PH Accedes to HCCH Evidence Convention

(From Left to Right) Philippine Ambassador J. Eduardo Malaya and Mr. Jules van Eijndhoven, Head of the MFA Treaties Division 

THE HAGUE 08 May 2025 — The Philippines took a significant step towards enhancing the administration of justice in the country with the deposit on Tuesday, 06 May 2025, of the country’s instrument of accession to the HCCH Evidence Convention which establishes a uniform framework for obtaining evidence across borders in judicial proceedings. 

President Ferdinand Marcos Jr. signed the instrument of accession on 21 April 2025, stating that “the accession by the Philippines to the Convention will streamline evidence collection techniques, reduce party litigants’ expenses, address court delays and enhance the competitiveness of Philippine legal practitioners.” 

Philippine Ambassador to The Netherlands J. Eduardo Malaya deposited the instrument of accession to the Convention, formally known as the 1970 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, with the Ministry of Foreign Affairs (MFA) of the Netherlands, the official depositary of HCCH Conventions. The instrument was received by Mr. Jules van Eijndhoven, Head of the MFA Treaties Division, in the presence of Ms. Melissa Ford, Diplomatic Secretary of the Permanent Bureau of the Hague Conference on Private International Law (HCCH). 

Earlier, on 04 March 2025, pursuant to its powers under Article VIII, Section 5(5) of the Constitution, 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.

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

The Evidence Convention will enter into force for the Philippines on 05 July 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 U.S., most EU countries, China, Singapore and Vietnam.

During the deposit, Ambassador Malaya remarked that “the accession to the Evidence Convention is hugely significant as a 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.  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.” 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. 

The Evidence Convention, which is among the core HCCH Conventions, is a multilateral agreement that provides methods for obtaining evidence available in one country for use in judicial proceedings in another country. Adopted in 1970, the Convention plays a crucial role in efficient international litigation by streamlining the process of gathering evidence across borders.

Ms. Melissa Ford of the HCCH stated that “this is an important step for a very valued member of the HCCH.” The Philippines commemorates this year the 15th anniversary of its membership with the HCCH. 

Present during the deposit were the Embassy’s Minister and Consul Jarie Osias, Third Secretary and Vice Consul Crystal Gale P. Dampil and Legal Officer Edna P. Yasay, together with MFA Treaties Division Senior Legal Officer Rieks Boekholt, and Ms. Karlijn van Bree, Policy Coordinator of Southeast Asia Division of the MFA. 

Established in 1893, the HCCH is the international organisation whose mandate is the progressive unification of the rules of private international law. The Philippines became a Member of the HCCH on 14 July 2010. The country is a Contracting State to seven, namely 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). END

(From Left to Right) Ambassador Malaya, Mr. Eijndhoven and Ms. Melissa Ford

(From Left to Right) Third Secretary and Vice Consul Crystal Gale P. Dampil, Minister and Consul Jarie Osias, Ambassador Malaya, Mr. Eijndhoven, Ms. Melissa Ford, Mr. Rieks Boekholt,  and Legal Officer Edna Yasay

For more information, visit https://www.thehaguepe.dfa.gov.ph, https://twitter.com/PHinTheHague or  https://www.facebook.com/PHinTheNetherlands/.