Published 6 September 2024, The Daily Tribune
In the previous article, we discussed the procedure for outbound requests for service of Philippine judicial documents under Supreme Court’s Administrative Order No. 101-2024. In this article, we discuss the inbound requests for service of foreign judicial documents in the Philippines.
A Request for service of foreign judicial document in the Philippines shall be filed with the Office of the Court Administrator (OCA) either in electronic format by electronic mail to PHCA-Service@judiciary.gov.ph or in print format by registered mail or courier service to OCA’s postal address. (Section 3.1.a)
The OCA shall approve a Request (1) if the Request and attached documents comply with the requirements described under the 2024 Guidelines; and (2) if in the sole discretion of the OCA, compliance with a Request for service of a foreign judicial document will not infringe upon the national sovereignty. (Section 3.4.a)
If the Request does not comply with the requirements described under the 2024 Guidelines, the OCA shall inform the foreign Forwarding Authority of the unfulfilled requirements and provide it with a reasonable period of time to comply. (Section 3.4.b)
Meanwhile the OCA shall deny a Request if such Request and attached documents failed to comply with the requirements described under the Guidelines despite the lapse of the period of time provided; or if in the sole discretion of the OCA, compliance with a Request for service of a foreign judicial document will infringe upon the national sovereignty or national security of the Philippines. (Section 3.4.b)
Upon its approval of a Request for service of a foreign judicial document in the Philippines, the OCA shall immediately forward the Request and attached documents to the court having territorial jurisdiction over the address of the intended recipient, in the same format that the Request was received by the OCA. (Section 3.5.a)
The Executive Judge in a multiple-sala court, or the Presiding Judge in a single-sala court, shall immediately:
- Cause the printing of the Warning, the Summary, and the foreign document to be served, if the same are in electronic format;
- Direct a sheriff, process server, or other competent court personnel to serve the Warning, the Summary, and the foreign document to be served, in accordance with the Rules of Court; and
- Advance the amount to cover for the expenses associated with the service of the documents. (Section 3.5.b)
The court personnel assigned to serve the documents shall:
- Immediately exert diligent efforts to serve the Warning, the Summary, and the foreign document to be served, in accordance with the Rules of Court;
- Execute a return of service in accordance with the Rules of Court and these Guidelines; and
- Submit the return of service within five days from service, or from attempt at service, to the judge who directed the service of the documents. (Section 3.5.c)
If the documents were served, the return of service shall state:
- The method, date, and place of service of the documents;
- Whether the documents were served according to a method prescribed by the Rules of Court for the service of a judicial document upon a person who is located within the Philippine national territory; and
- The identity and description of the person who received the documents, and the relationship of such person to the intended recipient of the documents, if such person is different from the intended recipient. (Section 3.5.d)
If the documents were not served, the return of service shall state:
- The dates and places of the attempts at service; and
- The facts and reasons why the documents were not served.
Additionally, the court personnel assigned to serve the documents shall deliver the unserved documents to the judge who directed the service of the documents. (Section 3.5.e)
For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.
