SC CIRCULAR NO. 3-91, May 20, 1991

SC CIRCULAR NO. 3-91, May 20, 1991

Circulars May 20, 1991
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OFFICE OF THE COURT ADMINISTRATOR

TO:
ALL JUDGES OF THE COURT OF TAX APPEALS, REGIONAL TRIAL
COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL
TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS AND
SHARI’A CIRCUIT COURTS
 
SUBJECT:
Service of Writs and Court Processes in :connection with
Cases involving Foreign Governments or Instrumentalities
thereof

The attention of this Court has been called by the Department
of Foreign Affairs, Manila, to persistent complaints from its foreign posts and
the foreign embassies in Manila that court processes have been mailed or
otherwise delivered to them without coursing the same through the
Department.

As the practice complained of is not in consonance with
diplomatic practice, this Court had previously issued Memorandum Circular No. 3
dated March 14, 1978, copy of which is herewith attached as Annex “A”, and
Circular No. 22 dated September 2. 1987, copy of which is likewise herewith
attached as Annex “B”, advising all judges that court processes and writs issued
in connection with cases involving foreign governments or agencies should be
forwarded to the Department of Foreign Affairs for proper transmission to the
foreign embassies concerned by-diplomatic note.

This Court hereby reiterates the herein mentioned Memorandum
Circular No. 3 and Circular No. 22, and enjoins strict compliance therewith.

May 20, 1991.

   
(SGD.) JOSUE N. BELLOSILLO
   
Court Administrator

ANNEX “A”

ADMINISTRATIVE CIRCULAR OF COURTS

ADMINISTRATIVE CIRCULAR NO. 3

TO:
ALL JUDGES OF THE COURT OF TAX APPEALS, COURTS OF FIRST
INSTANCE, CIRCUIT CRIMINAL COURTS, JUVENILE AND DOMESTIC RELATIONS COURTS,
COURTS OF AGRARIAN RELATIONS AND CITY AND MUNICIPAL COURTS
 
SUBJECT:
SERVICE OF WRITS AND COURT PROCESSES IN CONNECTION WITH CASES
INVOLVING FOREIGN GOVERNMENTS OR INSTRUMENTALITIES
THEREOF

The attention of this Court has been called to diplomatic notes
received by the Department of Foreign Affairs complaining that court processes
or writs hare been mailed or otherwise delivered directly to embassies of
foreign governments or agencies thereof without coursing the same through the
Department of Foreign Affairs. The practice complained of is not in consonance
with diplomatic practice.

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

Strict compliance herewith is enjoined.

March 14, 1978.

   
(SGD.) FRED RUIZ CASTRO
   
Chief Justice

ANNEX “B”

CIRCULAR NO. 22

TO:
ALL JUDGES OF THE COURT OF TAX APPEALS, REGIONAL TRIAL
COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL
TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS AND
SHARI’A CIRCUIT COURTS
 
SUBJECT:
Service of Writs and Court Processes in connection with Cases
involving Foreign Governments or Instrumentalities
thereof

The attention of this Court has been called by. the Department
of Foreign Affairs, Manila, to persistent complaints from its foreign posts and
the foreign embassies in Manila that court processes have been mailed or
otherwise delivered to them without coursing the same through the
Department.

As the practice complained of is not in consonance with
diplomatic practice, this Court had previously issued Memorandum Circular No. 3,
dated March 14, 1978 advising all judges that 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.

This Court hereby reiterates this Circular and enjoins strict
compliance therewith.

September 2, 1987

   
(SGD.) CLAUD10 TEEHANKEE
   
Court Administrator