This case has been cited 2 times or more.
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2015-07-15 |
PEREZ, J. |
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| As a rule where a party appears by attorney in an action or proceeding in a court of record, all notices or orders required to be given therein must be given to the attorney of record. Accordingly, notices to counsel should be properly sent to his address of record, and, unless the counsel files a notice of change of address, his official address remains to be that his address of record.[17] | |||||
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2003-10-17 |
AUSTRIA-MARTINEZ, J. |
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| The Court entertains serious apprehensions on the validity of the service of the Resolution dated November 12, 1997 of the First Division of this Court in G.R. No. 136428 which required petitioners to deposit for costs and to submit their memorandum, non-compliance of which inevitably caused the dismissal of their petition for certiorari. Petitioners claim that the Resolution dated November 12, 1997 was not sent to the address of his counsel as expressly stated in the petition itself but to counsel's former address when the case was still with the NLRC. The possibility that such a procedural error might have been caused by a mistake committed by this Court's personnel is not far-fetched and it should not militate against petitioners' right to due process. Practical considerations and the realities of the situation dictate that the service at the old address of petitioners' counsel and not at the address of petitioners' counsel as specified in the petition cannot be considered a valid service. To consider the service of the resolution at counsel's old address, when he did not give it to the court as his address for the particular case in which he entered his appearance, would be to sanction the service of court processes and orders on counsel wherever he may have an office.[45] | |||||