Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Evidence › Taking of Evidence under the Hague Evidence Convention (AM 25-02-17-SC)

1. Scope and Definitions

Scope and Definitions

Concept

A.M. No. 25-02-17-SC governs Letters of Request under Chapter I of the Hague Evidence Convention. Its concern is the obtaining of evidence, or the performance of another related judicial act, in civil or commercial matters involving the Philippines and another Contracting State. The Convention identified in the Rules is the Convention of March 18, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. (Sec. 1, A.M. No. 25-02-17-SC)1 (Sec. 2, A.M. No. 25-02-17-SC)2

Governing provisions

Section 1 fixes the Rules’ coverage: the request, preparation, transmission, execution, and return of Letters of Request. Section 2 supplies the defined terms used in applying that coverage. Section 3 directs that the Rules be interpreted to ensure prompt and efficient handling of Letters of Request for the taking of evidence in civil or commercial matters. (Sec. 1, A.M. No. 25-02-17-SC)1 (Sec. 2, A.M. No. 25-02-17-SC)2 (Sec. 3, A.M. No. 25-02-17-SC)3

Requisites / Rules

  • The request must concern a civil or commercial matter and seek evidence or the performance of another related judicial act under Chapter I of the Convention. (Sec. 1, A.M. No. 25-02-17-SC)1
  • The Convention must have entered into force between the Philippines and the other Contracting State. The Rules’ coverage is expressly subject to this condition. (Sec. 1, A.M. No. 25-02-17-SC)1
  • “Evidence” includes testimonial, documentary, or object evidence, and the like, taken pursuant to a Letter of Request in a civil or commercial matter and intended for use in judicial proceedings. (Sec. 2, A.M. No. 25-02-17-SC)2
  • A “Central Authority” receives Letters of Request from a judicial authority of another Contracting State and causes their transmittal to an authority competent to execute them. The Office of the Court Administrator is designated as the Philippine Central Authority. (Sec. 2, A.M. No. 25-02-17-SC)2

Distinctions

The Forwarding Authority and Central Authority have different transmission roles. The former is authorized to transmit a Letter of Request from one Contracting State to another State’s Central Authority; the latter receives the request and causes its transmittal to the authority competent to execute it. An Expense Statement, by contrast, records expenses associated with execution, including fees for interpreters, expert witnesses, or other necessary services. (Sec. 2, A.M. No. 25-02-17-SC)2

Key doctrines

Interpret the Rules toward prompt and efficient transmission, preparation, processing, execution, and return of Letters of Request. For matters not specifically covered, the Rules of Court and other procedural rules apply suppletorily. (Sec. 3, A.M. No. 25-02-17-SC)3

Exceptions

These Rules do not preclude requests for depositions under the Rules of Court to be taken in foreign countries that are not Contracting States to the Hague Evidence Convention. (Sec. 1, A.M. No. 25-02-17-SC)1

Bar tip

Check the matter, the purpose of the request, and whether the Convention has entered into force between the Philippines and the other State before applying these Rules. (Sec. 1, A.M. No. 25-02-17-SC)1

Authorities

  • Sec. 1, A.M. No. 25-02-17-SC
  • Sec. 2, A.M. No. 25-02-17-SC
  • Sec. 3, A.M. No. 25-02-17-SC