Contemporary due process: Online service of summons via Facebook and/or email

• Main Author: Cachapero, Olive Grace Ma. P.
• Format: text
• Language: English
• Published: Animo Repository 2017
• Subjects: Summons > Philippines; Summons > Data processing > Philippines
• Online Access: https://animorepository.dlsu.edu.ph/etd_honors/384
• Institution: De La Salle University

The discussion centers on the viability of service of summons via Facebook and/or email. This paper puts great emphasis to the nature of this online mode as practical, expeditious, cost-efficient, timely, and simple. The researcher cited several foreign cases where service via Facebook and email were allowed by their respective courts. Also, the problem areas in the current service process in the Philippines were identified in order to demonstrate the need to look into other remedies, such as this proposed online mode, to cure the defects in service of summons. Data and findings, as well as related studies, were examined and analyzed to resolve issues and to come up with clear procedures and guidelines for the execution of this online mode of service. Service via Facebook and/or email is not a substitute for personal service and substituted service. Rather, it is a remedy available when personal and substituted services fail. The reason why there is a need for this mode is because the other remaining mode, service by publication, is insufficient, contingent, uncertain, complicated and costly. This online mode adds to the remedies made available to plaintiffs and claimants who are victims of defendants circumvention of the rules of court and are thus limited in resources. To allow service via Facebook and/or email is to widen the possibilities for the speedy administration of justice and the faithful compliance with the commands of due process.