"The threshold issue that must be resolved first is whether the Court of Appeals Decision dated 21 November 2002 was properly served on
MINTERBRO’s counsel in accordance with service of judgment under Sections 9 and 10, Rule 13 of the Rules of Court, which require that:
Section 9. Service of judgments, final orders, or resolutions. —
Judgments, final orders or resolutions shall be served either personally or
by registered mail. When a party summoned by publication has failed to
appear in the action, judgments, final orders or resolutions against him
shall be served upon him also by publication at the expense of the
prevailing party.
Section 10. 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 first point is crucial for the service of judgment serves as the reckoning point to determine whether a decision was appealed within the reglementary period, because otherwise, i.e., in the absence of an appeal or if the appeal was made beyond the reglementary period, the decision would, as a consequence, become final."
Read -
MINDANAO TERMINAL AND
BROKERAGI<~ SERVICE, INC.,
Petitioner,
-versus-
COlJRT OF APPEALS AND
PHILIPPINE PORTS
AUTHORITY,
Respondents.
G.R. No. 163286
G.R. No. 166025
G.R. Nos. 163286,
166025 and 170269
G.R. No. 170269
Promulgated:
AUG 2 2 2012
