This case has been cited 2 times or more.
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2008-09-17 |
TINGA, J. |
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| Moreover, despite petitioners' assertion that the summons and notices had not been served on any of the authorized officers or agents of the corporation, they do not however deny that the same had been properly sent to their business address. In fact, even the writ of execution was served at the very same address written on the summons, notices and decision. Technical rules of procedure are not strictly applied in quasi-judicial proceedings; only substantial compliance is required. The constitutional requirement of due process exacts that the service be such as may reasonably be expected to give the notice desired.[28] Petitioners' bare assertion that the notices had not been received requires substantiation by competent evidence, as mere allegation is neither equivalent to proof nor evidence.[29] Besides, the registry return receipt states that "a registered article must not be delivered to anyone but the addressee, or upon the addressee's written order." Thus, the persons who received the notice are presumably able to present a written authorization to receive the same and we can assume that the notices are duly received in the ordinary course of events. It is a legal presumption, born of wisdom and experience, that official duty has been regularly performed; that the proceedings of a judicial tribunal are regular and valid, and that judicial acts and duties have been and will be duly and properly performed.[30] Whether or not petitioners deliberately ignored the summons and notices or whether those who actually received the same failed to show petitioners the summons and notices due to lack of instruction or out of negligence is no longer important to us. The registry return receipt for the summons marked "UNCLAIMED" and the certifications from the Quezon City Central Post Office that two of the notices and a copy of the decision had been delivered to and received in the premises of petitioners' office are, under the prevailing rules, enough to convince us that service of said processes and decision was completed. | |||||
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2007-10-11 |
CARPIO, J. |
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| The statutory requirements of substituted service must be followed strictly, faithfully, and fully, and any substituted service other than by the statute is considered ineffective. Substituted service is in derogation of the usual method of service. It is a method extraordinary in character and may be used only as prescribed and in the circumstances authorized by the statute.[29] The need for strict compliance with the requirements of the rule on summons is also exemplified in the exclusive enumeration of the agents of a domestic private juridical entity who are authorized to receive summons. | |||||