Uniform Procedure in the Request for Service of Court Processes Outside Territorial Jurisdiction and Clarifications on Section 10, Rule 141, Revised Rules of Court

December 9, 2021

OCA CIRCULAR NO. 149-2021

 

For uniformity of procedure, and in view of the unavailability of post offices in several provinces which could provide Postal Money Orders (PMO) relative to requests to serve summons, subpoenas and other court processes by the Clerk of Court (COC) and Ex-Officio Sheriff whose court/station has jurisdiction over the residence of the defendant or of the person subject of the process, pursuant to Paragraph 3, Section 10, Rule 141 of the Revised Rules of Court, the following procedure shall be ADOPTED:

1. The court where the case is filed in case of a single-sala court, or the branch where the case is raffled in case of multi-sala court, (hereinafter referred to as the requesting court) shall ISSUE a court order authorizing that a request be sent to the requested court (the court which has jurisdiction over the residence of the party to be served with the court process) to serve the court process. The request shall specifically STATE the party's residential address;

2. The Branch Clerk of Court (BCC) or Acting Branch Clerk of Court (ABCC) of the requesting court shall:

a. COMMUNICATE, using the facilities of the Philippine Judiciary 365 (PJ365), with the COC or Acting Clerk of Court (ACOC), Office of the Clerk of Court (OCC), of the requested court;

b. PROVIDE the requested court with an electronic copy of the order of request;

c. REQUIRE the requested court to provide the following information through PJ365 within three (3) working days from notice:

c.i. the corresponding amount prescribed under the requested court's approved Uniform Fare Matrix, relative to the service of summons, subpoenas and other court processes to the residence of the subject party, and the cost of returning the documents;

c.ii. the requested court's Sheriff's Trust Fund (STF) account number (in case the OCC of the requesting court is maintaining a savings account) or its account name (in case the OCC of the requesting court is maintaining a current account) for the issuance of a check, or PMO check, to the requested court for the costs of service.

d. PROVIDE the assigned sheriff/process server of the requesting court with the printed information received from the requested court through PJ365 for the preparation of the Disbursement Voucher (DV);

e. The assigned sheriff/process server of the requesting court shall SUBMIT the DV to the COC or ACOC, OCC, of the requesting court, together with the supporting papers such as court order authorizing the request of service and the printed information sent by the requested court. The amount in the DV shall include the cost of transmittal to the requested court and vice versa.

3. The COC or ACOC, OCC, of the requesting court, shall PROCESS the request of the requesting court to release the check, or to deposit to the STF account of the requested court, or to buy a PMO check, as the case may be, the total amount of the corresponding amount prescribed under the requested court's approved Uniform Fare Matrix and cost of returning the documents to the requesting court. The cost of transmittal from the requesting court to the requested court shall be in a form of cash or a separate check payable to the assigned sheriff/process server of the requesting court, as the case may be;

4. The assigned sheriff/process server of the requesting court shall TRANSMIT the check, or the validated deposit slip, or the PMO check, as the case may be, to the requested court, through private courier, upon receipt of the same from the COC or ACOC, OCC, of the requesting court;

5. The COC or ACOC, OCC, of the requested court, shall, upon receipt of the abovementioned court records/instruments from the assigned sheriff/process server of the requesting court:

a. ISSUE an Official Receipt (OR) in consideration of the amount received from the requesting court, as evidenced by a check or validated deposit slip, or PMO check, as the case may be;

b. DESIGNATE a sheriff/process server who shall perform the requested task within five (5) working days from the date of assignment, subject to the usual procedure of cash advance, service, liquidation and return of excess of deposit, if any.

6. The designated sheriff/process server of the requested court shall FORWARD the return, together with the approved Statement of Liquidation, to the BCC or ABCC of the requesting court for appropriate action, upon completion of the assignment. The cost of transmitting the returns together with the other documents shall be charged against the fund received. In case of excess of fund received, a check shall be issued by the COC or ACOC, OCC, of the requested court, for the excess, or shall be deposited to the STF account of the requesting court, as the case may be, by the designated sheriff/process server of the requested court. The said check or the proof of deposit shall be included in the transmittal of the returns; and

7. The approved Statement of Liquidation shall be ACKNOWLEDGED by the assigned sheriff of the requesting court from the BCC/ABCC of the requesting court, for submission to the COC/ACOC, OCC, together with the check issued by the requested court (in case of excess fund sent). File copies shall always be made available for audit purposes to be kept by the OCC and the assigned sheriff/process server, both of the requesting court.

The transaction shall be accordingly reflected in the Cash Receipt Register and Cash Disbursement Register of the STF.

The One Thousand Pesos (PHP1,000.00) deposit, as required under Paragraph 2, Section 10, Rule 141 of the Rules of Court, shall also be collected from private complainant for criminal cases where civil action is instituted for the personal service of subpoena, as provided under Section 10 (b), Rule 141 of the Rules of Court. In the service of summons, subpoena and other court processes, the prescribed forms marked as Annexes "A" to "F" shall be USED.

Expenses for criminal cases without the abovementioned deposit, shall be shouldered first by the requested court subject to reimbursement from the Financial Management Office, Office of the Court Administrator, pursuant to OCA Circular No. 263-2018 dated 27 December 2018.

With regard to sheriffs' expenses in executing writs issued pursuant to court orders or decisions or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, the attached forms marked as Annexes "G" to "J" shall be USED. No sheriff or deputy sheriff shall execute writs outside his/her territorial jurisdiction without first notifying in writing, and seeking the assistance of the sheriff of the place where the execution shall take place pursuant to Paragraph 5 of Administrative Circular No. 12, dated 1 October 1985.

Moreover, the Judges and the COC/ACOC, OCC, who are receiving the Five Thousand Peso (P5,000.00) communications allowance granted under OCA Circular No. 49-2021, dated 16 April 2021, are REMINDED to ENSURE that the internet service procured has sufficient bandwidth to enable them to electronically receive, transmit court documents and verify online transactions necessary for collection of legal fees and other court funds, apart from the conduct of videoconferencing hearings.

Any circular issued inconsistent herewith is revoked.

For strict compliance.

(SGD.) RAUL BAUTISTA VILLANUEVADeputy Court Administrator and(Per Memorandum Order No. 108-2021 dated 17 November 2021)

ANNEX A

Statement of Estimated Transportation and Travel Expenses (SETTE)

ANNEX B

Itinerary of Travel

ANNEX C

Disbursement Voucher

ANNEX D

Statement of Liquidation

ANNEX E

Certificate of Travel Completed

ANNEX F

Statement of Reimbursement

ANNEX G

Statement of Estimated Expenses for Execution of Writs (SEEFEW)

ANNEX H

Disbursement Voucher

ANNEX I

Itinerary of Expenses

ANNEX J

Statement of Liquidation