Saturday, January 05, 2008 Service of resolution By Dominador A. Almirante Labor case digest
THE petitioner Genuino Ice Company Inc. argued that the Court of Appeals (CA) should have dismissed the petition for certiorari filed by responded Alfonso Magpantay for having been filed out of time. Magpanty countered that Mirela G. Ducut who received the resolution of the National Labor Relations Commission dated August 31, 1999 on September 15, 1999 was not a duly authorized representative of his counsel, the FEU Legal Aid Bureau.
Did this counter argument find merit?
Ruling: Yes
Records show that Ducut is not a 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. (Genuino Ice Company, Inc. vs. Alfonso S. Magpantay, G.R. No. 147790, June 27, 2006 quoting Pangilinan v. General Milling Corporation, G.R. No. 149329, July 12, 2004, 434 SCRA 159, 169 and Cañete v. National Labor Relations Commission, 320 Phil. 313 (1995)
