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Saturday, June 25, 2005
Explanation of non-personal service
By Dominador A. Almirante
Labor case digest
From the decision of a panel of voluntary arbitrators of the National Conciliation and Mediation Board (NCMB), petitioner United Pulp and Paper Co. Inc. filed with the Court of Appeals a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended.
The Court of Appeals dismissed the petition outright for being insufficient in form because of, among others, the absence of the mandatory written explanation required under Section 11, Rule 13, Rules of Civil Procedure to explain why personal service upon respondents of copies of the petition was not resorted to. Was the dismissal justified?
Ruling: Yes.
The petitioner’s failure to attach with the petition a written explanation why the service or filing was not done personally violates Section 11, Rule 13 of the same Rules. We have ruled that where no explanation is offered to justify the service of pleadings by other modes, the discretionary power of the court to expunge the pleading becomes mandatory. Thus, the Court of Appeals correctly considered the petition as not having been filed, in view of the petitioner’s failure to present a written explanation why it failed to effect personal service of its petition for review. (United Pulp and Paper Co. Inc., G.R. 141117, March 25, 2004).
(June 25, 2005 issue)
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