6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly It is noted that both the respondents and the CA were silent about the finality and immutability of the LA's decision. Ruling of the Court The appeal is meritorious. It was entirely unwarranted on the part of the CA to have granted the respondents' petition for certiorari despite the absence of the showing by them that the NLRC had gravely abused its discretion amounting to lack or excess of jurisdiction. The LA's decision that was served on the respondents by registered mail was returned with the notation "Moved Out." In this regard, the NLRC specifically observed that: It is noteworthy that the service was made by registered mail and We presume regularity of the service in the absence of proof to the contrary. Since the postal service stated that the respondents-appellants have moved out of their address on record and since the latter failed to present substantial evidence to disprove it, We find no valid reason to rule otherwise. It is worth to state that the address currently issued by the respondentappellants is new one as evidenced by the Secretary's Certificate attached to their appeal (Records, p. 339).[23] The service of the LA's decision by registered mail was deemed complete five days after the copy of decision sent to the respondents was returned to the NLRC as the sender. Such consequence was unavoidable even if the addressees did not actually receive the copy of the decision. In Philippine Airlines, Inc. v. Heirs of Bernardin J. Zamora,[24] the petitioner moved to another address without giving a notice of the change of address to the NLRC. As a result, the copy of the NLRC's decision dispatched to the petitioner's address of record by registered mail was returned. The Court ruled there as follows:[25] The rule on service by registered mail contemplates two situations: (1) actual service, the completeness of which is determined upon receipt by the addressee of the registered mail; and (2) constructive service, the completeness of which is determined upon expiration of five days from the date the addressee received the first notice of the postmaster. A party who relies on constructive service or who contends that his adversary has received a copy of a final order or judgment upon the expiration of five days from the date the addressee received the first notice sent by the postmaster must prove that the first notice was actually received by the addressee. Such proof requires a certified or sworn copy of the notice given by the postmaster to the addressee. In the instant case, there is no postmaster's certification to the effect that the registered mail containing the NLRC decision was unclaimed by the addressee and thus returned to sender, after first notice was sent to and received by the addressee on a specified date. All that appears from the records are the envelopes containing the NLRC decision with the stamped elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63833 7/10