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    The Service Convention

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    Ray John Arandia Dorig
    The Service Convention provides guidelines for transmitting judicial documents between states. It aims to simplify serving court documents to parties living abroad to reduce delays. Each state designates a central authority to receive service requests from other states. The central authority then serves the documents according to its own laws or the requesting party's preferred method, unless incompatible. After service, a certificate is sent to the applicant with details. If service fails, the applicant is notified of the reason. In the Philippines, service can be made abroad under this convention by sending a request to the central authority of the state where the respondent resides, who will then serve the documents according to its own laws on service. The convention enhances justice administration and promotes efficiency compared to traditional service methods.

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    The Service Convention

    Uploaded by

    Ray John Arandia Dorig
    14 views2 pages
    The Service Convention provides guidelines for transmitting judicial documents between states. It aims to simplify serving court documents to parties living abroad to reduce delays. Each state designates a central authority to receive service requests from other states. The central authority then serves the documents according to its own laws or the requesting party's preferred method, unless incompatible. After service, a certificate is sent to the applicant with details. If service fails, the applicant is notified of the reason. In the Philippines, service can be made abroad under this convention by sending a request to the central authority of the state where the respondent resides, who will then serve the documents according to its own laws on service. The convention enhances justice administration and promotes efficiency compared to traditional service methods.

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    Summary and pplication of the Service convention

    Original Title

    Service Convention

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    The Service Convention provides guidelines for transmitting judicial documents between states. It aims to simplify serving court documents to parties living abroad to reduce delays. Each state designates a central authority to receive service requests from other states. The central authority then serves the documents according to its own laws or the requesting party's preferred method, unless incompatible. After service, a certificate is sent to the applicant with details. If service fails, the applicant is notified of the reason. In the Philippines, service can be made abroad under this convention by sending a request to the central authority of the state where the respondent resides, who will then serve the documents according to its own laws on service. The convention enhances justice administration and promotes efficiency compared to traditional service methods.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    14 views2 pages

    The Service Convention

    Uploaded by

    Ray John Arandia Dorig
    The Service Convention provides guidelines for transmitting judicial documents between states. It aims to simplify serving court documents to parties living abroad to reduce delays. Each state designates a central authority to receive service requests from other states. The central authority then serves the documents according to its own laws or the requesting party's preferred method, unless incompatible. After service, a certificate is sent to the applicant with details. If service fails, the applicant is notified of the reason. In the Philippines, service can be made abroad under this convention by sending a request to the central authority of the state where the respondent resides, who will then serve the documents according to its own laws on service. The convention enhances justice administration and promotes efficiency compared to traditional service methods.

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    © All Rights Reserved
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    The service Convention

    The Service convention provides for the manner and mode of transmission to be used
    when a judicial or extrajudicial document is to be transmitted form one State party to another
    State party. This applies in all cases, civil or commercial matters, unless the address of the
    person to be served with the document is not known. In other words, the Convention aims to
    simplify the process of serving court documents on parties living in another state which will
    greatly reduce court delays.

    Pursuant to Article 2 of the Convention, a State party shall designate a Central Authority
    which will undertake to receive requests for service coming from other State parties. This
    Central Authority shall itself serve the document or shall arrange to have it served either by the
    method prescribed by its internal law or by a particular method requested by the applicant,
    unless such method is incompatible with the law of the State addressed. After the service of the
    document, a certificate containing the fact of service, including the method, place, and date of
    service shall be sent to the applicant, pursuant to Article 6. If for some reason there was a
    failure of service, the same fact shall be sent to the applicant and the reason which have
    prevented the service.

    In the PH, pursuant to the Rule 14 of the ROC, when a respondent is a non-resident,
    service may, by leave of court, be effected out of the Philippines by personal service, or by a
    publication in a newspaper of general circulation as the court may order and a copy of the
    summons shall be sent by mail to the address of the non-resident. Said Rule also provides that
    the service may be effected in accordance with “international conventions to which the
    Philippines is a party”. Thus, applying the provisions of the Service Convention, service of
    summons may be effected by sending an application to the designated Central Authority by the
    State to which the respondent is a resident of. Said Central Authority then shall itself serve the
    summons pursuant to its own procedural law regarding service of summons.
    In conclusion, the Convention shall enhance the overall administration of Justice and
    shall promote efficiency by departing from traditional mode of serving documents or court
    processes to non-resident parties.

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