GR L 11444; (May, 1958) (Digest)
G.R. No. L-11444; May 30, 1958
VICENTE ROULLO, plaintiff-appellant, vs. MARGARITO LUMAYNO, defendant-appellee.
FACTS
The Court of First Instance of Negros Occidental rendered a decision on April 23, 1956, in favor of plaintiff Vicente Roullo. A copy of this decision was sent by registered mail to plaintiff’s counsel on April 27, 1956. Plaintiff filed a motion for reconsideration on June 22, 1956. Defendant Margarito Lumayno objected, contending the motion was filed beyond the 30-day reglementary period because service of the decision was completed, under Rule 27, Section 8 of the Rules of Court, five days after the first notice from the postmaster, which he argued occurred around May 3, 1956. The trial court denied the motion for reconsideration on July 2, 1956, agreeing it was filed out of time. Plaintiff appealed, submitting a postmaster’s statement showing his counsel actually received the registered mail on May 24, 1956. Plaintiff argued his motion was timely because the 30-day period should be counted from May 24, as there was no proof a first notice from the postmaster was ever received.
ISSUE
Whether the plaintiff’s motion for reconsideration filed on June 22, 1956, was filed within the reglementary period, which depends on when service of the decision by registered mail was deemed complete under Rule 27, Section 8 of the Rules of Court.
RULING
The Supreme Court reversed the trial court’s order. Service by registered mail is complete upon actual receipt by the addressee. However, if the addressee fails to claim the mail from the post office within five days from the date of the first notice of the postmaster, service takes effect at the expiration of such five-day period. Here, plaintiff proved actual receipt on May 24, 1956. For the defendant’s contention (that service was complete five days after a first notice) to prevail, it was incumbent upon him to prove the date when such first notice was given by the postmaster. There was no such proof or allegation. In the absence of proof of the postmaster’s first notice, service is deemed completed only upon actual receipt. Therefore, the 30-day period to file a motion for reconsideration began on May 24, 1956. Counting from May 24 to June 22, less than 30 days had elapsed, making the motion timely filed. The case was remanded to the trial court for further proceedings. Costs were imposed on the appellee.