RMO No. 9-2022: Prescribes the policies and procedures on the use of Video Conference Hearing as alternative mode to face-to-face formal investigation/hearing for administrative cases

Summary

RMO No. 9-2022 prescribes policies and procedures for Video Conference Hearing as an alternative to face-to-face formal investigation and hearing of administrative cases under RMO No. 19-2011.

Key points

1. Primary mode and consent. In-court proceeding is still the primary mode. Administrative due process is deemed observed when the respondent appears or testifies remotely by video conference with his or her consent.
2. Decorum and confidentiality. Video hearings closely resemble in-court hearings, with court decorum strictly observed and perjury laws applying. Attorney-client communications stay confidential, and parties get private means of communication when needed.
3. Governing rules. The 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) continue to be observed, and the Rules of Court apply suppletorily.
4. No public access. Administrative case proceedings are classified as sensitive personal information under the Data Privacy Act of 2012. The public has no access, and only authorized personnel may take part.
5. Recording and platform. The Personnel Adjudication Division hosts and records the hearing, and the recording forms part of the case records. Only the officially provided Zoom or Microsoft Teams, or another application authorized by the BIR Information Systems Group, is used, with official e-mail accounts or authorized BIR webmails.

Who is affected

• Respondents and parties in BIR administrative cases
• Hearing Officers and the Personnel Adjudication Division

Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.