Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments
OCA Circular No. 3-91, issued on May 20, 1991, emphasizes the proper procedure for serving writs and court processes related to cases involving foreign governments or their instrumentalities. It instructs all judges across various courts to send such documents through the Department of Foreign Affairs (DFA) for appropriate diplomatic transmission, rather than delivering them directly to foreign embassies. This reiteration follows previous memoranda aimed at aligning practices with diplomatic protocols and addressing complaints from foreign entities regarding improper delivery methods. Judges are mandated to strictly comply with these established procedures.
Law Information
- Reference Number
- OCA Circular No. 3-91
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 20, 1991
OCA CIRCULAR NO. 3-91
| TO | : | All Judges of the Court of Tax Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a District Courts and Shari'a Circuit Courts |
| SUBJECT | : | Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments or Instrumentalities thereof |
The attention of this Court has been called by the Department of Foreign Affairs, Manila, to persistent complaints from its foreign posts and the foreign embassies in Manila that court processes have been mailed or otherwise delivered to them without coursing the same through the Department.
As the practice complained of is not in consonance with diplomatic practice, this court had previously issued Memorandum Circular No. 3 dated March 14, 1978, copy of which is herewith attached as Annex "A", and Circular No. 22 dated September 2, 1987, copy of which is likewise herewith attached as Annex "B", advising all judges that court processes and writs issued in connection with cases involving foreign governments or agencies should be forwarded to the Department of Foreign Affairs for proper transmission to the foreign embassies concerned by diplomatic note.
This Court hereby reiterates the herein mentioned Memorandum Circular No. 3 and Circular No. 22, and enjoins strict compliance therewith.
May 20, 1991.
(SGD.) JOSUE N. BELLOSILLOCourt Administrator
Cite This Law
Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments, OCA Circular No. 3-91, May 20, 1991 (Philippines)
Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments, OCA Circular No. 3-91 (Phil. 1991)
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 Governments or Instrumentalities ThereofOCA Circular No. 272-2016 • Dec 5, 2016 • 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
- Expeditious Resolution of Expropriation Cases and Other Related ProcessesOCA Circular No. 68-2022 • Mar 25, 2022 • Supreme Court Issuances
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