Service of documents under the Hague Service Convention

In 2020, the Philippines acceded to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (HCCH 1965 Service Convention). In October of the same year, HCCH 1965 Service Convention came into force in the country.

The HCCH 1965 Service Convention provides for the different channels by which a judicial or extrajudicial document may be transmitted from one state party to another state party for service in the latter. Thus, the Philippines’ accession to the same is an effort to streamline the procedure for the transmission of judicial and extrajudicial documents across international borders.

In 2020, to implement the provisions of the HCCH 1965 Service Convention, the Supreme Court (SC) issued Administrative Order (AO) No. 251-2020 or the Guidelines on the Implementation in the Philippines of The Hague Service Convention (2020 Guidelines). The 2020 Guidelines, however, only govern the operation and implementation of the Convention insofar as they concern judicial documents in civil or commercial matters.

Last 25 June 2024, the SC issued AO 101-2024 or the Philippine Guidelines on Service of Judicial and Extrajudicial Documents in Civil or Commercial Matters under The Hague Service Convention (2024 Guidelines). The 2024 Guidelines now govern the operation and implementation of the Convention, both judicial and extrajudicial documents in civil or commercial matters.

According to the 2024 Guidelines, “judicial document” refers to a document that relates to a civil or commercial matter, including, but not limited to: (a) summons, judgment, resolution, order, or other official document issued by a court in relation to an action or proceeding; and (b) a pleading, written motion, notice, appearance, demand, offer of judgment, or similar papers filed by a party to such action or proceeding. (Section 1.1.15)

Meanwhile, “extrajudicial document” refers to a document that is not a judicial document, that relates to a civil or commercial matter, including, but not limited to: (a) an extrajudicial settlement agreement; (b) a demand for payment; (c) a notice of termination of contract; and (d) a protest in connection with a bill of exchange. (Section 1.1.9)

The main channel for service in the HCCH 1965 Service Convention is by way of central authorities nominated by each contracting state. The Central Authority refers to an entity authorized by a State to receive and act on requests for service of foreign judicial or extrajudicial documents in the territory of such State. (Section 1.1.4)

Under the 2020 Guidelines, the Central Authority assigned for the Philippines is the Office of the Court Administrator (OCA). Under the 2024 Guidelines, while the OCA remains as the Central Authority, the Integrated Bar of the Philippines (IBP) was assigned as an additional authority to act on requests for service of foreign extrajudicial documents in the Philippines, as well as requests for service of a Philippine extrajudicial document in a foreign state. (Section 1.1.1)

Procedure for Outbound Requests for Service

With respect to outbound requests for service, the 2024 Guidelines provide that an application for service of a Philippine judicial document in a foreign state shall be filed with the court where the action has been instituted or where the proceeding has been commenced, in the form of a motion filed with leave of court. (Section 2.1.a)

Meanwhile, an application for service of a Philippine extrajudicial document in a foreign state shall be filed with the IBP. (Section 2.1.b)

Procedure for Inbound Requests for Service

With respect to inbound requests for service, the 2024 Guidelines provide that an application for service of a foreign judicial document in the Philippines shall be filed with the OCA either in electronic format by electronic mail to PHCA-Service@judiciary.gov.ph or in print format by registered mail or courier service to OCA’s postal address. (Section 3.1.a)

Meanwhile, an application for service of a foreign extrajudicial document in a Philippines shall be filed with the IBP either in electronic format by electronic mail to iliac@ibp.ph or in print format by registered mail or courier service to IBP’s postal address. (Section 3.1.b)

The 2024 Guidelines clarify that if a request for service of a foreign extrajudicial document is filed with the OCA, the OCA shall refer the Request to the IBP. (Section 3.1.c)

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