PH accedes to Hague Evidence Convention

PH accedes to Hague Evidence Convention

/ 11:44 PM May 08, 2025

INSTRUMENT OF ACCESSION. Philippine Ambassador to The Netherlands J. Eduardo Malaya (left) deposits the instrument of accession with the Ministry of Foreign Affairs (MFA) of the Netherlands on May 6, 2025. It was received by Jules van Eijndhoven, head of the MFA Treaties Division, in the presence of Melissa Ford, Diplomatic Secretary of the Permanent Bureau of the Hague Conference on Private International Law.

Philippine Ambassador to The Netherlands J. Eduardo Malaya (left) deposits the instrument of accession with the Ministry of Foreign Affairs (MFA) of the Netherlands on May 6, 2025. It was received by Jules van Eijndhoven, head of the MFA Treaties Division, in the presence of Melissa Ford, Diplomatic Secretary of the Permanent Bureau of the Hague Conference on Private International Law. (Photo courtesy of the Department of Foreign Affairs)

MANILA, Philippines – The Philippines has deposited its instrument of accession to the Hague Evidence Convention, marking a significant step towards enhancing the administration of justice in the country.

The Hague Conference on Private International Law (HCCH) Evidence Convention, formally known as the 1970 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, establishes a framework for obtaining evidence available in one country for use in judicial proceedings in another country.

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President Ferdinand R. Marcos Jr. signed on April 21 the instrument of accession to the Convention, which, he said, would “streamline evidence collection techniques, reduce party litigants’ expenses, address court delays, and enhance the competitiveness of Philippine legal practitioners.”

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Philippine Ambassador to The Netherlands J. Eduardo Malaya deposited the instrument of accession with the Ministry of Foreign Affairs (MFA) of the Netherlands, the official depositary of HCCH Conventions on May 6.

The designated Central Authority for the Philippines under the Convention is the Office of the Court Administrator (OCA) of the Supreme Court, which will oversee the implementation of the provisions of the Convention in the country.

The Evidence Convention will enter into force for the Philippines on July 5, 2025, or 60 days after the date of deposit of the Instrument of Accession with the Netherlands MFA.

The Philippines will be the 68th Contracting State to the Convention, together with the United States, most European Union countries, China, Singapore, and Vietnam.

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Malaya described the accession to the Evidence Convention as a “hugely significant” measure in enhancing the administration of justice.

“The Supreme Court under Chief Justice Alexander Gesmundo paved the way for the accession with its issuance of the implementing guidelines for the Convention,” he said.

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“Once it enters into force, the Evidence Convention is foreseen to complement and work hand-in-hand with the HCCH Service Convention, where the country is also a Contracting Party and also administered by the Office of the Court Administrator,” he added.

The Technical Working Group for the drafting of the Rules was led by Associate Justice Samuel Gaerlan.

The Philippine Bar Association, Integrated Bar of the Philippines – Quezon City Chapter, and other lawyers groups also earlier endorsed accession to the Convention.

Last March 4, the Supreme Court of the Philippines issued Administrative Matter No. 25-02-17-SC on the Rules on the Transmission and Execution of Letters of Request for Taking of Evidence in Civil or Commercial Matters under the 1970 Evidence Convention.

These rules integrated the provisions of the Convention into the Philippine legal procedures and serve as the implementing regulations of the Convention.

Adopted in 1970, the Convention plays a crucial role in efficient international litigation by streamlining the process of gathering evidence across borders.

The Philippines became a member of the HCCH on July 14, 2010, and is a Contracting State to the Statute of the HCCH (acceded to in 2010), Intercountry Adoption Convention (1996), Child Abduction Convention (2016), Apostille Convention (2018), Service Convention (2020), Child Support (2022) and Evidence Convention (2025).

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The HCCH is an international organization mandated to unify the rules of private international law.

TAGS: Hague Evidence Convention

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