Additional Guidelines in the Service of Summons, Subpoenas, and Other Court Processes
OCA Circular No. 63A-2022 provides additional guidelines for judges and clerks regarding the service of summons, subpoenas, and other court processes in the Philippines. It establishes a Uniform Fare Matrix for transportation costs, which must be approved by the relevant judges and applied uniformly across courts in the same location. The circular specifies conditions under which extraordinary transportation means can be utilized and outlines reimbursement procedures for travel expenses, including meal and lodging allowances based on the distance traveled. Furthermore, it clarifies responsibilities for service outside of territorial jurisdiction and revokes any existing fare matrices that do not conform to these new guidelines. Compliance with these provisions is mandated for all concerned parties.
April 22, 2022
OCA CIRCULAR NO. 63A-2022
| TO | : | All Concerned Judges and Clerks of Court of the First and Second Level Courts |
| SUBJECT | : | Additional Guidelines in the Service of Summons, Subpoenas, and Other Court Processes |
Due to numerous concerns relative to the service of summons, subpoenas, and other court processes, the following guidelines are hereby ISSUED for the guidance of those concerned, in addition to those provided in OCA Circular No. 263-2018 dated 27 December 2018, to wit:
1) A prescribed Uniform Fare Matrix shall be prepared and adopted by each court of the first and second level courts for common destinations, which shall be based on the distance between the concerned court station to the identifiable landmarks of the said common destinations, using the ordinary public conveyance or customary modes of transportation;
2) The Uniform Fare Matrix shall be duly approved by the concerned Executive Judge or Presiding Judge of single-sala courts, as the case may be;
3) The approved Uniform Fare Matrix of both first and second level courts, which are stationed in one place, shall be THE SAME;
4) When a private vehicle is used by the concerned sheriff, process server or other court-authorized person in the service of summons, subpoena and other court processes, he/she is entitled only to the equivalent cost of the customary mode of transportation rather than the cost of the gasoline and oil consumed;
5) The use of chartered trips, special hires of public utilities, garage cars, water vessels, and other extraordinary means of transportation shall not be allowed unless justified by the prevailing circumstances, such as, but not limited to, carrying large amounts of cash, bulky equipment and important documents, inclement weather, or time is of the essence. 1 A justification for availing of the same shall be stated in the Certificate of Travel Completed, subject for approval of the concerned judge, in support of the claim for reimbursement.
6) The rate of hiring a private vehicle, use of chartered trips, special hires of public utilities, garage cars, water vessels, and other extraordinary means of transportation that needs the approval of the Chief Justice is hereby increased from One Thousand Pesos (P1,000.00) to Two Thousand Two Hundred Pesos (P2,200.00), pursuant to the Memorandum dated 2 March 2022 2 approved by the Honorable Chief Justice Alexander G. Gesmundo;
7) If the service of summons, subpoenas, and other court processes, will take more than two (2) hours of travel from the court station going to the place of service, a meal allowance may be added to the fare matrix of the particular destination, to wit: CAIHTE
(a) for service within the thirty (30)-kilometer radius from the court station to the place of service, the amount of Eighty Pesos (P80.00);
(b) for service beyond the thirty (30)-kilometer radius but within the fifty (50)-kilometer radius from the court station to the place of service, the amount of One Hundred Fifty Pesos (P150.00); or
(c) for service beyond the fifty (50)-kilometer radius from the court station to the place of service, the amount of Three Hundred Pesos (P300.00) (equivalent to two meal allowances);
8) If the sheriff, process server or other court-authorized person serving summons, subpoenas, and other court processes will travel beyond the fifty (50)-kilometer radius from the court station to the place of service, he/she may claim for hotel/lodging accommodation in an amount not exceeding Seven Hundred Fifty Pesos (P750.00), but shall be substantiated by a hotel bill/invoice/official receipt under his/her name to prove that he/she availed of the said accommodation while on official travel, in addition to three meal allowances, totaling Four Hundred Fifty Pesos (P450.00). 3 The said hotel bill and meal allowance may be added to the total travel expenses. However, for service within fifty (50)-kilometer radius from the court station to the place of service, the sheriff, process server or other court-authorized person could only avail of the hotel/lodging accommodation for reason of limited transportation or any justifiable circumstances, that may warrant his/her stay. An affidavit executed by the claimant justifying his/her stay in the hotel/lodging shall be attached in his/her Certificate of Travel Completed. The hotel bill/invoice/official receipt shall be ATTACHED to the Statement of Liquidation as supporting document;
9) In case the Sheriff's Trust Fund (STF) collected is not sufficient, the party requesting for personal service of summons, subpoenas, and other court processes shall be REQUIRED to make an additional STF payment;
10) If the personal service of summons, subpoenas, and other court processes will be outside the territorial jurisdiction of the court concerned, then the service shall be DONE by the sheriff, process server or other court-authorized person of the court which has jurisdiction over the residence of the defendant or of the person subject of the process, following the procedures provided in OCA Circular No. 149-2021 dated 9 December 2021;
11) The Order to Withdraw from the STF is NOT REQUIRED. The approval in the Statement of Estimated Travel and Transportation Expenses (SETTE) by the concerned Executive Judge or Presiding Judge of the single-sala court, as the case may be, in lieu of the Order to Withdraw, which shall serve as a supporting document of the Disbursement Voucher for the withdrawal from the STF account, subject for approval of the Executive Judge/Presiding Judge, who is one of the signatories of the account. However, the refund of any excess/unspent/remaining amount in the STF account must be STATED in the Order of Judgment, and the original payor's copy of the official receipt (OR) shall be SURRENDERED for the processing of the said refund;
12) The requests for service of subpoenas and other court processes involving criminal cases without STF deposits shall be SHOULDERED by the Clerk of Court (COC) of the requested court, if he/she is receiving a Representation and Travel Allowance (RATA), or the concerned Presiding Judge of the requested court, if the COC thereat is not entitled to RATA, subject to reimbursement pursuant to OCA Circular No. 263-2018 dated 27 December 2018; and
13) All existing Uniform Fare Matrix not in consonance with the aforementioned guidelines are hereby revoked. Clerks of Courts/Officers-in-Charge are hereby required to prepare a new Uniform Fare Matrix, subject to the approval of the Judge concerned. The Fiscal Monitoring Division, Court Management Office, Office of the Court Administrator, shall be copy furnished with the approved Uniform Fare Matrix as soon as it is available.
This Circular amends OCA Circular No. 63-2022.
For strict compliance.
(SGD.) RAUL BAUTISTA VILLANUEVACourt Administrator
Footnotes
1. E.O. No. 77, as implemented by Administrative Circular No. 143-2019 dated 28 November 2019.
2. Annex "A", Memorandum dated 2 March 2022.
3. In line with Administrative Circular No. 143-2019 dated 28 November 2019, as amended.