Philippines Process Server

Overview

Process Server in Philippines: How Service of Process Works

The Philippines deposited its instrument of accession to the Hague Service Convention on March 4, 2020, with the Convention entering into force domestically on October 1, 2020. The Supreme Court of the Philippines designated its Office of the Court Administrator (OCA) as the Central Authority. The Philippines objected to Article 8 (except service on its own nationals) and to the Article 10(a) postal and 10(c) interested-party channels, so most requests must go through the OCA, while extrajudicial documents route through an additional authority, the Integrated Bar of the Philippines.

In the Philippines, a U.S. judgment is not enforced automatically. Under Section 48 of Rule 39 of the Rules of Court, a foreign judgment against a person is presumptive evidence of a right, and the creditor brings an action in a Philippine court to enforce it. The defendant can defeat it by showing want of jurisdiction, want of notice, collusion, fraud, or a clear mistake of law or fact.

'Want of notice' makes service decisive. Since the Hague Service Convention took effect for the Philippines on 1 October 2020, serving through the Office of the Court Administrator, with a sheriff's return, gives the clearest evidence that the defendant was notified.

English is an official language and the language of the courts, so translation is rarely needed, which keeps Hague requests to the Philippines simpler than many.

Under the 2019 amendments to Rule 14, a sheriff must try personal service first. Substituted service, such as leaving the summons with a competent person at the home or office, is allowed only after several attempts, which the rules define as at least three tries on at least two different dates. Corporations are served through officers named in the rules, such as the president, general manager, corporate secretary, treasurer or in-house counsel.

Who serves process

Who Can Serve Legal Documents in the Philippines

The Philippines has a mixed legal system with common-law procedure. Service of summons is governed by Rule 14 of the Rules of Court, as amended in 2019. Summons are served by a sheriff, a deputy sheriff or another proper court officer, and personal service comes first, with substituted service only when personal service fails.

The Hague Service Convention has been in force for the Philippines since October 1, 2020. Requests from abroad go to the Office of the Court Administrator of the Supreme Court, which forwards them to the court for the area where the person lives. That court assigns a sheriff or process server to serve the documents.

Typical documents include summonses with the complaint, subpoenas, notices and court orders.

The rules

Philippines Service of Process Rules

Key provisions of the Rules of Court, as amended in 2019:

Treaties

Hague Service Convention and Philippines

The Philippines is a party to the Hague Service Convention, so documents can be sent to its Central Authority, which arranges service and returns a Certificate of Service. The Philippines has made a declaration on Article 10, which limits service by post or by private agents, so we confirm which methods are open before choosing one.

The Philippines is also a party to the Hague Evidence Convention, so witness testimony and documents can be requested with a Letter of Request.