circular[ OCA CIRCULAR NO. 272-2016, December 05, 2016 ] 2016-12-05

[ OCA CIRCULAR NO. 272-2016, December 05, 2016 ]

[ OCA CIRCULAR NO. 272-2016, December 05, 2016 ]

[ OCA CIRCULAR NO. 272-2016, December 05, 2016 ]

TO : ALL JUDGES OF THE FIRST AND SECOND LEVEL COURTS

SUBJECT : SERVICE OF WRITS AND COURT PROCESSES IN CONNECTION WITH CASES INVOLVING FOREIGN GOVERNMENTS OR INSTRUMENTALITIES THEREOF

The Department of Foreign Affairs, through the Acting Assistant Secretary, Atty. Leo Tito L. Ausan, Jr., Office of Legal Affairs, requested the Office of the Court Administrator to issue a circular on the proper observance of Memorandum Circular No. 3 dated 14 March 1978 (Service of Writs and Court Processes in Connection with Cases Involving Foreign Governments or Instrumentalities Thereof), paragraph 2 of which pertinently provides:

Accordingly, you are hereby advised that henceforth court processes and writs issued in connection with cases involving foreign governments or agencies should be forwarded to the Department of Foreign Affairs for transmission to the foreign embassy concerned by diplomatic note. (Emphasis added)

The foregoing directive was reiterated in Circular No. 22 dated 02 September 1987 and further restated in Circular No. 3-91 dated 20 May 1991.

In view thereof and in consonance with the prevailing diplomatic practice, all concerned are hereby DIRECTED to FORWARD all court processes and writs issued in connection with cases involving foreign governments or agencies to the DEPARTMENT OF FOREIGN AFFAIRS for transmission to the foreign embassy concerned by diplomatic note.

For strict compliance.

December 5, 2016

(SGD.) JOSE MIDAS P. MARQUEZ Court Administrator

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