356 Phil. 458
BELLOSILLO, J.:
x x x x Section 8, Rule 13 of the Rules of Court which provides that service by registered mail is deemed complete if the addressee fails to claim his mail from the post office within five (5) days from the date of first notice of the postmaster x x x x appellees (were) considered to have received a copy of (its) decision on June 20, 1995 (and) had (only) until July 5, 1995 within which to file a motion for reconsideration x x x x[12]On 21 December 1996 petitioner moved for leave to admit his motion for reconsideration raising the argument that it was filed on the fifteenth (15th) day from actual receipt of the decision. On 30 January 1997 respondent court likewise denied reconsideration based on the finding that the motion was in reality a second motion for reconsideration which was prohibited under Sec. 6, Rule 9, of its Revised Internal Rules.[13]
Sec. 8. Completeness of service. - Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of five (5) days after rnailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee; but if he fails to claim his mail from the post office within five (5) days from-the date of first notice of the postmaster, service shall take effect-at the expiration of such time (underscoring supplied).It may, be observed that the rule on service by registered mail contemplates two (2) situations: first, actual service the completeness of which is determined upon receipt by the addressee of the registered mail and, second, constructive service the completeness of which is determined, upon the expiration of five (5) days.from the date of first notice of the postmaster without the addressee having claimed the registered mail. The second circumstance was appreciated by respondent court to obtain in the present case. Yet for completeness of constructive service there must be conclusive proof that petitioner's former counsel or somebody acting on his behalf was duly notified or had actually received the notice, referring to the postmaster's certification to that effect[15] Here, private respondent failed to present such proof before respondent court but only did so in the present proceedings. Let us analyze the postmaster's certification -
This is to certify that according to the record(s) of this Office Registered Letter No. 71154 (with Delivery No. 30175) sent by (the) Court of Appeals, Manila on June 15, 1995 addressed to Atty. Anacieto S. Magno of 208 Associated Bank Bldg., Ermita, Manila was returned to sender as unclaimed mail on July 4, 1995 after the lapse of reglementary period provided for under postal regulations following the issuance of notices on the dates hereunder indicated (underscoring supplied):Obviously, the certification was procured only during the pendency of this petition or specifically on 29 January 1998. This act amounts to piece-meal introduction of evidence which is not allowed.[17] Even if we tolerate the procedural misstep, the certification accomplishes nothing because as early as 24 November 1972, in Hernandez v. Navarro,[18] we already considered this kind of certification as insufficient. Thus -
First Notice - June 15, 1995
Second Notice - June 19, 1995
Third Notice - June 21, 1995[16]
x x x x it is but proper to take judicial notice of the fact that the Postal Manual of the Philippines sets out in unmistakable terms the procedure that the post office is supposed to observe not only in the delivery of notices of registered mail but also in providing proof of such delivery x x x xAs between the claim of non-receipt of notices of registered mail by a party and the assertion of an official whose duty is to send notices, which assertion is fortified by the presumption that official duty has been regularly performed,[20] the choice is not difficult to make. But then the contents of the official's certification may spell the difference. For, it was not enough for Postmaster Endaya to have certified that the notices were issued because this is just a prelude to service by registered mail. And definitely, it would not be in consonance with the demands of due process and equity for us to automatically conclude that from the word "issued" alone, the notice was in fact received by the addressee or somebody acting on his behalf and on the same date of the notice, The postmaster should have included in his certification the manner, date and the recipient of the delivery. Hernandez need not overemphasize the point.
Clearly then, proof should always be available to the post office not only of whether or not the notices of registered mail have been reported delivered by the letter carrier but also of how or to whom and when such delivery has been made. Consequently, it cannot be too much to expect that when the post office makes a certification regarding delivery of registered mail, such certification such certification should include the data not only as to whether or not the corresponding notices were issued or sent but also as to how, when and whom the delivery thereof was made. Accordingly, the certification in the case at bar that the first and second notices addressed to Atty. Narvasa had been "issued" can hardly suffice the requirements of equity and justice. It was incumbent upon the post office to further certify that said notices were reportedly received. When there are several related acts supposed to be performed by a public officer or employee in regard to a particular matter, the presumption of regularity in the performance of official functions arise and be considered as comprehending all the required acts, if the certification issued by the proper office refers only to some of such acts, particularly in instances wherein proof of whether or not all of them performed is available under the or office regulations to the officer making the certification. In other words, the omission of some of the acts in-the certification may justify the inference that from the proof available to the officer there is no showing that they have also been performed x x x x[19] (underscoring supplied).