Thursday, July 16, 2015

Provisional dismissal; notice to counsel for offended party mandatory.


G.R. No. 183994, June 30, 2014, WILLIAM CO A.K.A. XU QUING HE, PETITIONER, VS. NEW PROSPERITY PLASTIC PRODUCTS, REPRESENTED BY ELIZABETH UY,[1] RESPONDENT.
(THE LAWYER'S POST).


"x x x.

We hasten to add though that if the offended party is represented by a private counsel the better rule is that the reckoning period should commence to run from the time such private counsel was actually notified of the order of provisional dismissal. When a party is represented by a counsel, notices of all kinds emanating from the court should be sent to the latter at his/her given address.⁠12 Section 2, Rule 13 of the Rules analogously provides that if any party has appeared by counsel, service upon the former shall be made upon the latter.⁠13 "