Supreme Court issues Rules on the Transmission and Execution of Letters of Request for Taking of Evidence in Civil or Commercial Matters

On 14 July 2010, with the concurrence of the Senate, the Philippines formally became a member of the Hague Conference on Private International Law (“HCCH”). In relation to the HCCH would be the 1970 Convention on Taking of Evidence Abroad in Civil and Commercial Matters (“Hague Evidence Convention”).

Now, in line with its obligations under Article II of the 1987 Constitution and pursuant to its Rule Making Power, the Supreme Court, on 9 March 2025, promulgated the Rules on the Transmission and Execution of Letters of Request for Taking of Evidence in Civil or Commercial Matters Under the 1970 Hague Evidence Convention (“Rules”) in order to facilitate the requesting and sending of evidence to and from other Contracting States.

Both these rules and the Hague Evidence Convention have a very specific scope and application. Under Section 1 of the Rules, it shall only govern Letters of Request involving civil and commercial matters of some other related judicial act, provided that the other State involved is a member of the Hague Evidence Convention. 

The process for sending a request for evidence from a Contracting State begins with the filing of a Motion for the issuance of a Letter of Request. For proceedings that have already commenced, the Motion must be filed before the court where the action is pending. For contemplated proceedings, the Motion shall be filed where the requesting party has filed a petition to perpetuate testimony. 

Once the Motion and all necessary attachments are submitted before the relevant court, the presiding judge shall determine whether the requesting party has complied with all the requirements under the Rules. Once the judge determines that the motion is compliant, it shall coordinate with the body authorized to receive Letters of Request from the requested state, otherwise known as a Central Authority under the Hague Evidence Convention. From there, the court and the foreign Central Authority shall coordinate to acquire the evidence requested.

In the Philippines, the Central Authority would be the Office of the Court Administrator (“OCA”) who shall determine if the Letter of Request from the requesting State’s forwarding authority is compliant with the Hague Evidence Convention and these Rules. Under the Rules, the OCA must also determine if compliance with the request will infringe upon the national sovereignty or security of the Philippines. If approved, the Executive or Presiding Judge of the Regional Trial Court having territorial jurisdiction over the evidence sought shall cause the execution of the Letter of Request.

The requesting party may also ask that the taking of evidence be done through videoconferencing, but this must be specified in the Letter of Request. If granted, the videoconference shall take place in the relevant courtroom unless, for reasons of physical incapacity, force majeure, or other analogous circumstances, the videoconference must be done in a remote location. 

Judicial processes may indeed take some time; most especially when a foreign party is involved. With the passage of these rules, courts can better facilitate the request and reception of evidence found in other States.