This case has been cited 4 times or more.
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2007-04-02 |
TINGA, J. |
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| All that the rules of procedure require in regard to service by registered mail is to have the postmaster deliver the same to the addressee himself or to a person of sufficient discretion to receive the same.[9] | |||||
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2004-03-03 |
CARPIO, J. |
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| Petitioner's justification for the late filing of the petition for review is not meritorious. Indisputably, Ruth and Celia received on 24 April 2001 a copy of CSC Resolution No. 01-0726 denying petitioner's motion for reconsideration of CSC Resolution No. 00-0441. There is also no question that Celia as Executive Assistant and Ruth as Receiving Clerk of the Office of the Governor had authority to receive on behalf of petitioner notices or court processes including CSC Resolution No. 01-0726. While petitioner physically received CSC Resolution No. 01-0726 only on 29 May 2001, or 35 days from 24 April 2001,[16] the date of receipt of CSC Resolution No. 01-0726 should be 24 April 2001 for computing the period to appeal. This is precisely because Ruth and Celia, absent any showing that petitioner did not authorize them to receive CSC Resolution No. 01-0726, received the resolution on 24 April 2001. In short, receipt by Ruth and Celia of CSC Resolution No. 01-0726 on 24 April 2001 is deemed receipt by petitioner. In Laza v. Court of Appeals,[17] where the petitioners claimed that the person who received the trial court's decision had no authority to receive mails for Laza, we ruled: xxx As to Leticia Ramos who had signed for the receipt of the said copy caused to be delivered by the Postmaster at Benjamin's given address, there was no showing, at all, from the records of the case, that Leticia was not a person of sufficient discretion to receive the mail at the proper address appearing on the envelope which contained the registered mail. Petitioners' claim was that she was not Benjamin's agent or authorized representative to receive mails in his behalf. To follow petitioners' stand would render nugatory the provisions on service by registered mail. Every house maid or house boy or any other person other than the addressee of registered mail would have to have a special power-of-attorney to receive such mail in behalf of the addressee. We agree with the respondent Court of Appeals' finding that petitioners' excuse for the late filing of their motion for reconsideration was rather flimsy and unrealistic. (Emphasis supplied) In the present case, petitioner does not even claim that she did not authorize Ruth and Celia to receive CSC Resolution No. 01-0726. Moreover, the record is barren as to any explanation why Ruth and Celia did not immediately inform petitioner about the resolution. There is also absolutely no evidence showing that petitioner could not be reached or located when Ruth and Celia received the resolution. Furthermore, there is no showing that petitioner could not possibly have a copy of CSC Resolution No. 01-0726 before the period to appeal expired. Absent in the record is any proof that petitioner did not report for work or drop by her office for 35 days, from 24 April to 29 May 2001. Thus, petitioner's excuse for the late filing of the petition for review is clearly flimsy. | |||||
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2003-11-20 |
TINGA, J. |
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| The issues raised in this petition are factual. It has been the consistent policy of this Court to review only errors of law from decisions elevated to it from the Court of Appeals in a petition for certiorari under Rule 45 of the Rules of Court.[37] There are however exceptional circumstances that may compel the Court to review the findings of fact of the Court of Appeals, which as summarized in a line of cases[38] are as follows: (1) when the inference made is manifestly mistaken, absurd or impossible; (2) when there is grave abuse of discretion; (3) when the finding is grounded entirely on speculations, surmises or conjectures; (4) when the judgment of the Court of Appeals are based on misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the Court of Appeals in making its findings went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (7) when the findings of the Court of Appeals are contrary to those of the trial court; (8) when the findings of facts are conclusions without citations of specific evidence on which they are based; (9) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties and which if properly considered would justify a different conclusion; and (10) when the findings of fact by the Court of Appeals are premised on the absence of evidence and are contradicted by the evidence on record. | |||||
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2001-07-19 |
PARDO, J. |
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| Petitioner had several opportunities to raise such contentions, but she failed to do so. Such allegations raise issues of facts which can not be ventilated in this Court. We have ruled in countless cases that a petition for certiorari may only dwell on questions of law, not of facts.[22] | |||||