The Supreme Court has ruled the Rules of Civil Procedure do not provide for automatic sanction should a party fail to submit the required explanation for resorting to service by registered mail rather than personal service.
In a six-page decision written by Justice Roberto A. Abad, the SC's Third Division unanimously ruled that both the Regional Trial Court of Lingayen, Pangasinan (Branch 37) and the Court of Appeals did not gravely abuse their discretion when both courts ruled against the striking out of the motion for judgment by default filed by private respondent Roberto and Arabela Arcinue against petitioner Natividad Lim for failure of the Arcinues to submit the required explanation.
The SC said Rule 13, Section 11 of the 1997 Rules of Civil Procedure "does not provide for automatic sanction should a party fail to submit the required explanation. It merely provides for that possibility considering its use of the term 'may'."
"Moreover, the same does not altogether prohibit service by registered mail when such service, when adopted, ensures as in this case receipt by the adverse party," it added.
It noted that Lim's counsel in fact even admitted to receiving a copy of the Arcinues' motion 10 days before the scheduled hearing on the said motion.
The SC thus ordered the RTC to proceed with the hearing and adjudication of the case.
The National Power Corporation filed an expropriation case against petitioner Lim for its Coal-Fired Thermal Power Project.
Private respondents Arcinue spouses filed a motion for leave to admit their complaint-in-intervention, alleging that, they owned and were in possession of one of the lots subject of the expropriation.
The RTC granted the Arcinues' motion and required both NPC and Lim to answer the complaint-in-intervention within 10 days from receipt of its order.
Because NPC and Lim failed to file their respective answers, the Arcinues filed a motion for judgment by default.
Lim then sought to expunge the motion for lack of the requisite explanation why the Arcinues resorted to service by registered mail rather than personal service.
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