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
Date of Publication
6-2017
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
International Law
College
College of Law
Department/Unit
Law
Thesis Adviser
Anne Perpetual Rivera-Sia
Defense Panel Chair
Renato M. Pambid
Defense Panel Member
Vyva Victoria M. Aguirre
Rene G. Pilapil, Jr.
Abstract/Summary
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.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG006950; TG06950
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Keywords
Civil procedure--Great Britain; Civil procedure--United States; Summons--Philippines; Hague Service Convention
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Recommended Citation
Dela Paz, R. A. (2017). 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. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7275
Embargo Period
11-6-2024
Note
On the title page: Thesis proposal