Service of Summons, Subpoenas and Other Court Processes by Police Personnel

December 27, 2018

OCA CIRCULAR NO. 263-2018

 

Due to numerous inquiries and concerns on the service of court processes by personnel and officers of the Philippine National Police (PNP), all judges and clerks of court are hereby reminded that the service of summons, subpoenas, and other court processes, is primarily the duty of court sheriffs and process servers. It is only in exceptional circumstances when the life and safety of the court personnel may be at risk, that the PNP may be requested to serve or assist in serving the aforesaid court processes.

In civil cases, the expenses for the service of court processes are covered by Section 10, Rule 141 of the Rules of Court on legal fees. The required statements of estimated transportation and travel expenses shall be prepared by the sheriff or process server of the court issuing the court process. Upon approval thereof by the judge of the issuing court, the clerk of court shall disburse the amount requested to the sheriff or process server concerned and the latter shall release the amount to the police personnel, subject to the latter's acknowledgment of receipt. The liquidation, which is also subject to the approval of the court, shall be prepared by the sheriff or process server concerned and submitted together with the return filed by the police personnel.

In criminal cases, the reimbursement of transportation and travel expenses may be requested from the Financial Management Office, OCA, in accordance with Administrative Circular No. 15-2005 dated 22 March 2005, Administrative Circular No. 51-2010 dated 7 July 2010 and OCA Circular No. 140-2010 dated 7 October 2010, subject to the submission of the following documents:

1) Duly accomplished disbursement voucher

2) Duly accomplished obligation slip

3) Travel order or authority

4) Duly accomplished itinerary of travel detailing (a) the permanent residential address and temporary residence, if there is any, (b) place of origin and destination, (c) distance (in kms.) between the official station/residence and destination, (d) time of departure from place of origin and arrival at place of destination and back, (e) means of transportation used, and (f) transportation and travel expenses incurred.

5) Certificate of Travel Completed

6) Certificate of appearance/valid proof of travel (duly acknowledged summons, subpoenas, court processes served/return of service, bank deposit/withdrawal slips)

If applicable, the following documents should also be submitted:

(1) Bus, plane or boat ticket used

(2) Certification under oath by the claimant as to the kilometer distance between the (a) official station and the place of destination, and (b) residence and the place of destination (for travel beyond the fifty (50) kilometer radius)

(3) Justification for staying overnight/several nights in the place of temporary assignment and valid proof of payment for hotel/lodging (for travel within the fifty kilometer radius)

In case the official or employee did not avail of the ordinary mode of transportation, the following supporting documents shall also be submitted: (1) affidavit of claimant justifying the hiring or rental of vehicle indicating the actual distance traveled and its reasonableness duly certified by the Presiding Judge, Executive Judge, or Deputy Court Administrator; (2) certification as to the prevailing rate of vehicle hire duly issued by the Land Transportation Franchising and Regulatory Board (LTFRB) or the City Franchising and Regulatory Board/Local Auditor or Municipal Treasurer; and (3) official receipt or any valid proof of payment. The hiring of private vehicles in an amount exceeding P1,000.00 per trip must be approved by the Chief Justice.

Executive judges and judges of single-sala courts are directed to submit a uniform fare matrix to simplify and expedite the disbursement and liquidation of transportation and travel expenses.

Attached for your reference and information are disbursement voucher, obligation request, itinerary of travel and certificate of travel completed forms. aScITE

For strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator

APPENDIX 32

Republic of the Philippines

 

Obligation Request

 

APPENDIX A

Itinerary of Travel

 

APPENDIX B

Certificate of Travel Completed