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

May 26, 2022

OCA CIRCULAR NO. 121-2022

 

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.