Appeal

Dear Atty. Kathy,

We hired a lawyer to handle the civil case a family member (FM) filed against a relative (R). The lawyer told us that she received the decision of the court, which, unfortunately, was in favor of R; and that we have 15 days to appeal. FM has not received a copy of the decision yet, and FM is thinking of changing his lawyer. Can we wait for FM’s copy of the decision and count the 15 days to appeal from FM’s receipt of said decision?

Melvin

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Dear Melvin,

Rule 13, Section 2 of the Rules of Court provides that if any party has appeared by counsel, service upon said party shall be made upon his/her counsel, unless service upon the party himself/herself is ordered by the court.

Further, based on case law or jurisprudence, when a party is represented by counsel and yet notice or service is made upon such party instead of his/her counsel, said service or notice is not the notice contemplated in law, and is, therefore, invalid or a nullity. This rule has exceptions, such as, when the court orders service upon the party or when the technical defect is waived.

Based solely on your narration, none of the exceptions mentioned apply in your situation. Therefore, the date of service on your counsel of record shall be the date of receipt from which the period to file the appeal shall be counted, not from the date of FM’s receipt of the decision.

(Spouses Magdalino Gabun, et al. vs. Winston Clark Stolk, Sr., G.R. No. 234660, 26 June 2023).

Atty. Kathy Larios