Hague Service Convention Flashcards
The Hague Service Convention shall apply to? limitations?
- all civil matters
- all commercial matters
where there is occasion
to transmit a judicial or extrajudicial document for service abroad
- This Convention shall not apply where the address of the person to be served with the document is not
known
(A1)
Each Contracting State shall designate a _______ which will undertake to receive requests for
service coming from other Contracting States and to proceed in conformity with the provisions of Articles 3 to 6.
Each State shall organise the _________ in conformity with its own law.
Central Authority - A2
who is the Central Authority in the Philippines
Department of Justice
DFA maybe too
A3
The authority or judicial officer competent under the law of the State in which the documents originate shall forward to the Central Authority of the State addressed a request conforming to the model annexed to the present Convention, without any requirement of legalisation or other equivalent formality.
The document to be served or a copy thereof shall be annexed to the request. The request and the
document shall both be furnished in duplicate.
- judicial officer will forward the document to Phil’s Central Authority
- there is a standard format to follow
- # no need for legislation to effectAuthority or Judicial Officer: In the context of the Hague Service Convention, the “authority or judicial officer competent under the law of the State” refers to the person or entity in the country of origin (the sending country) responsible for initiating the process of serving legal documents.
Central Authority of the State Addressed: The “Central Authority” is a designated government agency in the country where the documents are to be served (the receiving country). The Central Authority is responsible for receiving and processing requests for service of documents from foreign jurisdictions.
Request Conforming to the Model Annexed to the Convention: The Hague Service Convention provides a standard model or template for the request for service of documents. This model ensures uniformity and clarity in the information provided, making it easier for the Central Authority in the receiving country to process the request.
No Requirement of Legalisation or Equivalent Formality: The Convention eliminates the need for certain formalities, such as legalization (authentication of documents), that would otherwise be required for the service of documents in a foreign country. This simplifies and streamlines the process.
Document to be Served: The actual document that needs to be served or a copy thereof should be attached to the request. This ensures that the Central Authority has the necessary information to handle the service.
Furnished in Duplicate: Both the request and the document to be served should be provided in duplicate, meaning two identical sets of documents are submitted
Article 4
If the Central Authority considers that the request does not comply with the provisions of the present
Convention it shall
- promptly inform the applicant and
- specify its objections to the request.
The Central Authority of the State addressed shall itself serve the document or shall arrange to have it
served by an appropriate agency, either –
a. method prescribed by internal law by the state you’ve addressed it to
b. particular method requested by applicant, unless method is incompatible with the law of the State
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a) by a method prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory, or
b) by a particular method requested by the applicant, unless such a method is incompatible with the
law of the State addressed.
Subject (contingent) to sub-paragraph (b) of the first paragraph of this Article, the document may always be served
by delivery to an addressee who accepts it voluntarily.
If the document is to be served under the first paragraph above, the Central Authority may require the
document to be written in, or translated into, the official language or one of the official languages of the
State addressed.
[This introduces a condition. If the document is to be served by the method described in the first paragraph (delivery to an addressee who accepts it voluntarily), the Central Authority may have the discretion to require that the document be written in, or translated into, the official language or one of the official languages of the State where the service is to take place.]
That part of the request, in the form attached to the present Convention, which contains a summary of
the document to be served, shall be served with the document.
Article 8
Each Contracting State shall be free to effect service of judicial documents upon persons abroad, without
application of any compulsion, directly through its diplomatic or consular agents.
Any State may declare that it is opposed to such service within its territory, unless the document is to be
served upon a national of the State in which the documents originate.
This means that the state can choose to use its diplomatic or consular agents for the service of documents.
The method of service mentioned is direct – that is, the contracting state can use its diplomatic or consular agents stationed in the foreign country to serve the documents. Diplomatic and consular agents are individuals representing a country’s government in a foreign state.
Article 12
The service of judicial documents coming from a Contracting State shall not give rise to any payment or
reimbursement of taxes or costs for the services rendered by the State addressed.
The applicant shall pay or reimburse the costs occasioned by –-
a) the employment of a judicial officer or of a person competent under the law of the State of destination,
b) the use of a particular method of service.
when can a state addressed refuse the request for service even when such service complies with the HSC?
A13 - the State addressed may refuse to comply therewith only if it deems that compliance would infringe its sovereignty or security
Article 15
Where a writ of summons or an equivalent document had to be transmitted abroad for the purpose of
service, under the provisions of the present Convention, and the defendant has not appeared,
judgment-shall NOT be given until it is established that –
a. document was served by method prescribed by internal law of state addressed
OR
b. doc was actually delivered to the defn or to his residence by another method provided by this Convention and service was effected in sufficient time to enabl defn to defend
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a) the document was served by a method prescribed by the internal law of the State addressed for
the service of documents in domestic actions upon persons who are within its territory, or
b) the document was actually delivered to the defendant or to his residence by another method
provided for by this Convention,
and that in either of these cases the service or the delivery was effected in sufficient time to enable
the defendant to defend.
ARTICLE 15
Each Contracting State shall be free to declare that the judge (from the State addressed) , notwithstanding the provisions of the first
paragraph of this Article, may give judgment even if no certificate of service or delivery has been
received, if all the following conditions are fulfilled –
the judge can render judgment w/o cert of service or delivery received if
a. doc transmitted by method of the HSC
b. not less than 6 (6) months has passed from transmission
c. no certificate received even with efforts to obtain it thru authorities
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a) the document was transmitted by one of the methods provided for in this Convention,
b) a period of time of not less than six months, considered adequate by the judge in the particular
case, has elapsed since the date of the transmission of the document,
c) no certificate of any kind has been received, even though every reasonable effort has been made
to obtain it through the competent authorities of the State addressed.
Notwithstanding the provisions of the preceding paragraphs the judge may order, in case of urgency,
any provisional or protective measures.
Article 16
When a writ of summons or an equivalent document had to be transmitted abroad for the purpose of
service, under the provisions of the present Convention, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled –
judge can relieve defendant from effects of the expiration of time for the appeal if:
a. w/o fault, the defendant did not know about the document or judgment to take action
b. defendant showed prima facie defesee
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a) the defendant, without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal, and
b) the defendant has disclosed a prima facie defense to the action on the merits.
The defendant has disclosed a prima facie defense to the action on the merits. A prima facie defense is one that, at first glance, appears to be valid and provides a plausible basis for contesting the legal claims made against the defendant
ARTICLE 16 continuation
An application for relief may be filed only within a reasonable time after the defendant has knowledge of the judgment.
Each Contracting State may declare that the application will not be entertained if it is filed after the expiration of a time to be stated in the declaration, but which shall in no case be less than one year
following the date of the judgment.
This article shall not apply to judgments concerning:
- application for relief expiration not be less than (1) one year from date of judgment
- judgment of status or
- # judgment of persons
This Article shall not apply to judgments concerning status or capacity of persons.
(BAR 2023)
Maria, a resident of the Philippines, received notice that a judgment had been entered against her in a civil case in Japan. The judgment was based on a writ of summons that had been transmitted abroad for service under the provisions of the Hague Service Convention.
The action was for sum of money but Maria was never in Japan to contract in the first place and on the same day Maria has proof that she was in a meeting proven by the minutes
Maria did not appear in the Japanese court proceedings, and the judgment was entered against her.
Judgment was on Jan 1 2023, Today is Dec 12, 2023.
As Maria’s counsel, what shall you advise?
As counsel, I shall advise Maria to file an application for relief provided that
a. Maria did not have knowledge regarding the summons or judgment against her
b. Maria has disclosed prima facie defence
c. filing an application for relief did not exceed one year from date of judgment
(BAR 2023)
Maria, a resident of the Philippines, received notice that a judgment had been entered against her marriage with Tanaka in Japan. The judgment was based on a writ of summons that had been transmitted abroad for service under the provisions of the Hague Service Convention.
Maria did not appear in the Japanese court proceedings, and the judgment was entered against her.
Judgment was on Jan 1 2023, Today is Dec 12, 2023.
As Maria’s counsel, what shall you advise?
Article 16 outlines that application for relief of judgment is not available for judgments concerning status or capacity of persons.
There is nothing i can do.
