Tuesday, April 5, 2011

AM No. 11-3-6-SC; new rule on service of summons on foreign juridical entities.

AM. No. 11-3-6-SC

AMENDMENT OF SECTION 12, RULE 14 •
OF THE RULES OF COURT ON SERVICE UPON
FOREIGN PRIVATE JURIDICAL ENTITY

Section 12, Rule 14 of the Rules of Court is hereby amended to read
as follows:

"SEC. 12. Service upon foreign private juridical entity. —
When the defendant is a foreign private juridical entity which
has transacted business in the Philippines, service may be made
on its resident agent designated in accordance with law for that
purpose, or, i f there be no such agent, on the government
official designated by law to that effect, or on any of its officers
or agents within the Philippines.

If the foreign private juridical entity is not registered in
the Philippines or has no resident agent, service may, with leave
of court, be effected out of the Philippines through any of the
following means:

a) B y personal service coursed through the
appropriate court in the foreign country with the
assistance of the Department of Foreign Affairs;

b) B y publication once in a newspaper of general
circulation in the country where the defendant may be
found and by serving a copy of the summons and the
court order by-registered mail at the last known address
of the defendant;

c) B y facsimile or any recognized electronic
means that could generate proof of service; or

d) B y such other means as the court may in its
discretion direct."

This rule shall take effect fifteen (15) days after publication in a
newspaper of general circulation in the Philippines.

March 15, 2011