Service is the act of providing a party with a copy of the pleading or any other court submission. Service, however, is not simply handing a document. There are strict rules to be complied with, which should not be taken lightly.
For instance, service of summons is a vital and indispensable ingredient of a defendant’s constitutional right to due process, such that if a defendant has not been validly summoned, the court acquires no jurisdiction over the person, and a judgment rendered against him shall be deemed void.
To lighten the cumbersome nature of service, the 2020 Rules on Civil Procedure introduced innovations to the different modes of service that are in line with technological advancements and legal developments.
Aside from the addition of service modes through accredited courier, electronic mail address, and facsimile transmission, a notable amendment under the 2020 Rules is the provision stating that service may be made through methods consistent with established international convention to which the Philippines is a party to.
This amendment inserted in 2019 was in anticipation of the country’s accession to the Hague Service Convention. In 2020, the Philippines has finally acceded to the Hague Service Convention, which was subsequently entered into force in October of the same year.
Prior to the effectivity of the 2020 Rules on Civil Procedure, extraterritorial service of summons and other documents involved a dreary process that are both time-consuming and costly on the part of the litigant. Fortunately, the accession to the Hague Service Convention substantially cuts the time of serving, and effectually addresses court delays.
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)
With respect to outbound requests for service of judicial document, 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).
An application for service of a Philippine document in a foreign State shall attach four copies of the following:
- The Model Form (the draft Request, Certificate, and Summary of Documents with Warning);
- The original documents to be served, or certified true copies, including its Annexes;
- Certified translations of the Model Form and documents, when necessary;
- An undertaking to pay the expenses associated with the service of the document; and
- Other requirements of the foreign State where the document will be served (Section 2.1.c).
If the court shall determine that an application for service of a Philippine document in a foreign State complies with the above-stated requirements, the court shall:
- Approve the application in the form of a court order;
- Require the applicant to submit a prepaid courier pouch for sending copies of the Request and attached documents to the appropriate foreign Central Authority or foreign Additional Authority;
- Accomplish and sign the Request through a justice or clerk of court of the collegiate court, or the judge of the lower court;
- Ensure completeness of the documents, and compliance with the requirements of the Hague Service Convention and of the appropriate foreign Central Authority or Additional Authority; and
- Transmit copies of the documents to the appropriate foreign Central Authority or foreign Additional Authority, and to the Office of the Court Administrator. (Section 2.3.a)
The court shall deny an application for service of a Philippine document in a foreign State, if such application does not comply with the requirements. (Section 2.3.b)
