This case has been cited 2 times or more.
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2006-06-27 |
AUSTRIA-MARTINEZ, J. |
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| Records show that Ducut is not an employee of the FEU Legal Aid Bureau, but is connected with the Computer Services Department. The FEU Legal Aid Bureau has its own personnel which include Ms. dela Paz who is the one authorized to receive communications in behalf of the office. It has been ruled that a service of a copy of a decision on a person who is neither a clerk nor one in charge of the attorney's office is invalid.[21] This was the Court's ruling in Cañete v. National Labor Relations Commission,[22] to wit: We have ruled that where a copy of the decision is served on a person who is neither a clerk nor one in charge of the attorney's office, such service is invalid. In the case at bar, it is undisputed that Nenette Vasquez, the person who received a copy of the labor arbiter's Decision, was neither a clerk of Atty. Chua, respondent's counsel, nor a person in charge of Atty. Chua's office. Hence, her receipt of said Decision on March 15, 1993 cannot be considered as notice to Atty. Chua. Since a copy of the Decision was actually delivered by Vasquez to Atty. Chua's clerk only on March 16, 1993, it was only on this date that the ten-day period for the filing of respondent's appeal commenced to run. Thus, respondent's March 26, 1993 appeal to the NLRC was seasonably filed.[23] This was recently reiterated in Prudential Bank v. Business Assistance Group, Inc.,[24] where the Court accepted the affidavit executed by Arlan Cayno denying that he was an employee of Gella, Danguilan, Nabaza & Associates law firm authorized to receive legal or judicial processes. Cayno likewise disclaimed knowledge of the whereabouts of the notice. According to the Court, since Mr. Cayno was not an employee of the said law firm authorized to receive notices in its behalf, his alleged receipt of the notice is without any effect in law. | |||||