Title
Quel vs. VHF Philippines
Case
G.R. No. 138500
Decision Date
Sep 16, 2005
Quelnan’s unclaimed registered mail deemed complete service; petition for relief dismissed as untimely, failing procedural deadlines.

Case Summary (G.R. No. 138500)

Factual Background

VHF Philippines, Inc. filed an ejectment suit (Civil Case No. 139649-CV) against Andy Quelnan, asserting that he was in possession of a leased condominium unit. The Metropolitan Trial Court (MeTC) of Manila found that the summons and complaint were served on Quelnan through his wife on August 25, 1992, but Quelnan did not file an answer within the reglementary period. The MeTC ruled in favor of VHF Philippines on November 23, 1992, ordering Quelnan to vacate the property and pay overdue rent and attorney's fees. The decision was sent via registered mail but was returned unclaimed after the petitioner failed to respond to multiple notices.

Procedural History

Following the issuance of a writ of execution on May 18, 1993, Quelnan filed a Petition for Relief from Judgment with the Regional Trial Court (RTC) of Manila on May 24, 1993, claiming he was unaware of the MeTC decision because he had not received the summons. The RTC granted his petition on June 3, 1996, stating that his wife's actions constituted excusable negligence, which hindered him from protecting his rights. However, the Court of Appeals reversed this decision on September 17, 1997, ruling that the petition was filed beyond the 60-day period stipulated in the Rules of Court. Quelnan's motion for reconsideration was subsequently denied on April 27, 1999.

Legal Issues

The primary issues at hand included:

  1. When a party is deemed to have knowledge of an adverse decision sent via registered mail that they failed to claim.
  2. The applicability of Rule 13, Section 10 of the 1997 Rules of Civil Procedure regarding the completeness of service of registered mail, in correlation to the 60-day period for filing a petition for relief from judgment as per Rule 38, Section 3.

Knowledge of Judgment and Filing Timelines

Quelnan argued that the 60-day period for filing a petition must be calculated from when he allegedly learned of the adverse judgment. However, the Court ruled that knowledge of the MeTC decision occurred on November 30, 1992, when the service was deemed complete, following the protocol for registered mail service under the law.

Findings on Compliance with Filing Rules

The Court found that Quelnan's petition for relief was filed 175 days after he had deemed knowledge of the decision, which exceeded the allowed 60-day period. The ruling from the RTC that the 60-day period should start upon the party's actual knowledge of the judgment was rejected, as it was contrary to the established jurisprudence regarding the completeness of service presumptions.

Presumption of Completeness of Service

The ruling emphasized that service by registered mail is presumed complete five days after the first notice from the postmaster if not claimed. The absence of a valid justification for Quelnan’s failure to retrieve his mail indicated a lack of excusable neglect and, hence, provided no grounds for the reopening of the case.

Rulings on Jurisdiction and Finality of Judgment

The Court confirmed

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