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Please note that the Netherlands 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.

Hearings in criminal proceedings require judicial cooperation through requests for mutual legal assistance (MLA) in criminal matters. Please be advised that a formal route must be observed in such cases by sending an official letter of request for MLA via designated Central Authorities of countries concerned. In the case of the Netherlands, official letter of requests for MLA in criminal matters should be coursed through the Department of Justice (DOJ), Manila as the Philippine Central Authority, and addressed to the Dutch Ministry of Justice and Security (MOJS). Requests for MLA in criminal matters are coordinated between the Philippine DOJ and Dutch MOJS through diplomatic channels.
  1. Accomplish and submit the Request Form by email to the Philippine Embassy in The Hague (This email address is being protected from spambots. You need JavaScript enabled to view it.), copy furnished the Office of Treaties and Legal Affairs, DFA, Manila(This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.)

    Please use Email Subject/Title: “Request for Videoconferencing Hearing – The Hague PE – [insert last name of requesting person]”.

    Example:
    Subject: Request for Videoconferencing Hearing – The Hague PE – Dela Cruz

  2. Upon submission of the accomplished application form, the Philippine Embassy will confirm by email the 
    acceptability of the date and time of the proposed hearing date.

    Submission of the accomplished application form for videoconferencing hearing (VCH) does not guarantee acceptance or confirmation. The application will be assessed according to the Embassy’s calendar of meetings and activities as well as availability of personnel to assist in the conduct of the VCH.

    Only upon securing an appointment schedule with the Embassy should the applicant/counsel proceed with the filing of a Motion in Court to issue the Order for the date and time of the VCH.

  3. A copy of the Court Order granting the Motion to conduct VCH containing details of the date and time of the VCH as well as a list of allowed attendees must be transmitted to the Embassy by email at least three (3) working days ahead of the scheduled hearing.

    (Note: Videoconferencing hearings may only be conducted Mondays to Fridays, 9:00 A.M. to 5:00 P.M. - Netherlands time, in accordance with Embassy operations, except special and public holidays.)

  4. On the day of the scheduled hearing, 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 23 square meters and can accommodate a maximum of four (4) persons only during the VCH.

    FEES:
     Use of the office space (10 m2) for purposes of the VCH  € 108.00
     Embassy’s Dutch-English interpreter/translator during the VCH  € 86.40 / hour
    on the day of the VCH or a fraction of the hour thereof
    Certificate of Appearance
    (issued upon request or order of the Court concerned)    		 € 36.00
     
  5. 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;

b. Copy of the Court Order;

c. Own devices for the VCH such as laptop with a pre-installed software duly approved by the trial court hearing the case, and other audio equipment (if necessary);

  1. Parties to the VCH are required to have their own internet connectivity, either via use of mobile hotspot or portable wireless modem (pocket WiFi). For cyber-security reasons, the Embassy is unable to provide internet connection.

  2. Only those whose names are required to appear at the videoconference hearing under the Court Order shall be allowed entry at the Embassy.

  3. Participants in the hearing are required to abide by the Embassy’s security, safety and health protocols.

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..

 

References:

  1. A.M. No. 20-12-02-SC (Guidelines)

    The Guidelines allow for the conduct of VCH in instances enumerated in Item I (3) thereof. Specifically, Item I (3) (b) (vii) and (viii) of the Guidelines, allow for VCH to be conducted, to wit:

    “vii. When a litigant or 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;”

    As a matter general procedure, the conduct of VCH for either grounds above-stated must be initiated by motion of a party as stated in Item II (2) of the Guidelines.

    Please note that the Guidelines enumerate the specific instances under Item I (3) (b) in which the court may motu proprio order that hearings or proceedings be conducted through VCH. The list does not include above-cited instances.

  2. OCA-Circular No. 133-2021 (Re: motions for videoconferencing from Philippine embassies or consulates)

    Motions may be acted upon, provided “that the concerned embassy or consulate of the Philippines has allowed the use of  its facilities for videoconferencing,” pursuant to Item IV (3) of A.M. No. 20-12-02-SC.