This case has been cited 3 times or more.
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2016-01-12 |
MENDOZA, J. |
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| The Court, nonetheless, agrees with Mendez that the urgent motion lacked the requisite notice of hearing. It is immediately evident from the face of the motion that it did not contain the notice of hearing required by the Rules of Court which has suppletory application to the present case. Section 4 of Rule 15 provides that every written motion shall be set for hearing by the applicant. Every written motion is required to be heard and the notice of hearing shall be served in such manner as to insure its receipt by the other party at least three (3) days before the date of hearing, unless the court for good cause sets the hearing on shorter notice.[51] The notice of hearing is intended to prevent surprise and to afford the adverse party a chance to be heard before the motion is resolved by the court. A seasonable service of a copy of the motion on the adverse party with a notice of hearing indicating the time and place of hearing is a mandatory requirement that cannot be dispensed with as this is the minimum requirement of procedural due process.[52] | |||||
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2011-12-14 |
LEONARDO-DE CASTRO, J. |
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| It is, however, curious why PNB chose to risk the holiday traffic in an effort to personally file its petition with the CTA En Banc, when it already filed a copy to the other party, the CIR, via registered mail.[37] Considering the circumstances, it would have been more logical for PNB to send its petition to the CTA En Banc on the same occasion it sent a copy to the CIR, especially since that day was already the last day given to PNB to file its petition. Moreover, PNB offered no justification as to why it sent its petition via ordinary mail instead of registered mail. "Service by ordinary mail is allowed only in instances where no registry service exists."[38] Rule 13, Section 7 reads: Sec. 7. Service by mail. Service by registered mail shall be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after ten (l0) days if undelivered. If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail. (Emphasis ours.) | |||||
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2008-09-17 |
CARPIO MORALES, J. |
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| In Bank of the Philippine Islands v. Far East Molasses Corporation,[38] this Court, passing on Section 3, Rule 41 of the Rules of Court which provides that "[t]he appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from" (underscoring supplied), held:x x x the commencement of the period to appeal x x x should x x x be reckoned x x x from the respective dates each of the parties received a copy of the decision. Therefore, each party has a different period within which to appeal, unless, of course, all of them received their copies on the same date and none filed a motion for reconsideration.[39] (Emphasis and underscoring supplied) | |||||