Questione giuridica chiave
Whether the cantonal court violated the right to be heard by relying on its own postal tracking inquiry without inviting the appellant to comment.
Decisione estratta
Yes. Because the court relied on evidence it obtained itself to determine the mailing date, it had to give the appellant an opportunity to comment and rebut the presumption arising from the postal stamp.
Motivazione estratta
The right to be heard under Art. 29(2) Constitution includes the right to comment on relevant evidence before a decision. When an authority conducts its own evidentiary inquiry and uses the result against a party, that party must be heard on the evidence. Here the envelope was handed over at a post office counter, not dropped into a box; yet the appellate court itself consulted track-and-trace and fixed the filing time. The appellant should therefore have been invited to address that proof.