7/21/2019 SC

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SC: Failure to Explain Service By Registered Mail Not Automatically Subject toSanction

osted: November !"# !$%!& By Bianca M' adilla

The Rules of Civil Procedure do not provide for automatic sanction should a party fail to submit the requiredexplanation for resorting to service by registered mail rather than personal service.

In a six-page decision penned by Justice Roberto A. Abad, the ourt!s Third "ivision unanimously held that both theRegional Trial ourt #RT$ of %ingayen, &angasinan #'ranch ()$ and the ourt of Appeals did not gravely abuse theirdiscretion *hen both courts ruled against the stri+ing out of the motion for udgment by default filed by privaterespondent Roberto and Arabela Arcinue #Arcinues$ against petitioner atividad %im #%im$ for failure of the Arcinuesto submit the aforesaid required explanation.

The ourt pointed out Rule (, /ection of the 1997 Rules of Civil Procedure 0does not provide for automaticsanction should a party fail to submit the required explanation. It merely provides for that possibility considering itsuse of the term 1may.23 4oreover, the same 0does not altogether prohibit service by registered mail *hen such service, *hen adopted, ensures as in this case receipt by the adverse party.3 It noted that %im2s counsel in fact even admittedto receiving a copy of the Arcinues2 motion 5 days before the scheduled hearing on the said motion. The ourt thusdirected the RT to proceed *ith the hearing and adudication of the case.

ational &o*er orporation #&$ filed an expropriation suit against petitioner %im for its oal-6ired Thermal&o*er &roect. &rivate respondents Arcinue spouses filed a motion for leave to admit their complaint-in-intervention,alleging that they o*ned and *ere in possession of one of the lots subect of the expropriation. The RT granted the Arcinues2 motion and required both & and %im to ans*er the complaint-in-intervention *ithin 5 days fromreceipt of its order. 'ecause & and %im failed to file their respective ans*ers, the Arcinues filed a motion for udgment by default. %im then sought to expunge the motion for lac+ of the requisite explanation *hy the Arcinuesresorted to service by registered mail rather than personal service. 'oth the RT and the A ruled against this,prompting her to file a petition *ith the ourt. #7R o. )8)89, Lim v. NPC , ovember :, ;5;$.

registered mail  DefnitionAdd to Flashcards Save to FavoritesSee Examples

Postal service in which a receipt is issued to the sender o a mail and the mail's destination address is recorded in a register. Upon its deliver! the recipient's 

signatures are ta"en on a orm as proo o deliver to the specifed addressee. #n

case the addressee is not ound! the mail is returned to the sender. See also

certifed mail.

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