OCA CIRCULAR NO. 119-2004, September 30, 2004

The attention of this Court has been called by the Department of
Foreign Affairs that pursuant to DFA, Department Order No. 19A-95,
Philippine Foreign Service personnel, as a general rule, is forbidden
from servicing subpoenas, citations, complaints, or other forms of legal
process in the country of their assignment in connection with cases
pending in the courts of the Philippines .

“However, unless prohibited by local law, foreign service
personnel may, upon the request of a clerk of court or proper Philippine
court authorities, serve the following:

1. Subpoena issued by a court of the Philippines
   commanding witness, who is a citizen of the Philippines residing in a
   foreign jurisdiction and who has failed or neglected to appear and give
   testimony in answer to letters rogatory, or who has appeared and refused
   to give testimony, to appear before the issuing court at a time and
   place designated in the subpoena.

2. Subpoenas issued by a court of the
   Philippines at the request of the Solicitor General or assistants acting
   under him, to compel the attendance of a witness, who is a citizen of
   the Philippines residing in a foreign jurisdiction, at the trial of a
   criminal case.

3. Order to show cause issued in contempt proceedings on a witness
   who has failed or neglected to appear in answer to a subpoena served.

4. Documents relating to fraudulent. naturalization when such
   documents are forwarded by duly authorized officials of Philippine
   courts.”

In all instances, the service of the above enumerated documents should be done through the Department of Foreign Affairs.

For your information and compliance.

30 September 2004