By Tetch Torres
INQUIRER.net First Posted 20:13:00 03/15/2011
Filed Under: Judiciary (system of justice), foreigner, Crime
MANILA, Philippines—The Supreme Court will now allow the use of electronic means to serve summons to foreign corporations being sued in the Philippines and have no resident agent or are not registered to do business in the country.
This was implemented after the Supreme Court approved the amendment to the Rules of Court particularly Rule 14, Section 12, as announced at a press conference on Tuesday held at the Supreme Court’s Dignitaries Lounge in Manila by Deputy Public Information chief Atty. Gleo Guerra.
“The amendment will allow service of summons upon a foreign private juridical entity which is not registered in the Philippines or has no resident agent upon leave of court (permission of the court to take action),” Guerra said.
Before, the Rules of Court only provides for the manner of service of summons upon a foreign corporation who has an agent or is doing business in the country.
“When the defendant is a foreign private juridical entity which has transacted business in the Philippines, service may be made on its resident agent designated in accordance with law for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its officers or agents within the Philippines,” Section 12 Rule 14 of the Rules of Court stated.
Now foreign corporations, even without business or are not registered in the country can be served with summons through the following means:
• By personal service coursed through the appropriate court in the foreign country with the assistance of the Department of Foreign Affairs;
• By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant;
• By facsimile or any recognized electronic means that could generate proof of service or by such other means as may be warranted in the discretion of the court.
However, Guerra did not specify other forms of electronic means as long as it can be proved in court that the defendant has received the summons.
He added the amendment will be effective 15 days from publication in a newspaper of general circulation.
INQUIRER.net First Posted 20:13:00 03/15/2011
Filed Under: Judiciary (system of justice), foreigner, Crime
MANILA, Philippines—The Supreme Court will now allow the use of electronic means to serve summons to foreign corporations being sued in the Philippines and have no resident agent or are not registered to do business in the country.
This was implemented after the Supreme Court approved the amendment to the Rules of Court particularly Rule 14, Section 12, as announced at a press conference on Tuesday held at the Supreme Court’s Dignitaries Lounge in Manila by Deputy Public Information chief Atty. Gleo Guerra.
“The amendment will allow service of summons upon a foreign private juridical entity which is not registered in the Philippines or has no resident agent upon leave of court (permission of the court to take action),” Guerra said.
Before, the Rules of Court only provides for the manner of service of summons upon a foreign corporation who has an agent or is doing business in the country.
“When the defendant is a foreign private juridical entity which has transacted business in the Philippines, service may be made on its resident agent designated in accordance with law for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its officers or agents within the Philippines,” Section 12 Rule 14 of the Rules of Court stated.
Now foreign corporations, even without business or are not registered in the country can be served with summons through the following means:
• By personal service coursed through the appropriate court in the foreign country with the assistance of the Department of Foreign Affairs;
• By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant;
• By facsimile or any recognized electronic means that could generate proof of service or by such other means as may be warranted in the discretion of the court.
However, Guerra did not specify other forms of electronic means as long as it can be proved in court that the defendant has received the summons.
He added the amendment will be effective 15 days from publication in a newspaper of general circulation.
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