"x x x.
Section 9 of Rule 13 of the Rules of Court states that judgments, final
orders or resolutions shall be served either personally or by registered mail. Section 13 of the same Rule provides what consists 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 full statement of the date, place and manner of service. x x x If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender x x x.
A careful review of the record shows the absence of any proof that the Decision of 25 November 1998 was served upon BPI. Hence, the Court of Appeals correctly held that absent any proof of service to BPI of the Decision, the period of 15 days within which to file its motion for partial new trial did not begin to run against BPI. However, BPI’s admission that it received a copy of the Decision on 01 December 1998 is binding on it, and was correctly considered by the Court of Appeals as the reckoning date to count the 15-day period.
x x x."
See -
REPUBLIC OF TilE PIIILIPPINES,
Petitioner,
-versus-
BANK OF Til£ PHILIPPINE ISLANDS
(BPI),
Respondent.
G.R. No. 203039
Pnlmulgated: SEP 11, 2013
