Petitioner also argues that it is not necessary to present the postmaster’s
certification. Petitioner maintains that the annotations on the mail envelope “can
stand on equal footing with and have similar evidentiary value as a postmaster’s
certification.”
Petitioner stresses that since Anita’s counsel filed the petition for certiorari
with the Court of Appeals only on 17 August 1999 or more than 60 days from 28
February 1999, the Resolution “has already assumed finality and the Court of
Appeals has no jurisdiction over that petition.”
These arguments are erroneous. Section 9, Rule 13 of the 1997 Rules of
Civil Procedure provides:
Service of judgments, final orders or resolutions. — Judgments, final
orders or resolutions shall be served either personally or by registered
mail. x x x
Section 10 of the same Rule provides:
Completeness of service. — Personal service is complete upon actual
delivery. Service by ordinary mail is complete upon the expiration of ten (10)
days after mailing, unless the court otherwise provides. Service by registered
mail is complete upon actual receipt by the addressee, or after five (5) days from
the date he received the first notice of the postmaster, whichever date is earlier.
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.
In the present case, there is no proof of actual receipt of the notice of the
registered mail by Anita’s counsel. Petitioner merely relied on the envelope
which bore the notations “Return to Sender Unclaimed,” “Second Notice 2-23,”
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