Galedo, Abegail P.

227. UP V. DIZON

PETITIONER : UNIVERSITY OF THE PHILIPPINES

RESPONDENT : HON. JUDGE DIZON
DATE : August 23, 2012
PONENTE : Bersamin, J.
TOPIC : Filing

FACTS:

 UP entered into a General Construction Agreement with respondent Stern Builders Corp for
construction of extension building and renovation of College of Arts. Stern submitted 3 progress
billings but UP paid only 2. Stern filed a complaint to collect unpaid billing and to recover
damages.
 RTC ruled in favor of stern builders. CA dismissed the petition having been filed out of time.
 UP alleged that the service of denial of MR upon Atty. Nolasco was defective considering that its
counsel was not Atty. Nolasco of UCPB Legal Office.

ISSUE:

WON the CA correctly dismissed the petition for being filed late and WON service of denial of MR

HELD:

 UP is correct. The service of denial of MR upon Atty. Nolasco of UPCB legal office was invalid
and ineffectual because he was not the counsel of UP. The rule is that it is on the counsel and not
client that service should be made.
 That counsel was the OLS Diliman which was served with denial only on May 31, 2002. The
running of the remaining period of 6 days resumed only on June 1, 2002, considering that the
filing of UP’s Notice of Appeal on June 3, 2002 timely and well within period to appeal.
 It is settled that where a party has appeared by counsel, service must be made upon such
counsel. Service on the party is not effective because such notice is not notice under the law.