defendants on or before November 3, 1965, the date when the order in the envelope
was returned to the Urdaneta Post Office. This finding of the court a quo is
untenable.
In Barrameda vs. Castillo, this Court held:
Therefore, to obviate injustice, it is incumbent upon a party, who
relies on constructive service or who contends that his adversary was
served with a copy of a final order or judgment upon the expiration of
five days from the first notice of registered mail sent by the postmaster to
prove that the first notice was sent and delivered to the addressee. A
certification from the postmaster would be the best evidence of that
fact (Grafil vs. Feliciano, L-27156, June 30, 1967, 20 SCRA 616). The
mailman’s testimony may also be adduced to prove that fact, as was
done in Aldecoa vs. Hon. Arellano and Siguenza, 113 Phil. 75, 78.
The postmaster’s certification as to the sending of the first
notice ‘should include the data not only as to whether or not the
corresponding notices were issued or sent but also as to how, when
and to whom the delivery thereof was made.’(Hernandez vs. Navarro,
L-28296, November 24, 1972, 48 SCRA 44, 64, per Barredo, J.).
As stressed by Justice Barredo in a recent case, ‘there must be
clear proof of compliance with the postal regulations governing the
sending and receipt of the notice referred to in’ section 8 of Rule 13
(Vecino vs. Court of Appeals, L-38612, March 29, 1977). The mere
exhibition in court of the envelope containing the unclaimed mail is not
sufficient proof that a first notice was sent.
Note that in a certain case a first notice was sent but it was
received by the addressee’s eleven-year old child who did not deliver it
to the addressee himself. It was held that to apply the presumption in that
case and to insist on constructive service would work an injustice rather
than promote justice (Cabuang vs. Hon. Bello, 105 Phil. 1135, 1138).
In the instant case, there is no evidence that the first notice was
sent to Barrameda’s lawyer and that it was delivered to him or should
have been received by him. The envelope containing the unclaimed mail
was presented in court. The face of the envelope contains the notation
‘Returned to sender. Reason: Unclaimed’. Above the stamp, on the back
of the envelope, with the legend ‘City of San Pablo, Philippines, Jan. 29,
1966’, are written the dates, ‘2-3-66 and 2-9-66’. Written also on the
back of the envelope are the following: ‘R to S, notified 3/3/66’.
Relying on those notations on the envelope, the trial court
literally and rigidly applied the presumption as to constructive service. It
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