When service of notice is an issue, the rule is that the person alleging that the notice was served must prove the fact of service

The petition is meritorious. We rule that Resins, Inc. failed to prove that the Republic, via the OSG, indeed received the 17 March 1993 Judgment.

At the time of the promulgation of the trial court’s judgment, the applicable rules were those of the Revised Rules of Court. Pertinent portions of these sections are quoted below:

Sec. 5. Service by registered or ordinary mail. If service is not made personally, service by registered mail shall be required if registry service exists in the locality; otherwise service may be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his attorney at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered.23

Sec. 7. Service of judgments, final orders or resolutions. ‒ Judgments, final orders or resolutions shall be served either personally or registered mail. x x x24

Sec. 8. Completeness of service. ‒ x x x Service by registered mail is complete upon actual receipt by the addressee, but if he fails to claim his mail from the post office within five (5) days from the date of first notice of the postmaster, service shall take effect at the expiration of such time.25

Sec. 10. Proof of service. ‒ x x x If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 5 of this rule. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the letter unclaimed together with the certified or sworn copy of the notice given by the postmaster to the addressee.26

When service of notice is an issue, the rule is that the person alleging that the notice was served must prove the fact of service. The burden of proving notice rests upon the party asserting its existence.27 In civil cases, service made through registered mail is proved by the registry receipt issued by the mailing office and an affidavit of the person mailing of facts showing compliance with Section 13, Rule 13 of the 1997 Rules on Civil Procedure.28

http://sc.judiciary.gov.ph/jurisprudence/2011/january2011/175891.html

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
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