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[G.R. No. 160317. June 28, 2004]

MALABON MERCHANDISING vs. PIONEER INSURANCE

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 28 2004 .

G.R. No. 160317 (Malabon Merchandising Co., Inc. vs. Pioneer Insurance and Surety Corporation.)

The Court received a Manifestation and Motion from the petitioner's counsel stating that he was in receipt of a copy of the Entry of Judgment in this case, where it was declared that the Court issued a Resolution dated December 8, 2003 denying the petitioner's petition for review. The said counsel alleged that he has yet to receive a copy of the aforementioned resolution. As such, he prays that he be furnished a copy of the same, as well as the annulment of such entry in the Book of Entries of Judgment.

The Court resolves to DENY the motion. The records show that the Resolution dated December 8, 2003 was sent by registered mail to the petitioner's counsel at his given office address on January 9, 2004. As between a party's claim of non-receipt of notice and proof that such notice was actually received, as evidenced by the registry return card, the latter prevails. Such proof is further fortified by the presumption that official duty has been regularly performed.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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