CIVIL PROCEDURE: NEW RULE ON THE SERVICE OF SUMMONS TO FOREIGN CORPORATIONS

              AMENDMENT TO SECTION 12, RULE 14 OF THE RULES OF COURT:  The Supreme Court has adopted the use of electronic means to serve summons to foreign corporations who are being sued in the Philippines but has no resident agent or not registered to do business in the country. Thus, A.M. No. 11-3-6 New Rule on Service of Summons on Foreign Juridical Entities provides:

             "SEC. 12. Service upon foreign private juridical entity. —When the defendant is a foreign private juridical entity which has transacted business in the Philippines, service may be made on its resident agent designated in accordance with law for that purpose, or, i f there be no such agent, on the government official designated by law to that effect, or on any of its officers or agents within the Philippines.

          If the foreign private juridical entity is not registered in the Philippines or has no resident agent, service may, with leave of court, be effected out of the Philippines through any of the following means:
          a) B y personal service coursed through the appropriate court in the foreign country with the assistance of the Department of Foreign Affairs;
         b) B y publication once in a newspaper of general circulation in the country where the defendant may be
found and by serving a copy of the summons and the court order by-registered mail at the last known address
of the defendant;
         c) B y facsimile or any recognized electronic means that could generate proof of service; or
        d) B y such other means as the court may in its discretion direct. "  

         As a result of such amendment, summons can now be served to the foreign private juridical entity through the afore-quoted means.  Be that as it may, the service of summons should be done with “leave of” court (permission of the court).

          Although the Supreme Court did not specify the other forms of electronic means, it is submitted that the use of e-mail is sufficient as long as that it can be proven in court that the defendant has received the summon.