G.R. No. 227222 -

Ruling

accordingly, directed the Division Clerk of Court to make an entry of judgment. [41] The said Decision was thus entered [42] in the Book of Entries of Judgments. Petitioners filed a Manifestation/Compliance with Motion to Recall Entry of Judgment, [43] which was noted without action in a Resolution [44] dated September 20, 2016. In the meantime, respondents Villalongha and BBHAI moved [45] for the issuance of a writ of execution before the RTC; hence, this petition with prayer for issuance of a Temporary Restraining Order (TRO) enjoining, among others, the Presiding Judge of the RTC from hearing and/or giving due course to the said motions; and respondents from ejecting petitioners from the subject lands. In order not to render moot the issue in this case, the Court issued a TRO. [46] The Issue Before the Court The essential issue for the Court's resolution is whether or not the CA committed grave abuse of discretion in directing an entry of judgment in the case, and denying petitioners' motion to recall the same, despite their claim of lack of proper service of the March 22, 2013 Decision. The Court's Ruling Section 2, Rule 13 of the Rules of Court provides that "if any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court." Thus, even if a party represented by counsel has been actually notified, said notice is not considered notice in law. [47] "The reason is simple - the parties, generally, have no formal education or knowledge of the rules of procedure, specifically, the mechanics of an appeal or availment of legal remedies; thus, they may also be unaware of the rights and duties of a litigant relative to the receipt of a decision. More importantly, it is best for the courts to deal only with one person in the interest of orderly procedure - either the lawyer retained by the party or the party him/herself if [he/she] does not intend to hire a lawyer." [48] As to service of judgments and proof thereof, Sections 7 and 13, Rule 13 of the Rules of Court pertinently provide: Section 7. Service by mail . - Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is available in the locality of either the senders or the addressee, service may be done by ordinary mail. x x x x Section 13. Proof of service . - x x x If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with Section 7 of this Rule. If service is made by registered mail , proof shall be made by such affidavit and the registry receipt issued by the mailing office . The registry return card shall be fi