RULE XV

MISCELLANEOUS PROVISIONS

Section 1. Supplementary Rules. - In the absence of any applicable provision in these rules, the pertinent
provisions of the Rules of Court in the Philippines shall be applicable by analogy or in suppletory
character and effect.

Pursuant to Section 1, Rule XV of the RRPC, the pertinent provisions of the Revised Rules of Court shall
be applicable by analogy or in suppletory character and effect to the aforementioned RRPC. In
connection thereto, in the service of the Decisions of this Commission and its Regional Offices to the
concerned offices and/or person/s liable under the disallowance, Sections 13, Rule 13 of the Revised
Rules of Court is applicable therein:

Amended by A.M. No. 19-10-20-SC dated October 15, 2019 entitled, "2019 Proposed Amendments to
the 1997 Rules of Civil Procedure"

Section 13. Service of judgments, final orders or resolutions. – Judgments, final orders or resolutions
shall be served either personally or by registered mail. Upon ex parte motion of any party in the case, a
copy of the judgment, final order, or resolution may be delivered by accredited courier at the expense of
such party. x x x

FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Section 15, Rule 13 thereof specifies when personal service and service by registered mail or through an
accredited courier are deemed completed, and notice upon a party is deemed consummated:

xxx xxx xxx

Section 15. Completeness of service. – Personal service is complete upon actual delivery. x x x. Service
by registered mail is complete upon actual receipt by the addressee, or after five (5) calendar days from
the date he or she received the first notice of the postmaster, whichever date is earlier. Service by
accredited courier is complete upon actual receipt by the addressee, or after at least two (2) attempts to
deliver by the courier service, or upon the expiration of five (5) calendar days after the first attempt to
deliver, whichever is earlier.

For proof of service that the Decision of this Commission or its Regional Office has been made to the
concerned office/s and/or person/s liable under the disallowance either through personal service or
service by registered mail or through an accredited courier, Section 15, Rule 13 of the said Revised Rules
of Court provides the following:

Section 17. Proof of service. – Proof of personal service shall consist of a written admission of the party

served, or the official return of the server, or the affidavit of the party serving, containing a statement of

the date, place and manner of service. If the service is made by:

(b) Registered mail. – Proof shall be made by the affidavit mentioned above and the registry receipt
issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the
sender, or in lieu thereof, the unclaimed letter together with the certified or sworn copy of the notice
given by the postmaster to the addressee

(c) Accredited courier service. – Proof shall be made by an affidavit of service executed by the person
who brought the pleading or paper to the service provider, together with the courier’s official receipt or
document tracking number

xxx

Since it was informed that the aforementioned Decision of this Region was sent to the Appellant
through registered mail but such mail was returned to the Audit Team with marginal notations "Return
to Sender" and "unclaimed" as it was supposedly unclaimed by the Appellant, given the aforementioned
rules, it is suggested that the Audit Team would obtain a certified or sworn copy of the notice given by
the postmaster to the Appellant and a narration of the circumstances therein as proof that service had
been made through registered mail pursuant to Section 17(b), Rule xx of the Revised Rules of Court
It may be observed that the rule on service by registered mail contemplates two (2) situations: first,
actual service the completeness of which is determined upon receipt by the addressee of the registered
mail and, second, constructive service the completeness of which is determined upon the expiration of
five (5) days from the date of first notice of the postmaster without the addressee having claimed the
registered mail.

Further, since the registered mail was supposedly unclaimed by the Appellant, the rule on constructive
service provided under xxx would be applicable herein. Under such rule, service of registered mail is
deemed completed upon the expiration of five (5) days from the date of first notice of the postmaster to
the addressee, in this case the Appellant, without the latter having claimed the registered mail.

JESUS G. SANTOS, petitioner,

vs.

COURT OF APPEALS