GUIDELINES ON THE CONDUCT OF VIDEO CONFERENCE HEARINGS (VCH) AT THE PHILIPPINE EMBASSY IN LISBON
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Please note that Portugal does not have laws or regulations prohibiting a Philippine court from holding a hearing in a civil proceeding via videoconference involving a Filipino or foreign national residing in its territory within the premises of the Philippine Embassy, provided that the participant/witness agrees voluntarily to appear/testify and that their testimony is not used in criminal proceedings. As of now, hearings in criminal proceedings cannot be held in a foreign consular section or post in Portugal. If a witness involved is a foreign national, it will be necessary to request international judicial cooperation in criminal matters addressed to the Portuguese judicial authorities, which will carry out the inquiry of the concerned persons either by videoconference hearings or in the facilities or premises of the Portuguese courts of the Prosecutor General's Office. [OCA Circular No. 55-2023 dated 13 February 2023 or the Guidelines on the Conduct of Videoconferencing with Respect to Remote Appearance from Abroad (Addendum to OCA Circular No. 171-2022 Re: Portugal)] |
Pursuant to Section IV of the Supreme Court of the Philippines’ Administrative Circular No. 20-12-01-SC that took effect on 16 January 2021, the Embassy of the Philippines in Lisbon, Portugal may facilitate the conduct of video conference hearings (VCH) at its premises.
Following are the guidelines on the Conduct of VCH:
1. Request Form. The requesting party must accomplish and submit the Request Form by email to the Philippine Embassy in Lisbon (This email address is being protected from spambots. You need JavaScript enabled to view it.), copy furnished the Office of Treaties and Legal Affairs (OTLA), DFA, Manila (This email address is being protected from spambots. You need JavaScript enabled to view it. and This email address is being protected from spambots. You need JavaScript enabled to view it.).
(Click here) to download the Form.
Please use Email Subject/Title: “Request for Videoconferencing Hearing – Lisbon PE – [insert last name of requesting person]”.
Example:
Subject: Request for Videoconferencing Hearing – Lisbon PE – Dela Cruz
2. Period of Request. The request for conduct of VCH must be scheduled at least one (1) month prior to the hearing in order for the Embassy to undertake administrative preparations.
3. Schedule. So as not to prejudice the timely delivery of consular and assistance-to-nationals services, the Embassy will be able to accommodate VCHs only from Tuesdays to Fridays except during Philippine public and local holidays) within its hours of operation (0830H to 1630H Lisbon time).
4. Motion and Court Order. The requesting party may only file the Motion in Court to issue the Order for the date and time of the VCH after the Embassy’s acceptance of the request, subject to the availability of facilities and personnel to assist in the conduct of VCH.
After receiving the Court Order granting the Motion, the requesting party must transmit a copy thereof to the Embassy copy furnished OTLA at least three (3) days prior to the scheduled date of the VCH. The conduct of the VCH shall not proceed without the appropriate Court Order being received by the Philippine Embassy in Lisbon.
5. Coordination and Identification of Witness.The requesting party shall coordinate directly with the person/s appearing before the VCH to ensure his/her attendance on the scheduled date and time. It shall also be the sole responsibility of the requesting party to contact the person/s appearing before the VCH and ensure his/her presence during the hearing.
Only those whose names are required to appear at the VCH under the Court Order shall be allowed entry at the Embassy and they must be present in the Embassy at least thirty (30) minutes before the schedule of the VCH.
The person/s appearing must be physically present with their equipment at the Embassy at least 30 minutes before the scheduled VCH.
During the hearing date, the party/witness is required to bring the following: (a) valid government-issued ID, foreign nationals are required to submit their passports; and (b) copy of the Court Order.
6. Payment of Fees. On the day of the scheduled VCH, the requesting party/counsel shall pay in cash or via debit card the fee/s charged by the Embassy for the use of the space under the Department of Foreign Affairs’ Department Order No. 2021-18 dated 26 November 2021 before the actual hearing takes place.
The office space available for VCH measures 10.5 square meters and can accommodate a maximum of three (3) persons only.
Following are the fees:
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Use of the office space (10.5 square meters) for purposes of the VCH |
€ 126.00 |
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Embassy’s Portuguese-English interpreter/translator during the VCH |
€ 96.00 / hour on the day of videoconferencing or a fraction of the hour thereof |
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Certificate of Appearance |
€ 40.00 per copy Additional € 10.00 per copy |
7. Equipment. The requesting party is responsible for ensuring that his/her witness is able to bring their own equipment for the VCH, including, but not limited to, the (a) laptop or mobile phone with working camera, speakers and microphone; (b) court-approved VCH platform or app, including the log-in credentials; and (c) mobile internet such as mobile hotspot or portable wireless modem (pocket WiFi).
8. Embassy Involvement. A consular personnel will be present inside the room where the VCH is to be conducted. The personnel’s role will be limited to: (1) ensuring the security of the room, i.e., the witnesses are alone in the location, the windows and doors are closed, and there is no authorized means of communication available to the witness; and (2) when asked by the judge, to introduce oneself, to verify the identity of the person/s appearing before the VCH through his/her valid passport and/or other valid government-issued identification card, and to confirm that the witness is within the Embassy premises.
The consular personnel will leave the VCH room should the judge prohibit his/her presence.
For further queries on the above procedure, you may e-mail This email address is being protected from spambots. You need JavaScript enabled to view it..
Lisbon, 21 October 2024.
