Professional Documents
Culture Documents
CIR
FACTS:
Association of Democratic Labor Organizations (ADLO) filed a complaint against
Cerisco Blackcat Trading (CBT). However, defendant CBT failed to file its answer or
any responsive pleading within the reglementary period even though record shows
that summons were served on them. CIR then declared CBT in default and allowed
the ADLO to present evidence ex-parte. The court ruled in favor of ADLO ordering
the CBT to pay the necessary amount for each complainants. The money value
amounted to P223,098.04. The ADLO moved for the issuance of the writ of
execution which was granted by the court.
However, when the deputy sheriff, Gilbert Lorenzo, levied upon petitioner Victoria
Ablazas personal properties, she then filed an urgent petition for relief alleging that
she was completely and totally unaware of any suit for a sum of money against her
as she has not been lawfully summoned and informed of any such case.
Record shows that the sheriff attempted to serve the proper summons and notices
to the petitioners but was deliberately denied by those who are found in the said
address. Until the bailiff resorted to substituted service by tendering a copy to the
building caretaker who refused to sign and give his name that July 27, 1970.
ISSUE: WON the petitioners were denied of due process by not being duly served by
the required notices?
RULING: No. They were not denied of their due process because they are duly
notified.
It was held that there was no denial of due process where it was established that
the petitioners were duly served with the requisite notices and the records indicate
beyond doubt that the respondent in the case before the CIR was adequately given
the necessary notice and that the owners of Cerisco Blackcat Trading deliberately
avoided acknowledgment of the service of summons. Moreover, in quasi judicial
proceedings in NLRC and its arbitration branch procedural rules governing service of
summons are not strictly construed but a substantial compliance thereof is enough.
In this case, the substituted service resorted by the bailiff is enough to bind Ablaza
as the owner of the known CBT.