SC: No presumption of proper mail delivery when opposed by strong evidence

The Supreme Court (SC) has returned to the Civil Service Commission (CSC) the case of a woman who did not receive a copy of a ruling dismissing her from service, stressing that the presumption that a relevant letter was properly delivered does not apply when strong evidence suggests otherwise.

In a 15-page decision, the SC Third Division granted the appeal of a municipal planning and development officer of Saint Bernard, Leyte.

It directed the CSC to give due course to her appeal for a proper resolution on the merits with dispatch.

"Proof of service of the assailed judgment must be clearly established to properly determine the reckoning period for filing an appeal. To this end, the registry return receipt alone will not suffice to prove service through the registered mail," it said.

"In the same vein, the disputable presumptions that the postal officers regularly performed their duties or that letters duly directed and mailed were received in the regular course of mail, do not apply in the face of overwhelming evidence to the contrary," it added.

According to the Court, the Disciplining Authority of the Office of the Municipal Mayor dismissed the officer for gross neglect of duty and conduct prejudicial to the best interest of service.

A copy of the decision dated June 2016 was supposedly sent to the officer by registered mail. It was marked "refused to accept."

However, the woman denied ever receiving the decision, claiming that she only learned about the ruling in March 2017 when she received a notice of suspension from state auditors.

Following this, she filed an appeal with the CSC, but this was dismissed for being filed beyond the 15-day appeal period.

The Court of Appeals (CA) upheld the CSC's decision.

However, the SC said presumptions under the Rules on Evidence, specifically that official duties are regularly performed and mail is properly delivered, can be overturned by strong, opposing evidence.

The SC said mere presentation of a registry return receipt is not enough to prove proper service and must be accompanied by a postmaster's affidavit confirming when, how, and to whom the delivery was made.

"Indeed, the certification of the postmaster constitutes the best evidence to prove that the mail matter was validly sent. The postmaster should certify not only that the mail was issued or sent but likewise specify how, when, and to whom the delivery thereof was made," it said.

"Without the certification of the postmaster containing details on how and to whom the registered mail was sent, the presumption regarding the performance of official duty cannot lie," the SC said.

The decision, penned by Associate justice Samuel Gaerlan, was promulgated in January and published in May. — VDV, GMA Integrated News