Expanding the rules on summons: Assessing the viability of Philippine accession to the Hague Service Convention & providing key learnings from British and American civil procedure: A treatise on summons

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ID: 286473
2017
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Abstract
The Philippines’ rules on summons, if compared with the rules and conventions employed by other jurisdictions, are lacking. Hence, these rules can be expanded and developed. If the Philippines accede to the Hague Service Convention, a multilateral treaty unifying transnational service of processes and court documents through a Central Authority and other channels, it could greatly enrich its rules on civil procedure; particularly, on the mode of effecting extraterritorial service of summons. The country’s inclusion in the Convention offers a simplified and expeditious mode of effecting summons (and other court documents) on defendants outside the Philippines. Additionally, the protections of the Convention for defendants; namely, a stay of judgment due to default (Art. 15) or an extension to file an appeal (Art. 16) can be efficient safeguards against Filipinos sued outside the Philippines. Further, the Philippines could employ the rules and provisions on summons as interpreted and employed in the United Kingdom (U.K.) and the United States (U.S.). If such foreign statutory provisions are incorporated, the “revised” rules on Philippine summons would include a greater role for the plaintiff or a third-party not affiliated with the case, to effect service of summons on the defendant. An explicit time frame will be given in the Rules of Court in effecting service of summons; the possibility of a waiver of service of summons; and the union of the initiatory pleading of Complaint and Summons can be explored to expedite proceedings, are also viable inclusions to Philippine procedural law on summons.
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Authors Dela Paz, Rikki Daniele Louis A.
Journal Malay Journal
Year 2017
DOI
DOI not found
URL
https://animorepository.dlsu.edu.ph/etd_masteral/7275
Keywords Keywords not found

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