"x x x.
Parties; duty of party to inform court of counsel’s death. The Court strikes down the argument that the CA Decision in CA-G.R. CV No. 58817 did not attain finality because petitioner’s counsel, who died while the case was pending before the CA, was unable to receive a copy thereof. The CA was correct in ruling that there is no extraordinary circumstance in this case that would merit a recall of the entry of judgment to reopen the case. The reason given by petitioner, that its former counsel had died before the CA Decision was promulgated, hence, it was not properly notified of the judgment, is too tenuous to be given serious consideration. In Mojar, et al. v. Agro Commercial Security Service Agency, Inc., the Court explained that it is the party’s duty to inform the court of its counsel’s demise, and failure to apprise the court of such fact shall be considered negligence on the part of said party. Expounding further, the Court stated:
x x x It is not the duty of the courts to inquire, during the progress of a case, whether the law firm or partnership representing one of the litigants continues to exist lawfully, whether the partners are still alive, or whether its associates are still connected with the firm.x x x They cannot pass the blame to the court, which is not tasked to monitor the changes in the circumstances of the parties and their counsel. x x x x
In Ampo v. Court of Appeals, this Court explained the vigilance that must be exercise by a party:
x x x xLitigants who are represented by counsel should not expect that all they need to do is sit back, relax and await the outcome of their cases. Relief will not be granted to a party who seeks avoidance from the effects of the judgment when the loss of the remedy at law was due to his own negligence. The circumstances of this case plainly show that petitioner only has himself to blame. Neither can he invoke due process. The essence of due process is simply an opportunity to be heard. Due process is satisfied when the parties are afforded a fair and reasonable opportunity to explain their respective sides of the controversy. Where a party, such as petitioner, was afforded this opportunity to participate but failed to do so, he cannot complain of deprivation of due process. If said opportunity is not availed of, it is deemed waived or forfeited without violating the constitutional guarantee.
Thus, for failure of petitioner to notify the CA if the death of its counsel of record and have said counsel substituted, then service of the CA Decision at the places or law office designated by its counsel of record as his address, is sufficient notice. The case then became final and executory when no motion for reconsideration was filed within the reglementary period therefor. O. Ventanilla Enterprises Corporation v. Adelina S. Tan and Sheriff Reynante G. Velasquez, Presiding Judge; G.R. No. 180325. February 20, 2013
x x x."
