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[ G.R. No. 132753. July 19, 1999]

MARIO SIASOCO, et al. vs. COURT OF APPEALS, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder for your information is a resolution of this Court dated JUL 19, 1999.

G.R. No. 132753 (Maria Siasoco, Angelita E. Siasoco, Ma. Bella Siasoco, Ester Siasoco-Lamug, et al. vs. Court of Appeals, Seventh Division, Hon. Marcelino F. Bautista, Jr., Presiding Judge, Branch 215, RTC, Quezon City and the Iglesia ni Cristo.)

Petitioners, through counsel, filed a Motion for Reconsideration of this Court's Decision on March 8, 1999. In the affidavit, the RTC (Branch 215, Quezon City) and the Private Respondent Iglesia ni Cristo were served with copies of the motion.

In response, private respondent submitted a Motion to Strike Out the Motion for Reconsideration on the ground that petitioner failed to serve a copy to its counsel of record. Since the motion is deemed not served, the Decision of the Court had attained finality.

Under Section 1 of Rule 52 of the 1999 Rules of Court: "[a] party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof, with proof of service on the adverse party." Section 2, Rule 13 of the said Rules makes the foregoing more specific:

"Sec. 2. Filing and service, defined. - x x x

"Service is the act of providing a party with a copy of the pleading or paper concerned. If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court. where one counsel appears for several parties, he shall only be entitled to one copy of any paper served upon him by the opposite side." (Bold types supplied.)

In Arambo v. Court of Appeals 1 [226 SCRA 589, 597, September 17, 1993, per Davide, J.], we ruled that:

"x x x [E]very pleading subsequent to the complaint, every written motion other that one which my be heard ex parte, and every written notice, appearance, demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected thereby; however, service upon a party represented by counsel shall be made on his attorneys or one of them, unless service upon said party himself is ordered by the court. When a party is represented by a counsel in an action in court, notices of all kinds, including motions and pleadings of all parties and all orders of the court must be sent to the counsel. Notice to counsel is notice to the client." (Emphasis supplied.)

For failure to comply with the above rules and doctrine, the Motion is deemed not filed and the Decision of this Court has become final and executory.

In view of the foregoing, the Court resolves to DENY with finality the motion for reconsideration.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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