REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

___ JUDICIAL REGION
BRANCH ___, _______ CITY

_______,

Plaintiff,

Case No. ____-CV

-- versus --
For: ______.

_______,

Defendants.
x---------------------------------------------x

OPPOSITION
(To Defendant’s
Motion to Attend Hearing Through Videoconference)

Plaintiff _____ through counsel, unto this Honorable Court, by

way of Opposition to defendant’s Motion to Attend Hearing Through
Video-Conference (“Motion”), most respectfully states that:

1. Defendant _____ alleges in his Motion that

“Considering the distance between ___ City and ___ City and the
fact that Defendant is currently based and located in ___ City,
Defendant ___ is unable to physically and personally appear before
this Honorable Court on the said date.”

2. On the other hand, Section 3 (b) of the Guidelines on the

Conduct of Videoconferencing (A.M. No. 20-12-01-2C) (“Guidelines”)
provide the instances when videoconferencing is allowed, to wit:

“i. Acts of God, such as typhoons, floods, earthquakes, or

other unforeseen events, and human-induced events, such as
fires, strikes, lockdowns, those which limit physical access to
the courts, and other instances posing threats to the security
and safety of the courts and/or personnel;
ii. Periods of public emergencies officially declared by the
concerned agency of the government;
 iii. The inability or difficulty of a litigant, witness, or counsel
to physically appear in court due to security risks in his or
her transport in going to and from the court, real and
apparent danger to his or her life, security or safety, serious
health concerns, vulnerability of the witness due to age,
physical condition, disability, or the fact that he or she is a
victim of a sexual offense or domestic violence;
iv. When the litigant or witness is a high-risk PDL, as
defined under these Guidelines;
v. When the litigant or witness is a PDL committed in a
detention facility, or a Child in Conflict with the Law (CICL)
x x x;
vi. When the presence of a government agency witness or an
expert witness is required but for justifiable grounds, he or
she cannot attend an in-court hearing;
vii. When a litigant or a witness is an Overseas Filipino
Worker or Filipino residing abroad or temporarily outside
the Philippines;
viii. When a litigant or witness is a non-resident foreign
national who, while in the Philippines, was involved in any
action pending before any court, and would like to appear
and/or testify remotely from overseas;
ix. When, based on the sound judgment of the court, there
are compelling reasons that justify the resort to
videoconferencing; and
x. Such other circumstances or grounds that may hereafter
be declared by the Supreme Court as sufficient to justify the
conduct of videoconferencing.”

3. As can be gleaned from the Guidelines, defendant’s reason

- that his being based in ___ renders him unable to be physically and
personally appear during the hearings - is not among the grounds
allowed for the conduct of videoconferencing. There are no longer
any government imposed lockdowns that restrict travel throughout
the country. Moreover, there is no security risk or danger to
defendant’s security or safety, serious health concerns, or any
vulnerability due to physical condition or disability.

4. There’s no reason that prevents defendant from traveling

to Angeles and be present during the scheduled hearings. The
situation in the country has already normalized at this stage of the
pandemic, even with indoor masking generally being made
voluntary. The Honorable Court may take judicial notice of the fact
that currently; litigants and/or their counsel have been traveling all
over the country just to attend court hearings no matter the distance.

5. Simply put, convenience of one party to a case is not a

compelling reason to conduct trial via videoconference.
 PRAYER

WHEREFORE, premises considered, plaintiff respectfully prays

that defendant Motion to Attend Hearing Through Videoconference be
denied for lack of merit.

Such other remedies, equitable under the premises, are likewise

prayed for.

______ City. ______.