International Service of Process In The Phillipines
The Philippines is not a signatory to the Hague Service Convention, so all service of process must take place through the formal method of Letters Rogatory or the informal method of service via agent.
PROCESS SERVICE IN THE PHILIPPINES
Because the Philippines is not a signatory to the Hague Service Convention, those who need to serve an individual or corporation in the nation must serve them through Letters Rogatory if they are seeking to collect a judgment or enforce any part of the case outcome.
Translation of Documents
As long as the documents are in English, no translation is required for service in the Philippines.
PROCESS SERVICE UNDER LETTERS ROGATORY IN THE PHILIPPINES
Letters Rogatory is essentially a request from the courts of one country to the courts of another for a specific act. This provides a way to establish jurisdiction in another country where there is no formal treaty agreement. These requests must be completed through diplomatic channels and oftentimes takes up to a year or more for service to be completed and an affidavit to be received.
These requests must follow the rules of the local courts, so it’s important to be aware of those rules before requesting a particular type of service. Documents that are usually required to be provided include:
- Case synopsis
- Type of request
- Signature of judge
- Information of those being served
- Various statements regarding request for assistance, payment and reciprocal support
INFORMAL SERVICE OF PROCESS IN THE PHILIPPINES
Service via an agent is also an option, although it will not be recognized by the government of the Philippines. Judgements made in the United States can not be enforced in the Philippines.
Service via agent can provide an alternate where judgments will need to be enforced, especially as the timeline is much shorter and the cost considerably less than service through Letters Rogatory.
SERVING COURT DOCUMENTS IN THE PHILIPPINES
Service of process in the Philippines follows very strict rules, especially as they are not a signatory to the Hague Convention. Submitted requests for service must be completed exactly as required in order for them to be completed.
The staff of DGR Legal are not lawyers, nor is our organization a law firm. The information provided on this website does not, and is not intended to, constitute legal advice. Rather, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
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