Requests for Extraterritorial Service of Judicial Documents from the Philippines to Other State Parties (Outbound Requests for Service) under the Hague Service Convention on the Service Abroad of Judicial Documents in Civil and Commercial Matters
The OCA Circular No. 121-2022 outlines procedures for judges in the Philippines regarding requests for extraterritorial service of judicial documents under the Hague Service Convention. It emphasizes that once a party submits all required documents for outbound service, the court must coordinate with the Central Authority of the requested state, transmitting necessary documents and certified translations as needed. Judges are advised to confirm if the requested state is a contracting party to the Hague Service Convention and to check for specific requirements, including proof of payment. The circular serves as a reminder for compliance with established guidelines to ensure efficient processing of these requests.
May 26, 2022
OCA CIRCULAR NO. 121-2022
| TO | : | All Concerned Judges of the First and Second Level Courts |
| SUBJECT | : | Requests for Extraterritorial Service of Judicial Documents from the Philippines to Other State Parties (Outbound Requests for Service) under the Hague Service Convention on the Service Abroad of Judicial Documents in Civil and Commercial Matters |
On 11 September 2020, the Court issued Administrative Order (A.O.) No. 251-2020 1 approving the proposed Guidelines on the Implementation in the Philippines of the Hague Service Convention on the Service Abroad of Judicial Documents in Civil and Commercial Matters.
Particular attention should be given to item 4, Rule II, of the abovementioned Guidelines, to wit:
4. Transmission of documents abroad. — Once all the requirements are submitted by the party requesting the extraterritorial service through the Hague Service Convention, the courtshall coordinate with the Central Authority of the Requested State and transmit the following:
a. The Order granting the extraterritorial service;
b. The filled-out Request and Summary of Document to be Served with Warning;
c. The blank Certificate (to be completed by the Central Authority of the Requested State);
d. The documents sought to be served; and
e. Certified translations of the Model Form and all accompanying documents, where necessary.
The court shall also furnish the OCA with a copy of the request and shall update the OCA on the status of its request. (emphasis supplied)
Based on the said Rule, it is the court where the applicant filed the motion for extraterritorial service which will coordinate with and transmit to the Central Authority of the Requested State the Outbound Request for Service together with the model form, court order, and the judicial documents, with certified translations, if necessary. To reiterate, in Outbound Requests for Service, the only role of theOCA as the Central Authority is to be the recipient of the following: the copy-furnished request with attachments and the update of the status of the request.
In this regard, all concerned judges are reminded to determine whether the requested state is a contracting party to the subject Hague Service Convention, including other relevant information, such as the requirement for proof of payment, through this link: https://www.hcch.net/en/states/authorities.
Appended hereto is the abovementioned A.O. and the flowchart of Outbound Requests for Service. HEITAD
For guidance and strict compliance.
(SGD.) RAUL B. VILLANUEVACourt Administrator
ANNEX A
Supreme Court Administrative Order No. 251-2020
Outbound Requests for Service
Footnotes
1. Circularized: OCA Circular No. 163-2020 dated 1 October 2020.