G.R. No. 149329 ; July 12, 2004
Rosita Pangilinan, et al., petitioners, vs. General Milling Corporation, respondent.

FACTS

The petitioners were employed by respondent General Milling Corporation (GMC) under five-month “temporary/casual contracts” as chicken dressers, packers, and helpers at its poultry plant. Upon contract expiration, their services were terminated. They filed complaints for illegal dismissal and monetary claims, asserting they performed necessary and desirable work, making them regular employees dismissed without just cause or due process. The Labor Arbiter ruled in their favor, declaring them regular employees illegally dismissed and awarding reinstatement, backwages, and monetary benefits.
A copy of the Labor Arbiter’s decision was sent via registered mail to GMC’s counsel, Atty. Emmanuel O. Pacsi, at the Corinthian Plaza address. It was received on October 28, 1997, by Beth Cacal, a clerk employed by GMC but not a member of its Legal Department staff. GMC filed its appeal with the NLRC on November 12, 1997, contending it received the decision only on November 3, 1997. The petitioners moved to dismiss the appeal for being filed five days late, counting from Cacal’s receipt.

ISSUE

Whether the National Labor Relations Commission (NLRC) correctly assumed jurisdiction over GMC’s appeal, notwithstanding the claim that it was filed out of time.

RULING

Yes, the NLRC correctly assumed jurisdiction. The pivotal question was when the reglementary period for appeal commenced. Service of the Labor Arbiter’s decision upon a party is deemed complete upon receipt by counsel of record, not by the party itself. The rules require service on the party’s counsel, and receipt by any person other than counsel or his authorized agent does not constitute valid service.
Here, Beth Cacal, who received the mailed decision, was a company clerk, not an employee of GMC’s Legal Department nor an authorized agent of its counsel. Her receipt was not binding on counsel. Therefore, service was not completed on October 28, 1997. Applying Section 10, Rule 13 of the Rules of Court, service by registered mail is complete upon actual receipt by the addressee (counsel) or after five days from the date of the first notice by the postmaster. GMC’s assertion that its counsel received it on November 3, 1997, was thus credible. Counting ten calendar days from November 3, the appeal filed on November 12, 1997, was timely. Consequently, the NLRC validly acquired jurisdiction to review and reverse the Labor Arbiter’s decision on the merits, ultimately ruling the petitioners were lawfully terminated project employees.