words, I cannot see the audience, so if I were a judge conducting a hearing, I do not see feedback coming from the audience, a witness will not be able to feel the presence of the public and therefore that also goes to the memory and truthtelling of a particular witness,” Leonen said.

“As you may all know, a speedy and public trial is guaranteed under the Constitution,” he added.

The associate justice, however, expressed optimism that the Court will be able to find “digital and technological solutions” to the issue.

Leonen also noted recent efforts to address such issues, including CJ Peralta’s formation of a subcommittee on the E-notary headed by Associate Justice Benjamin Caguioa.

“I just learned yesterday that they have made an initial report to the Chief Justice and soon enough I think the draft will be shared with the members of the Court,” he disclosed.

Leonen added that the Chief Justice has also created a subcommittee which he himself chairs that looks into all issues concerning videoconferencing trial.

“Both the issues that come out from experience as well as all of these substantive, constitutional and statutory issues that are being raised by the justices as well as some of the judges who conduct the trial, the videoconference trial or the parties that have experienced it,” the associate justice said. Joel R. San Juan