VANYA KLARIKA NUQUE

4/6/20
CRITIQUE ON ONLINE FILING OF COMPLAINT OR INFORMATION AND POSTING BAIL

I. Introduction

The COVID-19 infection affected numerous activities of

everyday lives. With the enhanced quarantine protocols that were
implemented, normal activities have to find a way to proceed
without risking the lives of their employees against the pandemic.

One of these activities is the way the judiciary conduct their

activities. The courts have to find a way to continue their
Constitutionally mandated duties without risking the lives of all the
parties involved.

Having this in mind, the Supreme Court released

Administrative Circular No. 33-2020 and OCA Circular No. 89-
2020. These circulars address the problem of filing complaints and
information as well as the posting of bails.

II. Summary

The paper points out some of the good contributions of the

circulars like how they provide a way for the judiciary to continue
serving the public. This is a good way of maintaining the order of
society despite the uncertainty brought by the pandemic.

However, it still focuses on the possible problem areas and

concerns that need to be expressed on the mentioned circulars.
Possible hacking incidents, lack or limited internet capacity, limited
options for banks in posting bail, to name a few.

III. Critical Evaluation

These circulars are important during this time because

everything has to be done online to follow the social distancing
instructions. The public and private sectors are also asked to
continue working at home to limit the necessity of travel and
possible exposure to COVID-19.

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CRITIQUE ON ONLINE FILING OF COMPLAINT OR INFORMATION AND POSTING BAIL

First, it provides a relief when it comes to the numerous

arrests that we see every day during this quarantine.1 In this
manner, the circulars guarantee that the accused/defendant has a
way to be able to stay with their families during this difficult time
despite the possible infractions with the law.

It was highlighted in the news that there were several citizens

who would break the quarantine instructions to seek work. On one
hand, these citizens violated the law because they went out. On
the other, they need to find a way to feed their families because
the relief goods are simply not enough.

This is an unusual time and these people should have a way

to go back with their families. The implementation of online filing
of complaint and information as well as posting of bail is a good
way of making sure that these people can go home and not stay in
jail during the duration of the quarantine period.

Second, it also provides a way for the citizens to report a

crime and file a case against the accused despite the uncertainty
COVID-19 brought.

There are certain reports that the quarantine protocol may

easily expose certain women in abused relationships in a difficult
situation. They are always in close proximity with their abuser with
no way to seek help.2 By allowing online filing, this can give the
victims an easier access to seek for help during this very trying
time.

These are some of the benefits we can highlight that the

circulars address. It provides a way for the judiciary to continue
their Constitutionally mandated duties.

1
CHR raises alarm over arrests during COVID-19 quarantine By CNN Philippines Staff – 20 March
2020 <https://www.cnnphilippines.com/news/2020/3/20/chr-covid-19-quarantine-arrests.html>
2
As Cities Around the World Go on Lockdown, Victims of Domestic Violence Look for a Way Out By
Mélissa Godin – 18 March 2020 <https://time.com/5803887/coronavirus-domestic-violence-victims/>

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CRITIQUE ON ONLINE FILING OF COMPLAINT OR INFORMATION AND POSTING BAIL

However, there are still possible problem areas and concerns

that need to be addressed. It is important to find the problem areas
to create a solution to the problem and improve the system that
has been established.

First, the need to set up an email address using an ad interim

free email account. If the Clerks of Courts (CoCs) and Branch
Clerks of Courts (BCCs) will use these email addresses to receive
sensitive and confidential documents then they will be exposed to
a possible hacking incident. These type of email addresses are
susceptible to hackers because there are numerous ways in the
internet that provide ways to hack these email addresses.

I am not sure if the protocol is the same with private firms

where they provide a secure email address per employee upon
starting with the company. This is a protective measure way to
lower the susceptibility to a hacking incident especially since they
are handling confidential matters.

It stands to reason that the documents that the CoCs and

BCCs are more important and confidential. The handling of these
documents must be through a secured line to ensure that the
documents are maintained in their original form.

If it is not their protocol to have a secured email address, then

this is the circumstance where they can justify the maintenance of
at least one or two even after the pandemic. The procedure of
online filing of complaints and information as well as posting of
bond might only be during the enhanced quarantine period,
however, this might not be the last. It is better that the judiciary
use this circumstance to slowly adjust and improve the system of
conducting these important matters online. This way the system is
slowly improved rather than only used during extreme matters.

In the circular it was also mentioned that a more secure email

address will be provided. If that’s the case, then what will happen

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CRITIQUE ON ONLINE FILING OF COMPLAINT OR INFORMATION AND POSTING BAIL

to the previous email addresses? Will they be discontinued or

maintained during the quarantine period?

This justifies further the maintenance of a secured email

addresses for the CoCs and BCCs. Hopefully, after COVID-19 there
wouldn’t any be more pandemics, but it has already showed us
how easily our normal routines can change. It would be wise to
improve the online system of filing a complaint and information
and posting bond rather than stopping the established system once
the quarantine stops.

Second, how are internet connection factored in? In our

society we have to admit that almost every person has access to
the internet. However, this access does not always mean that
every household has access to WIFI or that their data connection
is strong enough for the expected traffic of online filing and posting
of bond. There are also places in the Philippines where the signal
is not as strong and the CoCs and BCCs would need to seek another
place to fulfill their duties.

In urban cities of the Philippines it is possible to fully conduct

online business without any problems. However, this might not be
the same in other parts of the country.

I also have to mention that there are already news reports

wherein they are expecting that the internet connection within the
country will encounter problems. This is because more people are
trying to access the internet at the same time as well as more
people who are clogging the lines by watching Netflix.3

The circulars did provide for physical filing; however, they still
need to be converted into PDFs and sent to the respective people
who are at home because of the quarantine. It is acknowledged

3
Here's Why Your Internet Has Been Unusually Slow Lately By Isha Valles – 20 March 2020
<https://www.preview.ph/culture/limit-videos-watching-while-in-quarantine-slow-internet-a00284-
20200320>

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CRITIQUE ON ONLINE FILING OF COMPLAINT OR INFORMATION AND POSTING BAIL

that this is one way to solve the lack of internet connection, but it
should not be the only solution to the problem.

Third, Land Bank of the Philippines would also be working with

a skeleton-force. There are limited branches that would be opened
which can put a strain on the process. It is not a secret that on a
regular day, Land Bank is always filled with people doing their
regular business. If we also include the payment for bail at this
time, the bank itself might not be ready for the influx of people.

As an additional service, Land Bank also offer online banking.

However, the people who practice online banking are also limited.
It should also be mentioned that the people who are prone to being
arrested during the quarantine are citizen who are from the low-
earning families in the country. It is not farfetched that not only
don’t they have access to online banking, but they might not have
a bank account at all.

As a recommendation, they can also include an affiliated

bank. This can be an arrangement that will only last during the
quarantine period. This system is also not unheard of since there
are authorized banks that accept BIR and SSS payments.

IV. Conclusion

The circulars are a welcome solution to the problems we

encountered during this pandemic. It gave us the security of
knowing that law and order is still maintained despite the current
situation.

However, this does not mean that the system is automatically

perfect because there will always be room for improvement. This
situation can serve as a wake-up call for us to maximize the
technology we have. This way, not only can we can fulfill our duties
but also spend precious time with our families.

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CRITIQUE ON ONLINE FILING OF COMPLAINT OR INFORMATION AND POSTING BAIL

Our normal routines were changed that caused a lot of

adjustments. However, this is the time to be creative and find ways
to improve our systems and the circulars of the Supreme Court is
a step in a good direction. It may not be perfect, but we have time
to perfect it so that our normal routines would not always be
heavily affected when another unfortunate event happens.