Motion For Leave of Court - Administrative Order No. 251-2020 (AO 251-2020)

Republic of the Philippines
National Capital Judicial Region

REGIONAL TRIAL COURT
Branch Pasig City
(Stationed in San Juan City)
IN THE MATTER OF
Petitioner,
For: Recognition of Foreign
Judgement, and Cancellation of
-versus- Entry under Rule 108 of the
Revised Rules of Court
HIROK
Private Respondent
OFFICE OF THE CIVIL REGISTRY

SAN JUAN CITY,
PHILIPPINE STATISTICS AUTHORITY

Public Respondents.
x--------------------------------------------------x
MOTION FOR LEAVE OF COURT FOR THE

EXTRATERRITORIAL SERVICE OF SUMMONS UNDER THE
HAGUE SERVICE CONVENTION
Petitioner, DELIA through the undersigned counsel and unto this

Honorable Court, most respectfully state that:
Motion for Leave of Court for the

Extraterritorial Service of Summons
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1. Petitioner filed the instant petition for Recognition of Foreign
Judgment, and Cancellation of Entry under Rule 108 of the Revised
Rules of Court on 01 December 2019 before this Honorable Court;
2. On 19 April 2021, this Honorable Court ordered the issuance of

a Summons upon Respondent Hirok;
3. Be it noted, however, that Respondent Hirok does not reside

and is not found in the Philippines;
4. Section 17, Rule 14 of the Revised Rules of Court provides

that:
“Section 17. Extraterritorial Service. – When the defendant

does not reside and is not found in the Philippines, and the
action affects the personal status of the plaintiff or relates to, or
the subject of which is, property within the Philippines, in
which the defendant has or claims a lien or interest, actual or
contingent, or in which the relief demanded consists, wholly or
in part, in excluding the defendant from any interest therein, or
the property of the defendant has been attached within the
Philippines, service may, by leave of court, be effected out of
the Philippines by personal service as under section 6; or as
provided for in international conventions to which the
Philippines is a party; or by publication in a newspaper of
general circulation in such places and for such time as the court
may order, in which case a copy of the summons and order of
the court shall be sent by registered mail to the last known
address of the defendant, or in any other manner the court may
deem sufficient. Any order granting such leave shall specify a
reasonable time, which shall not be less than sixty (60) days
after notice, within which the defendant must answer.”

Page
5. Pursuant to the above provision, the Supreme Court issued
Administrative Order No. 251-2020 (AO 251-2020) and provide as
follows:
I. General Provisions
1. xxx
2. Application of the Hague Service Convention. – The
Hague Service Convention shall apply in the Philippines,
provided the following conditions are present:
a. A document is to be transmitted from one State Party

for service to another State Party;
b. The address of the intended recipient in the receiving
State Party is known;
c. The document to be served is a judicial document; and
d. The document to be served related to a civil or
commercial matter.
6. Furthermore, AO 251-2020 provides that:
II. Requests for Extraterritorial Service of Judicial

Documents from the Philippines to Other State Parties
(Outbound Requests for Service)
1. Application. – Upon motion for leave of court of a party

in a civil or commercial proceeding, the court shall
determine whether extraterritorial service though the
Hague Service Convention is necessary, in accordance
with Rules 13 and 14 of the Rules of Court, as amended.
The motion shall be accompanied, in duplicate, by the
following documents:

Page
a. A copy of the Model Form, including the Request
Certificate, Summary of Documents to be Served, and
Warning;
b. The original documents to be served or certified true
copies thereof, including all annexes;
c. Certified translations of the Model Form and all
accompanying documents, where necessary;
d. Any other requirements of the Requested State, taking
into account its reservations, declarations and
notifications, which may be found in the HCCH website.”
7. In compliance with the above-mentioned provision, this motion

is accompanied by the following documents:
a. Annex “A” – Duly executed Model Form;
b. Annex “A-2” – Request Certificate;
c. Annex “A-3” – Warning;
d. Annex “B” – Original copy of the Summons to be served;
e. Annex “C” – Original copy of the Amended Petition for

Recognition of Foreign Judgement, and Cancellation of Entry
under Rule 108 of the Revised Rules of Court;
f. Annex “D” – Copy of the Model Form duly translated in

Japanese;
g. Annex “E” – Copy of the Summons duly translated in

Japanese;

Page
h. Annex “F” – Copy of the Petition for Amended Petition for
Recognition of Foreign Judgement, and Cancellation of Entry
under Rule 108 of the Revised Rules of Court
i. Annex “E” – Affidavit of Undertaking to pay any fees

associated with the service of Summons
8. In view of the foregoing, the Petitioner herein prays that the

instant motion be given due course.
PRAYER
WHEREFORE, premises considered, petitioner respectfully prays

before this Honorable Court, to GRANT the instant motion for leave
of court for the extraterritorial service of summons and ISSUE order
directing the extraterritorial service of summons utilizing the Hague
Service Convention.
Other reliefs just and equitable are likewise prayed for.
Bonifacio Global City, Taguig City, (for Pasig City); 16 July 2021.
By:

Page
Request for Hearing
Hon. Branch Clerk of Court

Branch Clerk of Court
Regional Trial Court,
Greetings!
Please submit the foregoing “Motion with Leave of Court

for the Extraterritorial Service Summons under the Hague
Service Convention” submitted for the consideration and
approval of the Honorable Court on 23 July 2021 at 1:30
o’clock in the afternoon, or as soon as the counsel for the
petitioner is heard.
Notice of Hearing
Office of the Civil Registry of San Juan City,

Philippine Statistics Authority

Page
Greetings!
Kindly take notice that “Motion with Leave of Court for

the Extraterritorial Service Summons under the Hague Service
Convention” will be submitted for the consideration and
approval of the Honorable Court on 23 July 2021 at 1:30
o’clock in the afternoon, or as soon as the counsel for the
petitioner is heard.
Copy furnished:
OFFICE OF THE CIVIL REGISTRY

SAN JUAN CITY
City Hall Compound of San Juan City
PHILIPPINE STATISTICS AUTHORITY

PSA Complex, East Avenue,
Quezon City

Page

Motion For Leave of Court - Administrative Order No. 251-2020 (AO 251-2020)

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Republic of the Philippines

National Capital Judicial Region

OFFICE OF THE CIVIL REGISTRY

PHILIPPINE STATISTICS AUTHORITY

MOTION FOR LEAVE OF COURT FOR THE

Petitioner, DELIA through the undersigned counsel and unto this

Motion for Leave of Court for the

2. On 19 April 2021, this Honorable Court ordered the issuance of

3. Be it noted, however, that Respondent Hirok does not reside

4. Section 17, Rule 14 of the Revised Rules of Court provides

“Section 17. Extraterritorial Service. – When the defendant

Motion for Leave of Court for the

a. A document is to be transmitted from one State Party

6. Furthermore, AO 251-2020 provides that:

II. Requests for Extraterritorial Service of Judicial

1. Application. – Upon motion for leave of court of a party

Motion for Leave of Court for the

7. In compliance with the above-mentioned provision, this motion

a. Annex “A” – Duly executed Model Form;

b. Annex “A-2” – Request Certificate;

c. Annex “A-3” – Warning;

d. Annex “B” – Original copy of the Summons to be served;

e. Annex “C” – Original copy of the Amended Petition for

f. Annex “D” – Copy of the Model Form duly translated in

g. Annex “E” – Copy of the Summons duly translated in

Motion for Leave of Court for the

i. Annex “E” – Affidavit of Undertaking to pay any fees

8. In view of the foregoing, the Petitioner herein prays that the

WHEREFORE, premises considered, petitioner respectfully prays

Other reliefs just and equitable are likewise prayed for.

Motion for Leave of Court for the

Hon. Branch Clerk of Court

Please submit the foregoing “Motion with Leave of Court

Office of the Civil Registry of San Juan City,

Motion for Leave of Court for the

Kindly take notice that “Motion with Leave of Court for

OFFICE OF THE CIVIL REGISTRY

PHILIPPINE STATISTICS AUTHORITY

Motion for Leave of Court for the

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