Practice question
A foreign corporation has transacted business here, has no resident agent and has a director physically in the Philippines. Summons is properly delivered to that director in the authorized capacity. Does section 14 necessarily require service abroad instead?
- Yes, every foreign entity must be served only abroad
- No, the rule expressly recognizes service on its directors within the Philippines
- Yes, a director can never receive summons for a foreign entity
- No, because any stranger in the Philippines may receive it
- Yes, unless the director is a Philippine shareholder
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 sections 9, 14, 19 and 21, foreign private entities, leave, convention-consistent service and proof.
- https://oca.judiciary.gov.ph/wp-content/uploads/OCA-Circular-No.-254-2024.pdf — official OCA Circular 254-2024 reproducing AO 101-2024; section 2.1(a), outbound application for Philippine judicial documents by motion with leave in the court of the proceeding.
- https://assets.hcch.net/docs/97b5fe26-8361-467b-8e1e-b778f6d6bdd0.pdf — Supreme Court AO 101-2024, June 25, 2024, Philippine Hague Service Convention guidelines; apply where the Convention governs.
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