Philippines Judicial Assistance
PROVISO: This flyer seeks only to provide information; it is not an opinion on any aspect of U.S., Philippine, or international law. The U.S. Department of State does not intend by the contents of this flyer to take a position on any aspect of any pending litigation.
General: The Philippines is not a party to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters. Service of process in the Philippines can be accomplished by a variety of methods:
Service by international registered mail , return receipt requested;
Personal service by an agent , generally a Philippine attorney. Lists of Philippine attorneys are available from the Department of State, Office of American Citizens Services and directly from the U.S. Embassy in Manila. The Philippine attorney may also arrange for service by a Philippine process server. Proof of service would be in the form of an affidavit executed before a U.S. consular officer by the individual effecting service;
Direct Service by a Philippine Process Server: It is our understanding that Section 17, Rule 14 and Section 3, Rule 13 of the Philippine Rules of Court provide that process servers, sheriffs of each Philippine province and their deputies, as well as other offices of the Philippine court such as attorneys, may effect service.
Service by Publication ;
Service Pursuant to a Letter Rogatory : The use of letters rogatory to effect service of process in the Philippines is not common practice, and is not generally encouraged since it can take more than a year to accomplish and local Philippine authorities may be unfamiliar with the procedure and therefore reluctant to execute such a request.
See our general service of process flyer for more information.
Voluntary Depositions of Willing Witnesses: Depositions of willing witnesses may conducted in the Philippines regardless of the nationality of the witness. Telephone depositions are also permitted. Depositions can take place at any location, including a hotel, office or the U.S. Embassy. The procedure for taking depositions does not vary in civil, commercial, administrative, domestic relations or criminal cases. Commercial stenographer services are available in the Philippines for the purpose of transcribing the testimony of witnesses in a voluntary deposition. If the testimony of a Philippine Government official concerning official government functions is sought, permission must be obtained from the Philippine Government.
Citation: Article VIII (1)(A) of the U.S. - Philippine Consular Convention of 1948 provides that U.S. consular officers may take the (voluntary) deposition in the Philippines of U.S. citizens and permanent residents of the United States.
Consular Assistance: Services of the U.S. consular officer must be scheduled in advance in connection with the taking of depositions. If the services of a U.S. consular officer are required to administer oaths to the witnesses, stenographer and any interpreter outside the Embassy, additional fees are charged for such services. For additional information, including details concerning consular fees, see the Office of American Citizens Service''s information flyer Obtaining Evidence Abroad .
HOST COUNTRY CLEARANCE - PARTICIPATION OF LOCAL, STATE OR FEDERAL GOVERNMENT OFFICIALS FROM THE UNITED STATES: If a local, state, or federal government official from the United States intends to participate in the voluntary deposition of a willing witness in the Philippines, formal host country clearance is required. This can be obtained by contacting the Office of American Citizens Services. The request should be made at least ten days prior to the taking of the deposition to allow sufficient time for the Philippine authorities to make a determination about the official travel.
COMPULSION OF EVIDENCE: Testimony of an unwilling witness and other evidence may be compelled in the Philippines pursuant to a letter rogatory. Letters rogatory generally are transmitted through the diplomatic channel. Consequently such requests should be sent to the Department of State, Office of American Citizens Services for forwarding to the American Embassy in Manila. The Embassy will transmit the request to the Philippine Foreign Ministry. The Foreign Ministry will transmit the request to the Ministry of Justice. The letter rogatory is executed by a Philippine court. It may be possible, subject to the ruling of the presiding Philippine judge, for foreign (American) counsel to participate in proceedings before the Philippine Court. It may also be possible to request that local Philippine counsel be permitted to participate in the proceedings. These options should be included in the letter rogatory issued by the requesting court in the United States. A verbatim transcript of testimony is always prepared by the Philippine court. Authentication of the letter rogatory by the Philippine consul is required. Documents may be prepared in English. No other translation is required. For further information about the letters rogatory process, see the Office of American Citizens Service''s information flyer, Preparation of Letters Rogatory .
PHILIPPINE BLOCKING STATUTE : The Philippines does have a law restricting the use of documents and information vital to the national interest in certain proceedings and processes. The Philippine blocking statute, Presidential Decree 1718 of August 21, 1988 is still in effect and has not been amended. Implementing rules and regulations called for in the section of the law dealing with requests for judicial assistance have not been promulgated.
U.S. EMBASSY LOCATION: U.S. Embassy, Consular Section, American Citizens Services, 1201 Roxas Blvd., 1000 Manila, Philippines; tel: 011-63-2-521-7116; fax: 011-63-2-522-3242.
Using the Internet: Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home page under Judicial Assistance.
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See also, the Department of State, Office of the Legal Adviser for Private International Law home page .
TREATY DATABASES ON THE INTERNET:
United States Department of State, Office of the Legal Adviser, Treaty Affairs, List of Treaties and Other International Agreements of the United States In Force: http://www.state.gov/s/l/treaty/treaties/index.htm
United Nations (UN): Databases/Treaties
Council of Europe (COE): under Texts/TreatiesOrganization of American States (OAS): under Public Information/Documents/Treaties.
QUESTIONS : Should you have further questions about the procedures not addressed in this material, please contact the Office of American Citizens Services, East Asia and Pacific Division, Department of State, 2201 C Street, N.W., SA-29, 4th Floor, Washington, D.C. 20520, 202-647-5226; fax: 202-647-2835.
