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Gatmaytan vs. Dolor

MERCEDES S. GATMAYTAN, PETITIONER, VS. FRANCISCO DOLOR (SUBSTITUTED BY HIS HEIRS) AND HERMOGENA DOLOR, RESPONDENTS.

G.R. No. 198120 | 2017-02-20

SECOND DIVISION
 
DECISION
 
LEONEN, J.:
 
When a party's counsel serves a notice of change in address upon a court, and the court acknowledges this change, service of papers, processes, and pleadings upon the counsel's former address is ineffectual. Service is deemed completed only when made at the updated address. Proof, however, of ineffectual service at a counsel's former address is not necessarily proof of a party's claim of when service was made at the updated address. The burden of proving the affirmative allegation of when service was made is distinct from the burden of proving the allegation of where...