The Philippines became a signatory of the Hague Service Convention on March 4, 2020, and its provisions entered into force on October 1, 2020.
Accordingly, in order to serve process in the Philippines, as per the US Supreme Court, service must be pursuant to the Hague Service Convention.
The Philippines has formally announced its opposition to mail service, but has yet to make any declarations regarding agent service.
According to the Central Authority of the Philippines, service under Article 5 is available, but mail service under Article 10 is not. Based on our prior experience, it is likely that agent service under Article 10 will also be prohibited. However, that remains to be seen.
Serving Process in the Philippines from the US
Historically, the Philippines have taken a relaxed attitude with respect to service of process originating in the United States. If enforcement of a judgment in the Philippines was not a concern, you could simply hire a Filipino process server. If you’re seeking to enforce a judgment, service would need to be via Letters Rogatory.
Serving Process Within the Philippines
Service originating from a Filipino court when effected upon a Filipino defendant is highly regulated and violation of such regulations is, historically, considered a criminal offense.
Because English is an official language of the Philippines, service through the Central Authority only requires translation if it is known that the defendant speaks or does business in Filipino.
If in doubt — and especially if service is originating in the US — as dictated by US due process rules, we recommend that translations be provided.
It remains to be seen whether the Central Authority of the Philippines will impose other requirements such as a processing fee.
We will update this information once we learn more.
The official languages of the Philippines are Filipino (Tagalog) and English. While Filipino is used for communication throughout the country, the government operates using English for most purposes.
That said, there are estimated to be between 120-187 languages and dialects spoken throughout the Philippines. Other popularly spoken languages include Cebuano, Ilocano, Hiligaynon, Waray-Waray, Central Bikol, Kapampangan, Pangasinan, Maranao, Tausug, Maguindanao, Zamboangueño, Kinaray-a, Surigaonon, Masbateño, Aklanon, Ibanag, Yakan, and Eskayan.
In March 2020, the Philippines signed on to the Hague Service Convention. It goes into effect October 2020 with some uncertainties.
Read moreLLS can assist you with service and can help you understand and meet the requirements for service of process in Philippines and more than 90 other countries. Call 800-755-5775 to speak with one of our staff attorneys and submit a request for service inquiry.
