ONLINE FILING OF CRIMINAL COMPLAINTS AND POSTING OF BAILS DURING THE ENHANCED COMMUNITY QUARANTINE
In line with the Supreme Court Administrative Circular No. 33-2020 dated 31 March 2020, the Supreme Court allowed the filing of complaint or information and posting of bail online while the Philippines is under the state of national emergency due to COVID-19.
The filing of complaint and information and posting of bail must be read hand in hand with the SC Administrative Circular No. 32-2020 on the physical closure of the courts nationwide along with the implementation of alternative means on how to access the courts. For the complete directory of the designated courts and its contact information, please click this article:
DIRECTORY OF PHILIPPINE COURTS NATIONWIDE as of 22 March 2020.
How can you file your complaint or information online?
Criminal Complaints and Information, along with supporting evidence, may now be filed through email before the proper first and second level courts.
Once the Complaint is received by the court, the Clerk of Court shall refer the same to the judge on duty who shall personally evaluate the complaint or resolution of the prosecutor, and the supporting evidence.
How long was the period given to the judge to resolve the complaint or information?
The judge must personally evaluate the resolution of the prosecutor and its supporting evidence within three (3) days from the electronic filing..
In case of doubt on the existence of probable cause, the judge on duty may order the prosecutor to submit through electronic transmission, additional evidence within three (3) days from notice and the issue must be resolved by the court within ten (10) days from the filing of the complaint or information.
Can you apply for bail online?
Yes. The judge shall determine if the accused should be admitted to bail as a matter of right. If posting of bail is a matter of right and the accused has submitted all the requirements for bail online, the judge on duty shall sign the approval of the bail and the consequent release order.
Can the amount of bail be reduced?
Yes. Upon motion of the accused and upon giving the prosecutor a non-extendible twenty four (24) hour period to file a comment electronically.
What is the process for the issuance of the release order?
The judge on duty will transmit the approval of bail and the release order to the executive judge who will transmit the same to the proper law enforcement agency within the same day for the release of the accused.
Can the accused apply for bail online even if he was charged before the court prior to the implementation of ECQ?
Is this circular applicable even after the Enhanced Community Quarantine?
No. SC Administrative Circular shall only be applicable during the declaration of public health emergency.
For queries, updates and other legal concerns, you may contact us from Mondays to Fridays, 9:00 AM to 6:00 PM, through the following: