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101

C R I T I C L R E S I N R E M E D I L L W
Dean Tranquil S. Salvador III
Let me start with the latest amendment to Rule14 which took effect in March of this year. Rule14
§12
–
On service of summons to a foreign juridical entity. If you will look at your code, allthat your code
will tell you is that service ofsummons to a foreign juridical entity which istransacting business in
the Philippines is eitherany of the following:1. to a resident agent;2. a government official
designated bylaw;3. any officer found in the Philippines.However, with the amendment in March
of2011 they have expanded this and they haveadded these phrases, they said that if a
foreign juridical entity is not registered in thePhilippines service of summons can be madeWITH
LEAVE OF COURT in any of the following:1. service of summons to a foreigncourt where the
defendant residesthrough the facilities of the Departmentof Foreign Affairs;2.
Page
1
of
101

C R I T I C L R E S I N R E M E D I L L W
Dean Tranquil S. Salvador III
Let me start with the latest amendment to Rule14 which took effect in March of this year. Rule14
§12
–
On service of summons to a foreign juridical entity. If you will look at your code, allthat your code
will tell you is that service ofsummons to a foreign juridical entity which istransacting business in
the Philippines is eitherany of the following:1. to a resident agent;2. a government official
designated bylaw;3. any officer found in the Philippines.However, with the amendment in March
of2011 they have expanded this and they haveadded these phrases, they said that if a
foreign juridical entity is not registered in thePhilippines service of summons can be madeWITH
LEAVE OF COURT in any of the following:1. service of summons to a foreigncourt where the
defendant residesthrough the facilities of the Departmentof Foreign Affairs;2. by publication in
the place where thedefendant corporation holds office ANDservice of summons by registered
mailin their last known address here in thePhilippines;3. service of summons by facsimile orother
means of electronic messaging foras long as it can generate proof ofservice; and4. other means as
may be determinedby the court subject to its discretion.Now, let me now give you some highlights
ofwhat I feel are important topics for you toconsider. First and foremost class let me touchon the
MANNER OF FILING FESS. This isimportant! You have always read and it hasalways been said that
payment of filing fees is jurisdictional. What I would like to tell you thatthere is also a requirement
of paying filing feesin criminal cases and that is found in RULE 111. Iam making now a comparison, let
me touch onCIVIL FILING FEES and I would like to cite thecase of Philippine First Insurance vs.
FirstLogistics citing the case of Sun Insurance ofcourse this case of Philippine First
Insurancecreated two scenarios. I will not repeat the SunInsurance case because I know you know
that.The First Insurance case it says, if the claim isfor money, the action is for money and there
isno prayer for the amount and for that reasonthere is no payment of filing fees the court
candismiss the case. If there is an allegation orclaim for damage or money that has no value atall
the court would expunge it. The secondscenario is, if the claim is other than for moneybut its
coupled of course with other claims formoney but the payment of filing fees
arewhat...INSUFFICIENT! Then, the court will notdismiss the case outright but will allow
youreasonable time to pay filing fees. Now you mayhave come across with the case of Del
Rosarioand I would like to be very clear with this, thebasic rule class in
service of summons by facsimile orother means of electronic messaging foras long as it cGan
generate proof ofservice; and4. other means as may be determinedby the court subject to its
discretion.Now, let me now give you some highlights ofwhat I feel are important topics for you
toconsider. First and foremost class let me touchon the MANNER OF FILING FESS. This
isimportant! You have always read and it hasalways been said that payment of filing fees
is jurisdictional. What I would like to tell you thatthere is also a requirement of paying filing feesin
criminal cases and that is found in RULE 111. Iam making now a comparison, let me touch onCIVIL
FILING FEES and I would like to cite thecase of Philippine First Insurance vs. FirstLogistics citing
the case of Sun Insurance ofcourse this case of Philippine First Insurancecreated two scenarios. I
will not repeat the SunInsurance case because I know you know that.The First Insurance case it
says, if the claim isfor money, the action is for money and there isno prayer for the amount and for
that reasonthere is no payment of filing fees the court candismiss the case. If there is an
allegation orclaim for damage or money that has no value atall the court would expunge it. The
secondscenario is, if the claim is other than for moneybut its coupled of course with other claims
formoney but the payment of filing fees arewhat...INSUFFICIENT! Then, the court will notdismiss
the case outright but will allow youreasonable time to pay filing fees. Now you mayhave come across
with the case of Del Rosarioand I would like to be very clear with this, thebasic rule class in

of
101

C R I T I C L R E S I N R E M E D I L L W
Dean Tranquil S. Salvador III
Let me start with the latest amendment to Rule14 which took effect in March of this year. Rule14
§12
–
On service of summons to a foreign juridical entity. If you will look at your code, allthat your code
will tell you is that service ofsummons to a foreign juridical entity which istransacting business in
the Philippines is eitherany of the following:1. to a resident agent;2. a government official
designated bylaw;3. any officer found in the Philippines.However, with the amendment in March
of2011 they have expanded this and they haveadded these phrases, they said that if a
foreign juridical entity is not registered in thePhilippines service of summons can be madeWITH
LEAVE OF COURT in any of the following:1. service of summons to a foreigncourt where the
defendant residesthrough the facilities of the Departmentof Foreign Affairs;2. by publication in
the place where thedefendant corporation holds office ANDservice of summons by registered
mailin their last known address here in thePhilippines;3. service of summons by facsimile orother
means of electronic messaging foras long as it can generate proof ofservice; and4. other means as
may be determinedby the court subject to its discretion.Now, let me now give you some highlights
ofwhat I feel are important topics for you toconsider. First and foremost class let me touchon the
MANNER OF FILING FESS. This isimportant! You have always read and it hasalways been said that
payment of filing fees is jurisdictional. What I would like to tell you thatthere is also a requirement
of paying filing feesin criminal cases and that is found in RULE 111. Iam making now a comparison, let
me touch onCIVIL FILING FEES and I would like to cite thecase of Philippine First Insurance vs.
FirstLogistics citing the case of Sun Insurance ofcourse this case of Philippine First
Insurancecreated two scenarios. I will not repeat the SunInsurance case because I know you know
that.The First Insurance case it says, if the claim isfor money, the action is for money and there
isno prayer for the amount and for that reasonthere is no payment of filing fees the court
candismiss the case. If there is an allegation orclaim for damage or money that has no value atall
the court would expunge it. The secondscenario is, if the claim is other than for moneybut its
coupled of course with other claims formoney but the payment of filing fees
arewhat...INSUFFICIENT! Then, the court will notdismiss the case outright but will allow
youreasonable time to pay filing fees. Now you mayhave come across with the case of Del
Rosarioand I would like to be very clear with this, thebasic rule class in