G.R. No. 75676 , August 29, 1990
MANUEL CO KENG KIAN, petitioner, vs. HONORABLE INTERMEDIATE APPELLATE COURT (Fourth Special Cases Division) and PLAZA ARCADE, INC., respondents.

FACTS

Private respondent Plaza Arcade, Inc. filed an ejectment complaint against petitioner Manuel Co Keng Kian before the Metropolitan Trial Court (MTC) of Manila. The complaint alleged that despite the expiration of the written lease contract, petitioner refused to vacate the premises and pay rentals. Plaza Arcade sent several demand letters, the last of which was sent by registered mail, but petitioner refused to receive them. During the trial, petitioner voluntarily vacated the premises but did not pay accrued rent. The MTC dismissed the case for lack of jurisdiction, holding that the demand to vacate was not validly served as it was not made personally, by notice to a person on the premises, or by posting, as strictly required under Section 2, Rule 70 of the Rules of Court. It awarded damages to petitioner. The Regional Trial Court affirmed the dismissal. Plaza Arcade elevated the case to the Intermediate Appellate Court.

ISSUE

Whether the notice to vacate required under Section 2, Rule 70 of the Revised Rules of Court for jurisdiction in an ejectment case may be validly served by registered mail.

RULING

Yes, service of the notice to vacate by registered mail constitutes substantial compliance with Rule 70. The Supreme Court affirmed the Appellate Court’s reversal of the dismissal. The Court rejected a constricted interpretation limiting service strictly to the three modes (personal, to person on premises, or posting) enumerated in the rule. It emphasized that ejectment proceedings are summary in nature designed to promptly restore social order, and technicalities should not frustrate their objective. The Court adopted a practical approach, citing American jurisprudence, which holds that notice sent by registered mail with a return card establishes a prima facie case of personal delivery by the postal service, even if the addressee refuses acceptance. Service by registered mail is deemed complete upon the addressee’s failure to claim the mail after five days from the postmaster’s notice, regardless of refusal to accept. Under the circumstances, where the petitioner repeatedly refused to receive personally delivered demands, compelling the lessor to use registered mail, the service was effective. The Court cannot countenance a situation where a defendant’s evasion tactics cause undue delay and injustice. Therefore, the MTC validly acquired jurisdiction, and the ejectment case is ordered reinstated for further proceedings.