Service of Writs and Court Processes Governing Cases Involving Foreign Governments
The Supreme Court Memorandum Circular No. 3-78, issued on March 14, 1978, addresses the proper procedure for serving writs and court processes in cases involving foreign governments or their instrumentalities. It emphasizes that such documents should not be sent directly to foreign embassies but must instead be forwarded to the Department of Foreign Affairs, which will handle their transmission via diplomatic channels. This directive aims to align court practices with established diplomatic protocols. Judges are instructed to strictly adhere to this new procedure to avoid complaints from foreign diplomatic entities.
Law Information
- Reference Number
- Supreme Court Memorandum Circular No. 3-78
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Memorandum Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 14, 1978
SUPREME COURT MEMORANDUM CIRCULAR NO. 3-78
| SUBJECT | : | Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments or Instrumentalities thereof |
| TO | : | All Judges of the Court of Tax Appeals, Courts of First Instance, Circuit Criminal Courts, Juvenile and Domestic Relations Courts, Courts of Agrarian Relations and City and Municipal Courts |
The attention of this Court has been called to diplomatic notes received by the Department of Foreign Affairs complaining that court processes or writs have been mailed or otherwise delivered directly to embassies of foreign governments or agencies thereof without coursing the same through the Department of Foreign Affairs. The practice complained of is not in consonance with diplomatic practice.
Accordingly, you are hereby advised that henceforth court processes and writs issued in connection with cases involving foreign governments or agencies should be forwarded to the Department of Foreign Affairs for transmission to the foreign embassy concerned by diplomatic note.
Strict compliance herewith is enjoined.
(SGD.) FRED RUIZ CASTROChief Justice
Cite This Law
Service of Writs and Court Processes Governing Cases Involving Foreign Governments, Supreme Court Memorandum Circular No. 3-78, Mar 14, 1978 (Philippines)
Service of Writs and Court Processes Governing Cases Involving Foreign Governments, Supreme Court Memorandum Circular No. 3-78 (Phil. 1978)
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