Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments or Instrumentalities Thereof
OCA Circular No. 272-2016 instructs judges of the First and Second Level Courts in the Philippines on the proper procedure for serving writs and court processes related to cases involving foreign governments or their instrumentalities. It emphasizes that such documents must be forwarded to the Department of Foreign Affairs (DFA) for transmission to the relevant foreign embassy via diplomatic note, in line with established diplomatic practices. This directive is a reiteration of previous circulars and aims to ensure compliance with international protocols. All judges are required to strictly adhere to this directive.
Law Information
- Reference Number
- OCA Circular No. 272-2016
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 5, 2016
OCA CIRCULAR NO. 272-2016
| TO | : | All Judges of the First and Second Level Courts |
| SUBJECT | : | Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments or Instrumentalities Thereof |
The Department of Foreign Affairs, through the Acting Assistant Secretary, Atty. Leo Tito L. Ausan, Jr., Office of Legal Affairs, requested the Office of the Court Administrator to issue a circular on the proper observance of Memorandum Circular No. 3 dated 14 March 1978 (Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments or Instrumentalities Thereof), paragraph 2 of which pertinently provides:
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. (Emphasis added)
The foregoing directive was reiterated in Circular No. 22 dated 02 September 1987 and further restated in Circular No. 3-91 dated 20 May 1991.
In view thereof and in consonance with the prevailing diplomatic practice, all concerned are hereby DIRECTED to FORWARD all court processes and writs issued in connection with cases involving foreign governments or agencies to the DEPARTMENT OF FOREIGN AFFAIRS for transmission to the foreign embassy concerned by diplomatic note. DACcIH
For strict compliance.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments or Instrumentalities Thereof, OCA Circular No. 272-2016, Dec 5, 2016 (Philippines)
Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments or Instrumentalities Thereof, OCA Circular No. 272-2016 (Phil. 2016)
Related Laws
- Service of Writs and Court Processes in Connection with Cases Involving Foreign GovernmentsSupreme Court Circular No. 22-87 • Sep 2, 1987 • Supreme Court Issuances
- Service of Writs and Court Processes in Connection with Cases Involving Foreign GovernmentsOCA Circular No. 3-91 • May 20, 1991 • Supreme Court Issuances
- Service of Writs and Court Processes Governing Cases Involving Foreign GovernmentsSupreme Court Memorandum Circular No. 3-78 • Mar 14, 1978 • Supreme Court Issuances
- Service of Writs and Other Court Processes Through the Foreign Service PersonnelOCA Circular No. 119-04 • Sep 30, 2004 • Supreme Court Issuances
- Guidelines and Procedure in the Service and Execution of Court Writs and Processes in the Reorganized CourtsSupreme Court Administrative Circular No. 12 • Oct 12, 1985 • Supreme Court Issuances
- Ban on the Issuance of Temporary Restraining Orders or Writs of Preliminary Prohibitory or Mandatory Injunctions in Cases Involving Government Infrastructure ProjectsSupreme Court Administrative Circular No. 11-00 • Nov 13, 2000 • Supreme Court Issuances
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