This case has been cited 1 times or more.
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2009-01-30 |
CHICO-NAZARIO, J. |
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| Following the explicit language of the NLRC Rules, service of summons on respondent Perez should be made personally. But was personal service of summons practicable? Conversely, was substituted service of summons justified? Obviously, in this case, personal service of summons was not practicable. By respondent Perez's own admission, she was out of town during the entire proceedings before the Labor Arbiter.[34] Given this admission, she would be unable to personally receive the summons and later the notices from the Labor Arbiter. Thus, even if the bailiff would return at some other time to personally serve the summons on respondent Perez, it would still yield the same result. To proceed with personal service of summons on respondent Perez who unequivocally admits that she was out of town during the entire proceedings before the Labor Arbiter would not only be impractical and futile - it would be absurd.[35] While we are not unmindful of the NLRC rules which state that service of summons should be made personally, considering the circumstances in the instant case, we find that service of summons at TSL, respondent Perez's place of business,[36] amounts to substantial compliance with the Rules.[37] In the fairly recent case of Scenarios v. Vinluan,[38] service of summons by registered mail at therein petitioners' place of business was considered valid. This Court declared in the said case that technical rules of procedure are not strictly applied in quasi-judicial proceedings; only substantial compliance is required. That the summons was served in the premises of therein petitioners' office was enough to convince the court that the service of said processes was completed and resultantly, the requirement of notice has been served.[39] | |||||