Philippines - Courts in Areas under General Community Quarantine (GCQ) to Reopen on May 4, 2020

1. Supreme Court Administrative Circular No. 36-2020 [1] (Re: Areas Placed Under General Community Quarantine from 1 to 15 May 2020, dated April 27, 2020) directs the opening of all court branches in areas covered by the General Community Quarantine (GCQ) [2] beginning May 4, 2020, but they “shall function only with a skeleton-staff to assist the judge, and shall act only on urgent matters.”
 
There is an enumeration of the areas under GCQ in the circular.
 
High-risk areas, which include Metro Manila, are under Enhanced Community Quarantine (ECQ) until May 15, 2020 and courts in such places continue to be physically closed (see SC Administrative Circular No. 35-2020 [3]).
 
2. The circular further laid out the following conditions:
 
a. Courts in areas under GCQ shall operate from 9:00 AM- 3:00 PM. Night courts and Saturday courts remain suspended until May 15, 2020. All hearings in these GCQ areas shall remain suspended until May 15, 2020, except those on urgent matters. Judges have the discretion to “set for hearing other urgent matters or concerns to expedite the proceedings or the disposition of the cases pending before the courts.” Urgent matters include, but are not limited to, bail and habeas corpus proceedings, promulgation of judgments of acquittals, reliefs for arrests, and other matters (see SC Administrative Circular No. 31-2020 [4], which we discussed in our bulletin released on March 18, 2020 [5]).
b. The online filing of (i) criminal complaints and information, (ii) posting of bail, and (iii) submission of other urgent pleadings may be availed of until May 15, 2020. The “filing of petitions, appeals, complaints, motions, pleadings and other court submissions that fall due up to [May 15, 2020] in a GCQ area is extended for 30 calendar days, counted from [May 16, 2020], but pleadings and other court submissions may still be filed by the parties within the reglementary period on or before [May 15, 2020] through electronic means, if preferred and able.”
 
c. Drafted decisions and orders which were made before and during the GCQ may still be promulgated and released during this period, but no hearings are necessary except upon urgent matters. The “service of writs and other court processes on urgent matters within GCQ areas shall proceed.” The periods for court actions in the GCQ areas shall “also be extended for 30 calendar days counted from [May 16, 2020], except court actions on urgent matters.”
 
d. For judges and court personnel (i) who are more than fifty-nine (59) years old, and (ii) with medical conditions which make them vulnerable to a COVID-19 infection, they shall work from their respective residences. Only in “exceptional circumstances” may these persons report to court to act on urgent matters. No court records may be taken out of the court’s premises by these persons.
 
e. Lawyers who are more than fifty-nine (59) years old may attend hearings on urgent matters, except those who “are suffering from any illness” or “appear sickly and weak”. Younger lawyers, if available, should be sent instead. The court appearances shall be limited to urgent matters, and not for trial proper.
 
f. Persons going to court shall observe medical standards and hygiene practices within the court, through (i) obligatory temperature check, (ii) compulsory wearing of face masks, (iii) regular use of alcohol for sanitation, (iv) application of disinfectants within court premises, (v) social or physical distancing, (vi) proper handwashing, and (vii) cough etiquette.
 
 
For more information about the issuance discussed above, please contact your account partner or the author of this client bulletin:

John Christian Joy A. Regalado
Partner
[email protected]

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